Transport project procurement—key considerations
Produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP

The following Public Law practice note produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP provides comprehensive and up to date legal information covering:

  • Transport project procurement—key considerations
  • Project appraisal and scoping
  • Regulation of transport projects
  • Risk allocation and management
  • Different types of contract for the delivery of transport projects
  • Employer'sdesign contract
  • Design & Build (D&B) contract
  • Operating and Maintenance (O&M) contract
  • Design Build Finance and Operate (DBFO) contract
  • Early Contractor Involvement (ECI) contract
  • More...

Transport project procurement—key considerations

The UK transport sector covers a wide range of transport modes and related infrastructure including roads, tunnels and bridges, buses, heavy and light railways, aviation, and shipping. This Practice Note draws on several of these sub-sectors to highlight some key considerations for those contemplating the procurement of a transport project. Planning and procurement issues also need to be considered and are dealt with separately in our Practice Notes:

  1. Transport project procurement—planning law considerations

  2. Transport project procurement—procurement law considerations

Project appraisal and scoping

At the outset, correct appraisal and scoping of the project is crucial. This should include assessments of:

  1. technical, legal and commercial viability

  2. deliverability

  3. affordability

  4. value for money

  5. ability to meet planning and environmental requirements

Other factors to be assessed at an early stage include the correct treatment of the project for government accounting purposes and the procurement strategy. A large amount of guidance has been published to assist with the appraisal and planning process. Some of this is mentioned below.

HM Treasury's Green Book states that the main purpose of appraisal is guaranteeing that no project is adopted without answering two major questions:

  1. are there better ways to achieve this objective?

  2. are there better uses for these resources?

HM Treasury will wish to see that the business case for the project addresses the areas flagged in its ’5 Case Model' methodology for assessing business

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