Procurement procedure

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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

The following Public Law news provides comprehensive and up to date legal information on UK subsidy regime to reflect national interests, government says in legislative plans

Brexit SI Bulletin—drafts laid for sifting on 10 May 2021

The following Public Law news provides comprehensive and up to date legal information on Brexit SI Bulletin—drafts laid for sifting on 10 May 2021

With US on board, COVID IP waiver still faces long road

The following Commercial news provides comprehensive and up to date legal information on With US on board, COVID IP waiver still faces long road

Featured Public Law content

Overview of the EU legal system

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...

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

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...

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

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

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

COVID-19

In-house

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 Procurement procedure content

Precedents

Invitation to participate in dialogue—competitive dialogue procedure

[Insert name of contracting authority]Tender for [Insert name of Procurement Exercise]Tender Reference: [Insert the Contracting Authority’s tender...

Produced in partnership with Browne Jacobson 7th May

Precedents

Invitation to tender―competitive procedure with negotiation

[Insert name of Contracting Authority]Tender for [Insert name of Procurement Exercise]Tender Reference: [Insert the Contracting Authority’s tender...

Produced in partnership with Browne Jacobson 7th May

Precedents

Letter accompanying Invitation to participate in dialogue—competitive dialogue procedure

[On headed paper][Insert date][Insert address of bidder]Dear [[Insert contact name] OR [Insert name of nominated lead organisation if bidder is a...

Produced in partnership with Browne Jacobson 7th May

Precedents

Letter rejecting a bidder following negotiation—competitive procedure with negotiation and innovation partnership procedure

[On headed paper][Insert date][Insert address of bidder]Dear [Insert contact name noted in the SQ or insert name of nominated lead organisation if...

Produced in partnership with Lee Digings of Lee Digings Associates 7th May

Practice notes

Climate change adaptation in public procurement

What is climate change adaptation?Climate change adaptation refers to predicting any adverse effects of climate change and foreseeing ways to prevent...

Produced in partnership with Ardea International 5th May

Practice notes

Discontinuing a public procurement process

IntroductionA contracting authority may decide to discontinue an award procedure. This Practice Note covers:•the discretion to discontinue and when...

Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors 5th May

Precedents

Letter accompanying Invitation to tender—competitive procedure with negotiation

[On headed paper][Insert date][Insert address of bidder]Dear [[Insert contact name] OR [Insert name of nominated lead organisation if bidder is a...

Produced in partnership with Browne Jacobson 4th May

Precedents

Discontinuation letter

[On headed paper][Insert date] [Insert address of bidder]Dear [Insert contact name]Procurement: [Insert procurement name/reference]Contract Notice...