When a public sector body proposes to enter into a supply contract, a works contract or a services contract, it is likely that the award of that contract will be caught by the principles of UK and/or EU procurement law.
Where contracts meet the relevant financial thresholds, they are now caught by the provisions of the Public Contracts Regulations 2015 (the “Regulations”). As a consequence, it is crucial for a public sector body to comply with the terms of the Regulations when tendering for a new contract. A failure to do so may have serious implications for the public body and, amongst other things, may cause the tender to be re-run, the contract award to be declared ineffective and/or damages to be awarded against the public body.
In light of the Regulations, it is important that both public bodies and those tendering for public contracts are aware of the obligations and the relevant procedures and remedies should a dispute arise.
Hewitsons has substantial experience of advising on the legal aspects of all stages of a procurement process, including in relation to:
- The preparation of contract advertisements and notices for publication in the Official Journal of the European Union
- Advising on tender strategy
- Tender documentation and approaches to evaluation and scoring
- The drafting of contract notices
- Challenging contract awards and advising public bodies faced with a challenge
Please contact our public procurement experts to discuss how we can assist you with your procurement needs.