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A method of obtaining materials or craftsmen for projects and building work.
Procurement is the general term used for obtaining prices and reaching a point at which a contract can be placed. This can be either for services or goods. Public Procurement is the process put in place in accordance with EU guidelines for fair and non-collusive tendering processes used by public bodies and others regulated by the law in this area.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
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Management contracting
Is traditional procurement the appropriate
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FORTHCOMING CHANGE: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) come into force. Procurements begun on or after that date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.PCR 2015 as assimilated lawPCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.The public procurement regimeThe domestic public procurement regime rests on a series of sets of regulations, which originally implemented a series of EU public procurement directives in England, Wales and Northern Ireland, as follows:•the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 address contracts awarded by...
Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...
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Letter accompanying Invitation to participate in dialogue—competitive dialogue procedure STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. [On headed paper] [Insert date] [Insert address of bidder] Dear [[Insert contact name] OR [Insert name of nominated lead organisation if bidder is a
Letter accompanying Invitation to tender—competitive procedure with negotiation STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. [On headed paper] [Insert date] [Insert address of bidder] Dear [[Insert contact name] OR [Insert name of
Dive into our 115 Precedents related to Procurement
When can a local authority procure a different supplier to carry out works if the current provider hasn’t performed all aspects of the contract? Article 73 of Directive 2014/24/EU (the Public Contracts Directive) is implemented into English law by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Article 73 of the Public Contracts Directive and PCR 2015, SI 2015/102, reg 73 provide for the situations in which a public contract may be terminated. Strictly, breach of the contract by the contractor is not one of the situations in which the contract can be terminated but it follows from ordinary principles of contract law, which are for national law, that a breach of contract may allow the innocent party to repudiate and therefore terminate the contract In that situation,
Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so? In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms advertised can be negotiated with the preferred bidder and subsequently amended—and what might happen if this was to take place. We have also limited our research to procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. What happens if during the tender period one or more bidders asks for the contract terms to change? It is not uncommon, during the tender period, for a bidder to ask for a term in the draft contract to be amended. Where this happens the contracting authority must give careful consideration to whether the proposed amendment can be accepted or not. Reasons why an amendment might be required include a genuine mistake on the part of the contracting...
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Immigration analysis: The Immigration White Paper ‘Restoring control over the immigration system’ outlines proposals to dramatically reduce the use of the Skilled Worker visa, mainly by restricting it to the most highly-skilled occupations and by significantly increasing the cost of the route. When these proposals will be introduced ranges from ‘within weeks’ to ‘within this Parliament’, so sponsors and Skilled Workers will need to keep abreast of Home Office announcements. This News Analysis by Ben Maitland, senior associate at Vanessa Ganguin Immigration Law looks at the implications of the White Paper proposals and what sponsors and Skilled Workers might do to address them.
The Crown Commercial Service (CCS) has published its latest Public Procurement Review Service (PPRS) results, covering cases from January 2018 to April 2025, showing the issues raised and cases resolved under the Public Procurement Review Service.
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