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Brendan is a lawyer based in Norton Rose Fulbright’s London office who advises primarily on public procurement, state aid and public/administrative law.
He provides strategic advice to bidders, contracting authorities and utilities on the rules applicable to the award of major public contracts, including contentious and non-contentious procurement law. He has assisted organisations active in a number of sectors, including transport, energy, defence, infrastructure and healthcare. In addition, Brendan has advised public and private sector clients on judicial review, statutory powers and duties of public authorities, freedom of information and legislative drafting.
Brendan studied law and French at University College Cork, and holds Masters’ degrees in public procurement law (University of Nottingham) and in public administration (College of Europe, Bruges). He is a qualified lawyer in England & Wales, and in Ireland.
Are there any legislative restrictions against a contracting authority requiring bidders for a public contract to use (and contract with) an existing/particular third-party supplier as part of the bid process?
Are there any penalties or risks where a contracting authority publishes an inaccurate (or poorly drafted) contract award notice under the Utilities Contracts Regulations? Can, or should, a poorly drafted contract award notice be withdrawn, amended and resubmitted to the EU Publications Office?
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?
Can a public contract which has been extended to the fullest extent provided in the contract notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?
For contracting authorities running a dynamic purchasing system, what guidance is available for use of additional supplier selection questions in Part 3 of the standard selection questionnaire? Can these questions be scored and/or weighted?
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?
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?
What are the advantages and disadvantages for a contracting authority in using the design contest procedure under the Public Contracts Regulations 2015 for a high profile landmark development?
What statutory provisions allow a NHS Trust to enter into significant contracts? Are there any financial limits on contracting or statutory requirements to ensure the transaction remains intra vires?
When a local authority wishes to submit a tender for a service contract being procured by another local authority, do they have to do so through a trading company or can they respond and contract directly with the other local authority for the provision of services?
Will contracting authorities have to continue to advertise public contracts in the OJEU in light of Brexit?
Consulting Editorial Board
Solicitor, qualified in England & Wales
Solicitor, qualified in Ireland
BCL Law and French (University College Cork)
MA European Political and Administrative Studies (College of Europe, Bruges)
LLM Public Procurement Law (University of Nottingham)
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