Q&As

What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification?

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Produced in partnership with Peter Ware of Browne Jacobson
Published on LexisPSL on 25/11/2016

The following Public Law Q&A produced in partnership with Peter Ware of Browne Jacobson provides comprehensive and up to date legal information covering:

  • What steps/issues should a contracting authority consider when engaging a consultant to help develop a public contract specification?
  • Exclusion from bidding

Research for this question is limited to covering public contracts regulated under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).

The PCR 2015 include provisions which require contracting authorities to ‘take appropriate measures’ to deal with conflicts of interest and avoid the distortion of competition. The rules are found in PCR 2015, SI 2015/102, reg 24 (Conflicts of interest) which provides that:

‘(1) Contracting authorities shall take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators.

(2) For the purposes of paragraph (1), the concept of conflicts of interest shall at least cover any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.

(3) In paragraph (2)—

“relevant staff members” means staff members of the contracting authority, or of a procurement service provider acting on behalf of the contracting authority, who are involved in the conduct of the procurement procedure or may influence the outcome of that procedure;

and

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