Procurement

We have seen a noticeable rise in procurement related queries since the implementation of the Consolidated Public Procurement Directive 24/18/EC into UK law on 31st January 2006 by Statutory Instrument 2006 No. 5, entitled the Public Contracts Regulations 2006.

Whilst the legislation has been helpful to clarify what is expected of local authorities, registered social landlords, and public bodies when seeking to enter into contracts with economic operators, questions continue to be asked about the application of the Regulations and about the impact of guidance and case law that is issued from time to time by the European Commission.

We have advised clients, both public sector and private sector, on a range of issues affected by the Procurement Regulations, including:

• Best practice and strategy when procuring contracts;
  
• What bidders should expect;
  
• The extent to which the Regulations impact on land and development transactions;
  
• The establishment of joint ventures, strategic partnerships and national framework arrangements;
  
• Outsourcing to organisations who are either themselves contracting authorities or whose activities are controlled in some way by the state;
  
• Whether an organisation is a contracting authority or not for the purposes of the Regulations;
  
• The impact of the Regulations and the EC Directive on contracts which are either excluded or partially excluded from the legislation;
  
• The impact of the Regulations on modern procurement methods, such as e-tendering;
  
• Which legislated procurement route is appropriate, and
  
• Enforcement of the Regulations.