Sharpe Pritchard

Sharpe Pritchard

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Contributions by Sharpe Pritchard

3

Collaborative procurement in the public sector—a short introduction

Collaborative procurement in the public sector—a short introduction

Practice notes

This Practice Note discusses the legal issues that need to be considered when public bodies work together to conduct a procurement for buying goods and services. It highlights the importance of adopting a legal structure that suits the specific circumstances of the collaboration and outlines potential options, namely; a framework agreement, contracting on behalf of others and a single contract to which all authorities involved are party to. The Practice Note concludes by addressing the legal obligations of each authority when working together in this way.

Local Government

Public procurement—a short guide for bidders

Public procurement—a short guide for bidders

Practice notes

This Practice Note is a short introduction to the public procurement regime under the Public Contracts Regulations 2015. Aimed at a first-time bidders in a public procurement exercise, it provides an overview of the underlying legal regime, with further guidance and tips on what can bidders do to help themselves when tendering for a public contract.

Local Government

Public procurement—private sector considerations

Public procurement—private sector considerations

Practice notes

This Practice Note provides practical tips on the bidding process for public contracts tendered under the Public Contracts Regulations 2015. Identifying resources for locating public contracts, guidance and policy information is the first step. The Practice Note then outlines the key processes that may apply when bidding for public contracts, highlighting the relevant procurement rules that govern public contract tenders, plus additional guidance and tips for making the most of a tender opportunity and key criteria and considerations for a winning bid.

Local Government

Contributions by Sharpe Pritchard Experts

10

Changes to award criteria during a procurement procedure

Changes to award criteria during a procurement procedure

Practice notes

This Practice Note provides guidance on the circumstances when a contracting authority can vary its award criteria during a procurement procedure. It does so primarily with reference to procurement procedures run under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

Local Government

A developer is entering into an agreement under section 278 of the Highways Act 1980, pursuant to a condition under a planning permission. The works covered by the agreement are entirely within highway running along the application site. The developer is the owner of the application site, but the application site has charges against it. Should the mortgagee be party to the agreement?

A developer is entering into an agreement under section 278 of the Highways Act 1980, pursuant to a condition under a planning permission. The works covered by the agreement are entirely within highway running along the application site. The developer is the owner of the application site, but the application site has charges against it. Should the mortgagee be party to the agreement?

Q&As

Are there statutory rules or guidance on who must be notified of a planning application going to committee?

Are there statutory rules or guidance on who must be notified of a planning application going to committee?

Q&As

Can you amend or revoke a stopping up order made under section 247 of the Town and Country Planning Act 1990 after it has been published, for example, in circumstances where an agreed condition has been missed off?

Can you amend or revoke a stopping up order made under section 247 of the Town and Country Planning Act 1990 after it has been published, for example, in circumstances where an agreed condition has been missed off?

Q&As

Does the biodiversity net gain requirement apply to deemed planning permissions, for example, planning permission deemed granted under section 90 of the Town and Country Planning Act 1990?

Does the biodiversity net gain requirement apply to deemed planning permissions, for example, planning permission deemed granted under section 90 of the Town and Country Planning Act 1990?

Q&As

If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?

Q&As

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

Q&As

Regulation 32(9) of the Public Contracts Regulations states 'the negotiated procedure without prior publication may be used for new works and services consisting of the repetition of similar works or services entrusted to the economic operator to which the same contracting authority awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded following a procedure in accordance with regulation 26(1) and (2)'. What is classed/defined as 'repetition of similar works'?

Regulation 32(9) of the Public Contracts Regulations states 'the negotiated procedure without prior publication may be used for new works and services consisting of the repetition of similar works or services entrusted to the economic operator to which the same contracting authority awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded following a procedure in accordance with regulation 26(1) and (2)'. What is classed/defined as 'repetition of similar works'?

Q&As

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

Q&As

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Q&As

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