Pre-procurement considerations

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Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Adam Cygan of University of Leicester 12th Jan
Practice notes
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...
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Produced in partnership with Laura Bolado 12th Jan
Practice notes
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...
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Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
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...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
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...
Read More >
Produced in partnership with Laura Bolado 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...
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Produced in partnership with Victoria McGie 12th Jan
Practice notes
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),...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Pre-procurement considerations content

Q&As
In answering this Q&A, we have assumed that the scenario relates to an above-threshold contract for social or other specific services listed in...
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15th Feb
Q&As
Limiting the number of bids a tenderer can submitA contracting authority (CA) may wish to limit the number of bids a tenderer may submit in a public...
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15th Feb
Q&As
The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 10 excludes a number of a specific categories of service contract from the scope of...
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Produced in partnership with Alfred Artley of Monckton Chambers 13th Feb
Q&As
BackgroundIn April 2014 the EU adopted revised public sector and utilities directives and a new directive to regulate the award of concession...
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13th Feb
Q&As
Public procurement by bodies governed by public law which are for the most part funded by the state is covered by the Public Contracts Regulations...
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13th Feb
Precedents
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Abby Semple of Public Procurement Analysis 12th Feb
Precedents
ARCHIVED: These archived training materials provide information on Directive 2014/24/EU of the European Parliament and of the Council of 26 February...
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Produced in partnership with Wesley Hall of DAC Beachcroft LLP 12th Feb
Q&As
Article 56 of the Treaty on the Functioning of the European Union (TFEU)TFEU, art 56 prohibits EU Member States from restricting the freedom to...
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3rd Feb
Q&As
For the purpose of this Q&A we have assumed that this is an above-threshold procurement under the Public Contracts Regulations 2015 (PCR 2015), SI...
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Produced in partnership with Dennis Edwards 8th Jan
Q&As
Where a multi-supplier framework includes provision for varying the terms for each call-off, where in the procurement/contract documents should this...
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Produced in partnership with Peter Ware of Browne Jacobson 8th Jan
Q&As
This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.As a general rule, PCR 2015, SI 2015/102...
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Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan
Q&As
Reservation of contractsRegulations 20 and 77 of the Public Contract Regulations 2015, SI 2015/102 (PCR 2015), concern the reservation of contracts....
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26th Dec
Q&As
In conducting our research we have focussed on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.How does Brexit...
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24th Dec
Q&As
The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the financial...
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24th Dec
Q&As
Application of the Public Contracts Regulations 2015The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, implement the Public Contracts...
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24th Dec
Q&As
The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the financial...
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7th Dec
Q&As
Eligibility and selection in public procurementContracting authorities conducting a public procurement exercise under the Public Contracts Regulations...
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6th Dec

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