Q&As

When a local authority wishes to submit a tender for a service contract being procured by another local authority, do they have to do so through a trading company or can they respond and contract directly with the other local authority for the provision of services?

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Produced in partnership with Brendan Ryan of Pinsent Masons
Published on LexisPSL on 28/06/2019

The following Local Government Q&A produced in partnership with Brendan Ryan of Pinsent Masons provides comprehensive and up to date legal information covering:

  • When a local authority wishes to submit a tender for a service contract being procured by another local authority, do they have to do so through a trading company or can they respond and contract directly with the other local authority for the provision of services?

When a local authority wishes to submit a tender for a service contract being procured by another local authority, do they have to do so through a trading company or can they respond and contract directly with the other local authority for the provision of services?

As a general rule, the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 seek to ensure that potential tenderers (whether public or private sector) are not excluded from a tender process because of their legal form.

For example, PCR 2015, SI 2015/102, reg 19(1) provides that a tenderer which is allowed to provide a certain service in its home Member State cannot be prevented from tendering to provide those services in another Member State which has different rules about the legal form service providers are required to take. In relation to consortium bids, the effect of PCR 2015, SI 2015/102, reg 19(3) is that a group of economic operators cannot be required to take a particular legal form in order to

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