Anthony Collins Solicitors LLP

Framework agreements are used increasingly for the procurement of works, services and supplies. This Practice Note provides comprehensive guidance on using the call-off procedures under this type of agreement. The rules under buying club frameworks are discussed, followed by the relevant checks to consider when deciding to use a framework agreement. There is an overview of single provider and multiple provider frameworks, summarising the documentation required for call-off contracts.

This Practice Note explains the duty of disclosure in relation to public procurement challenges and considerations in relation to confidentiality. In the context of court proceedings, it details the different levels of disclosure through case law and examples, and requirements under Civil Procedure Rules 1998, particularly under CPR 31. It also explains the circumstances in which a pre-action disclosure application or specific disclosure application may be made.

This Practice Note looks at the options for discontinuing a public procurement processes. In some circumstances, a contracting authority can discontinue a public procurement process at their discretion. This Practice Note examines the scope of this discretion and discusses examples highlighted by case law to illustrate when it can be used. The limits to this process are explained, followed by the implications to consider when discontinuing a procurement process in order to keep the work in-house. The Practice Note concludes with an overview of the overall process to follow and how the decision to discontinue may be challenged.

This Practice Note looks at call-off procedures in framework agreements in the construction industry, particularly in the private sector and includes links to more detailed content in relation to the call-off of contracts under public sector frameworks. It considers the call-off process, the scope and duration of called-off contracts and call-off contract documentation.

This Practice Note looks at the standard form framework agreements that are published and their use in the construction industry. It focuses on the JCT Framework Agreement (JCT FA), the ACA Framework Alliance Contract (FAC-1) and the NEC3/NEC4 Framework Contract.

This Practice Note looks at how framework agreements are used in the public sector. What distinguishes a framework agreement from a contract is discussed, highlighting the potential issues generated by the use of the ‘term contracts’, as well as identifying the difference between binding and non-binding agreements. It also covers the relevant parties and number of providers, and outlines the key elements of a framework agreement that are required by the Public Contracts Regulations 2015 (PCR 2015). The Practice Note concludes with explanation of the tender process used.

Byelaws are local laws that have the force of law within the areas to which they apply. They generally require something to be done or not to be done in a particular location and are accompanied by some sanction or penalty for their non-observance. Local Authorities in England create byelaws to ensure something is or is not done within part or all of it’s area. To ensure such orders are complied with requires the byelaw to be enforceable by law.

This Practice Note examines how the principles of equal treatment and transparency apply to public procurement correspondence and communications. It considers electronic tendering and discusses the availability of procurement documents online under the Public Contracts Regulations 2015.

This Practice Note considers how the equal treatment and transparency principles apply to all public procurement correspondence and communications. It covers the five main procurement procedures under the Public Contracts Regulations 2015, detailing the different types of correspondence under each. The specific correspondence is then discussed in further detail, including soft marketing testing, contract notices, disclosure of award criteria and clarification questions.

Contracting authorities in the public sector have a duty to act in a transparent way. This Practice Note highlights how this duty is imposed through the Public Contracts Regulations 2015. With reference to relevant case law, it discusses the transparency requirements throughout the relevant stages of the public procurement process and identifies how contracting authorities can meet them.

This Practice Note deals with the key considerations for a contracting authority when appointing consultants in the course of a public procurement exercise, highlighting issues concerning conflicts of interest and guidance on the terms of appointment of consultants.