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Chris Alderson
Partner
Hempsons
Contributions by Hempsons Experts

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How to deal with confidentiality issues, including during procurement litigation
How to deal with confidentiality issues, including during procurement litigation
Practice notes

This Practice Note addresses protecting confidential information in relation to a public procurement process. This includes protecting information, disclosure obligations, legal protections, duty of confidence, confidentiality breach, and the circumstances to consider in an application for disclosure.

Preliminary market consultations
Preliminary market consultations
Practice notes

Prior to a publication in the Official Journal of the European Union (OJEU), preliminary market consultation (PMC) can be used to consult prospective contractors in advance of the public procurement process. This Practice Note highlights the different types of PMC that can be used in conjunction with the EU principles. It identifies the benefits of this process and also the potential risks in terms of distorting competition.

Public procurement—Negotiated without a notice procedure
Public procurement—Negotiated without a notice procedure
Practice notes

This Practice Note explains the grounds for using the negotiated procedure without a notice which are set out in regulation 32 of the Public Contracts Regulations 2015. Specifically, it covers the absence of tenders ground, the one possible provider ground, the extreme urgency ground, the R&D ground, the incompatibility ground, the commodity market ground, the fire sale ground, the design contest ground and the repetition of works or services ground in detail.

Using different evaluation methodologies for different types of public procurement
Using different evaluation methodologies for different types of public procurement
Practice notes

This Practice Note provides an introduction into the difference between the selection and award criteria, which is used by contracting authorities when procuring public contracts subject to the Public Contracts Regulations 2015. There is a focus on the award criteria, in particular the more commonly used ‘most economically advantageous tender’ (MEAT). This Practice Note also provides an overview of the scoring and evaluation criteria. It also explains the general procurement principles potential outcomes of incorrectly evaluated bids.

Other Work
Grounds for challenge in a public procurement process—checklist
Grounds for challenge in a public procurement process—checklist

This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires (SQs), invitations to tender (ITTs) and standstill letters.

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