Pre-procurement considerations

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Parliamentary supremacy the enrolled bill rule

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Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

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Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

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Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

The supremacy of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Adam Cygan of University of Leicester 12th Jan

Practice notes

Indirect effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan

Practice notes

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Direct effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Produced in partnership with Victoria McGie 12th Jan

Practice notes

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

Produced in partnership with Carl Gardner 12th Jan

Practice notes

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

9th Nov

Most recent Pre-procurement considerations content

Practice notes

Project, programme and risk management

Major projects frequently form part of a broader programme (for example, a corporate transformation programme) and project management disciplines need...

Produced in partnership with Lee Digings of Lee Digings Associates 9th Apr

Practice notes

Grants, public procurement and State aid rules [Archived]

ARCHIVED: This Practice Note has been archived is not maintained.Brexit impact—public procurementThe UK public procurement regime derives from EU...

Produced in partnership with Lee Digings of Lee Digings Associates 9th Apr

Practice notes

Stakeholder engagement

The engagement of stakeholders, often representing a wide variety of interests, is critical to the success of major procurement projects and...

Produced in partnership with Lee Digings of Lee Digings Associates 9th Apr

Practice notes

Drafting technical specifications for use in public procurement procedures

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Public procurement key cases—pre-procurement considerations [Archived]

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note is part of a series of archived Practice Notes collating and...

9th Apr

Practice notes

Market engagement

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Lee Digings of Lee Digings Associates 8th Apr

Practice notes

The principles of EU procurement

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Hardwicke Chambers 8th Apr

Practice notes

EU procurement thresholds

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Hardwicke and Michael Winder of Brabners LLP 8th Apr

Q&As

Where can I find the UK financial thresholds relating to public procurement and how often are they revised?

The UK public procurement regulations apply to public contracts in-scope, where the estimated value of the contract is no less than the financial...

22nd Mar

Practice notes

Encouraging SMEs to bid for public contracts

This Practice Note looks at initiatives intended to encourage small and medium-sized enterprises (SMEs) to bid for public contracts without infringing...

Produced in partnership with Katherine Calder of Bryan Cave Leighton Paisner 18th Mar

Practice notes

e-Procurement

In a relatively short period of time the use of e-Procurement tools to award public contracts has become standard practice. Consequently, those...

Produced in partnership with Katherine Calder of Bryan Cave Leighton Paisner 18th Mar

Practice notes

Supply chain sustainability

The public increasingly hold organisations responsible for the impact of their and their suppliers' practices on the environment, local communities...

Produced in partnership with Simon Garbett of Squire Patton Boggs, Ian Skinner of Squire Patton Boggs, Sarah Rathke Esq. of Squire Patton Boggs and Dynda Thomas of Squire Patton Boggs 5th Mar

Practice notes

Best value in public procurement

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Hardwicke Chambers 26th Feb

Q&As

Are there any restrictions on the amount a contracting authority's may invoice (a management fee/charge) a supplier appointed to a framework for managing that framework?

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as:‘an agreement between one or more contracting...

Produced in partnership with Peter Ware and Victoria Searle of Browne Jacobson LLP 15th Feb

Q&As

Is there any guidance on how the courts treat key performance indicators set by public authorities in contracts tendered under the EU public procurement rules?

This Q&A only considers the position regarding an above-threshold public contract tendered under the Public Contracts Regulations (PCR 2015), SI...

15th Feb

Q&As

Where a group company structure has been set up by a local authority, is the 80% calculation of a company's activities for its controlling authority under regulation 12 of the Public Contracts Regulations 2015, SI 2015/102, calculated with reference to the group or each individual company?

Regulation 12 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, provides that the award of a public contract by a contracting...

15th Feb

Q&As

Is there any case law or guidance on preliminary market consultation in public procurement? What should a contracting authority do if it thinks there is a conflict of interest?

Although pre-procurement engagement with the market is not a new feature of public procurement, the Public Contracts Regulations 2015, SI 2015/102...

Produced in partnership with Brendan Ryan of Pinsent Masons 15th Feb

Q&As

What is the UK position under the WTO Government Procurement Agreement before and after Brexit?

The UK’s position under the World Trade Organization Agreement on Government Procurement (WTO GPA), a plurilateral agreement providing access to...

Produced in partnership with Eric White of Herbert Smith Freehills 15th Feb

Brexit

Q&As

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

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

Produced in partnership with Peter Ware of Browne Jacobson 15th Feb

Q&As

Is there a legal requirement for a contracting authority to terminate an existing public contract where the supplier under that contract is participating in a subsequent public procurement process tendered by the same authority?

We have assumed that your query relates to the procurement of an above-threshold contract by a public authority governed by the Public Contracts...

Produced in partnership with Denis Edwards of Normanton Chambers 15th Feb

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Pre-procurement considerations

View Public Law by content type:

Latest Public Law News

Birmingham City Council’s housing allocation scheme declared to have discriminated against disabled households (R (Nur) v Birmingham City Council)

Public Law weekly highlights—13 May 2021

Public interest justifies cost-capping in a procurement case (Good Law Project v Minister for the Cabinet Office (Hanbury Strategy & Communications Ltd as interested party))

UK subsidy regime to reflect national interests, government says in legislative plans

Featured Public Law content

Overview of the EU legal system

Parliamentary supremacy the enrolled bill rule

Introduction to retained EU law

Judicial review—what it is and when it can be used—Scotland

Most recent Pre-procurement considerations content

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