Public Procurement

A practice note outlining the implications of the best value regime for employment law.

Public procurement is the purchase of goods or services by public bodies. This Practice note considers the European Union obligations imposed on purchasing authorities to award contracts on an open, competitive and non-discriminatory basis. The options available to a supplier of goods or services where a purchaser does not comply with EU procurement rules are also explored.

This practice note considers the mandatory and discretionary exclusion of contractors from competing for public contracts if they have been convicted of bribery or corruption.  The note focuses on: Regulation 23 of the Public Contracts Regulations 2006 (SI 2006/5). The coming into force of the Bribery Act 2010. The potential impact of a conviction under section 7 of the Bribery Act 2010.

A practice note on setting up and using framework agreements in compliance with the procurement regime.

A Practice note outlining the various model contracts published by the Office of Government Commerce, including where they can be accessed and when to use them. Note: in 2010 the OGC was transferred from HM Treasury to the Efficiency and Reform Group within the Cabinet Office where it was confirmed that it ceased to exist as a separate entity in 2012. However, the agreements referred to in this note have not yet been superseded and are still available for use (although they are no longer updated by the government).

A practice note considering the key areas that will need to be considered when the OGC Model ICT Service Agreement is used for a project involving open source software.

This Practice note covers the issues that arise when contracting authorities procure contracts that are not subject to the full procurement regime. For an overview of the whole of the procurement regime, see Practice note, Public procurement in the UK.

This case tracker provides information on and links to all legal updates published by PLC on public procurement decisions by UK Courts, the Court of Justice of the European Union or the European Ombudsman.  The legal updates are organised in tables according to the aspect of public procurement law they relate to.  Tables covering cases on specific areas of public procurement law are included under the following general headings: Procedural issues. Evaluation. Contracts not fully covered by the public procurement regime. Direct award and material changes to contracts. Remedies. Court proceedings. Public law challenges. Transposition.

This note covers the procurement (including outsourcing) of telecommunications and information goods and services by the public sector. The note explains the practical and policy boundaries and regulatory regime for these procurements, examines the use of framework agreements by the public sector, analyses the standard contract documentation developed for the public sector by the Office of Government Commerce and others, and addresses the key contentious issues which arise when the public sector engages with the private sector. NOTE: this practice note is in the process of being rewritten by Richard Bonnar and PLC Public Sector and a revised version will be published during the course of 2013.

A practice note linking to the individual trackers on the proposals relating to modernisation of the EU's public procurement rules.

A practice note charting developments relating to the proposal for a Directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors (Utilities Directive reform).

This practice note provides an overview of the retention of employment model (RoE) looking specifically at the use of RoE in relation to transfers of services from the public sector to the private sector.