Public procurement

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‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

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Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-house

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Public procurement content

Q&As

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?

In conducting our research, we have focussed on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.Standstill...

15th Feb

Q&As

Can a public contract which has been extended to the fullest extent provided in the OJEU notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?

Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (SI 2015/102, reg 72) is aimed at clarifying the extent to which...

Produced in partnership with Brendan Ryan of Pinsent Masons 15th Feb

Q&As

Are there any restrictions on the amount a contracting authority's may invoice (a management fee/charge) a supplier appointed to a framework for managing that framework?

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as:‘an agreement between one or more contracting...

Produced in partnership with Peter Ware and Victoria Searle of Browne Jacobson LLP 15th Feb

Q&As

Is there any guidance on how the courts treat key performance indicators set by public authorities in contracts tendered under the EU public procurement rules?

This Q&A only considers the position regarding an above-threshold public contract tendered under the Public Contracts Regulations (PCR 2015), SI...

15th Feb

Q&As

Where a group company structure has been set up by a local authority, is the 80% calculation of a company's activities for its controlling authority under regulation 12 of the Public Contracts Regulations 2015, SI 2015/102, calculated with reference to the group or each individual company?

Regulation 12 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, provides that the award of a public contract by a contracting...

15th Feb

Q&As

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime?

It is assumed that this query relates to a below-threshold public procurement exercise using the light touch regime (LTR) under the Public Contracts...

15th Feb

Q&As

If a contractor to a public contract awarded under the Public Contracts Regulations 2015 later merges with a third party, can the contracting authority novate the contract to the new entity? Are there any specific regulatory requirements or best practices for contracting authorities in this situation? Do the same rules apply for contracts awarded under the Public Contracts Regulations 2006?

In answering this Q&A, we have limited our research to cover public procurement under the Public Contracts Regulations 2015, SI 2015/102 (PCR...

Produced in partnership with Jack Eustice and Rebecca Rees of Trowers & Hamlins LLP 15th Feb

Q&As

Is there any case law or guidance on preliminary market consultation in public procurement? What should a contracting authority do if it thinks there is a conflict of interest?

Although pre-procurement engagement with the market is not a new feature of public procurement, the Public Contracts Regulations 2015, SI 2015/102...

Produced in partnership with Brendan Ryan of Pinsent Masons 15th Feb

Q&As

What is the UK position under the WTO Government Procurement Agreement before and after Brexit?

The UK’s position under the World Trade Organization Agreement on Government Procurement (WTO GPA), a plurilateral agreement providing access to...

Produced in partnership with Eric White of Herbert Smith Freehills 15th Feb

Brexit

Q&As

What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification?

Research for this question is limited to covering public contracts regulated under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).The...

Produced in partnership with Peter Ware of Browne Jacobson 15th Feb

Q&As

Is there any guidance or case law concerning the application and interpretation of the rules on variation of public contracts in unforeseen circumstances?

Variation of public contractsThe Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 72 is aimed at clarifying the extent to which...

15th Feb

Q&As

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?

In the judgment of the Court of Appeal in Street v Derbyshire Unemployed Workers’ Centre, which was also referred to by Jackson LJ in Mid Essex...

15th Feb

Q&As

Is there a legal requirement for a contracting authority to terminate an existing public contract where the supplier under that contract is participating in a subsequent public procurement process tendered by the same authority?

We have assumed that your query relates to the procurement of an above-threshold contract by a public authority governed by the Public Contracts...

Produced in partnership with Denis Edwards of Normanton Chambers 15th Feb

Q&As

In a competitive procedure with negotiation, can the procurement documentation and submitted tenders be amended during the process? Can the contracting authority negotiate with bidders once the final tenders are submitted?

We have assumed that:‘This query relates to the competitive procedure with negotiation under regulation 29 of the Public Contracts Regulations 2015,...

15th Feb

Q&As

Can a public contract that has expired be extended if it contained a provision for extension?

Contracts governed by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, often envisage a service arrangement that will last over a period...

15th Feb

Q&As

What are the time limits and remedies available for challenging a call-off agreement under a framework agreement subject to the Public Contracts Regulations 2015? Could a successful bidder be liable in the event of a successful challenge?

RemediesThe remedies available in a public procurement challenge under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 depend upon the...

15th Feb

Q&As

Are there any case law examples relating to the exclusion of a bidder based on past poor performance under regulation 57(8)(g) of the Public Contracts Regulations 2015?

In a public procurement exercise regulated by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 , a contracting authority may award a...

Produced in partnership with Joseph Dalby SC of The 36 Group 15th Feb

Q&As

Do contracting authorities need to redraft their standard termination clauses for contracts subject to the Public Contracts Regulations 2015?

If a contracting authority’s standard form contracts do not already contain provisions which allow for termination in the circumstances specified in...

Produced in partnership with Mark Bassett of Dentons UKMEA LLP 15th Feb

Q&As

To what extent can a contracting authority approach/ask an individual bidder in a public procurement exercise to amend their bid, or to correct mistakes?

A contracting authority might wish to invite a bidder to correct a mistake in a tender submission for a public contract. Such a correction might serve...

Produced in partnership with Brendan Ryan of Pinsent Masons 15th Feb

Q&As

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started?

In conducting our research we have focussed on above-threshold procurement exercises regulated by the Public Contracts Regulations 2015, SI 2015/102...

Produced in partnership with Brendan Ryan of Pinsent Masons 15th Feb

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Public procurement

View Commercial by content type:

Latest Commercial News

Identifying advertising in podcasts

Commercial weekly highlights—4 March 2021

‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

How do you provide ranking transparency under the Platform-to-business (P2B) Regulation?

Featured Commercial content

Fiduciary Duties

Conditions precedent in commercial contracts

Repudiation

Contract variation

Most recent Public procurement content

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