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Leading procurement advisers

The Procurement Portal is brought to you by Mills & Reeve, who are top ranked procurement law advisers in the Legal 500 guide to the legal profession, which comments on our team:

"Ron Plascow 'gives pragmatic, clear advice and does not sit on the fence'. Kevin Calder and Alasdair Poore are 'personable, commercially aware and have incredible depth of knowledge'."

Chambers UK describes Ruth Smith as "one of the foremost procurement lawyers in the country" and has commended her "high level of commerciality and ability to explain complex issues in a straightforward manner".

Procurement internet resources

We have set out below links to useful internet resources relating to procurement law. Please note that we are not responsible for the content of external sites. We welcome suggestions of additional sites to add to the list.

Procurement legislation

> The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

These regulations come into force on 18 April 2016 and make amendments to several pieces of legislation, including the Public Contracts Regulations 2015 (see below).

> Public Contracts Regulations 2015

These Regulations came into force on 26 February 2015 (bar a few exceptions) and implement in the UK the new Directive on Public Procurement (see below). From 18 April 2016 these regulations were amended by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (see above) - the link immediately above is to the latest (consolidated) version which includes the amendments.

> Utilities Contracts Regulations 2016

These Regulations replace the Utilities Contracts Regulations 2006 and are in force from 18 April 2016 in relation to procurements commenced on or after that date.

> Concession Contracts Regulations 2016

These Regulations are in force from 18 April 2016 in relation to procurements commenced on or after that date.

> New Directives on Public Procurement, Utilities Procurement and Concession Contracts

Links to these three Directives, implemented by the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016 (see above).

> Directive 2004/18/EC 

The "old" procurement Directive, also known as the Classic Directive (replaced from 17 April 2014 by the new Directive 2014/24/EU on Public Procurement, see above for link)

> The Public Contracts Regulations 2006 

The legislation implementing Directive 2004/18 in England and Wales (replaced on 26 February 2015 by The Public Contracts Regulations 2015; see above). Procurements "commenced" prior to 26 February 2015 will still be regulated by the Public Contracts Regulations 2006.

> Directive 2004/17/EC

The "old" Utilities Directive, governing procurement in the utilities sector (replaced from 17 April 2014 by the new Directive 2014/25/EU on utilities procurement, see above for link)

> The Utilities Regulations 2006

The legislation implementing the "old" Utilities Directive in England and Wales (to be replaced by the Utilities Contracts Regulations  2016 from 18 April 2016)

> Directive 2007/66/EC, Directive 89/665/EEC and Directive 92/13/EEC

The Remedies Directive (which amended Directive 89/665/EEC (public contracts) and Directive 92/13/EEC (utilities procurement)

> The Public Contracts (Amendment) Regulations 2009 

The legislation implementing the Remedies Directive in relation to public contracts

> The Utilities Contracts (Amendment) Regulations 2009

The legislation implementing the Remedies Directive in relation to utilities contracts

> The Public Procurement (Miscellaneous Amendments) Regulations 2011

The legislation introducing new time limits for procurement challenges, following the Uniplex case

> The National Health Service (Procurement, Patient Choice and Competition) Regulations 2013

The legislation introducing the obligation for NHS bodies to consider opening contracts for clinical health services to competition. Implements the duties set out in the Health and Social Care Act 2012.

Guidance

> Cabinet Office Guidance on the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016

This is the anchor page where the Cabinet Office is posting all its guidance and resources on these three sets of regulations 

> Cabinet Office Public Procurement Policy Notes

The Cabinet Office's guidance on public procurement policy

> OGC guidance on the public procurement regime (via National Archives)

Includes guidance on the Remedies Directive, Framework Agreements and the Competitive Dialogue Procedure

> OGC procurement policy and standards framework

OGC's guidance on procurement (via National Archives)

> OGC model ICT contracts

OGC model contract documents (via National Archives)

> Procurement thresholds

EU procurement thresholds (from 1 January 2016)

OJEU notice tools

> SIMAP

EU tool including official forms and online OJEU notice submission

> Tenders Electronic Daily (TED)

The official online version of the OJEU

> CPV code search tool 

Provided by BIP Solutions

> Tenders Direct

Provides search facility for OJEU notices

> Contracts Finder

The Contracts Finder portal for advertising tendering opportunities and publishing tender documentation and contracts (in accordance with Part 4 of the Public Contracts Regulations 2015)

Model contracts

Crown Commercial Service

CCS Model Services Contract

This Model Services Contract is intended to replace earlier model contracts issued by the (now defunct) Office of Government Commerce.

NHS

> Model terms for purchase of goods and services 

Available from the Department of Health together with guidance notes. The former NHS Purchasing and Supply Agency standard NHS terms (e.g. MSCON, SYSCON, SIMCON, FMCON) are no longer maintained and are not available online.

> NHS Standard Contract for Clinical Services

Available from the Department of Health.

ICT

> OGC ICT model agreement 

Note that this is no longer maintained but continues to be available online through National Archives

Procurement organisations

> Procurement Lawyers' Association 

UK based association which discusses the law underpinning procurement, prepares papers on current issues and provides input to government consultations

> Procurement Law Academic Network

A global network of academics interested in procurement

> Chartered Institute of Purchasing and Supply

Promotes good procurement practice and offers training courses

> NHS Supply Chain

Provides procurement and supply chain services to NHS bodies

Contact Us

The Procurement Portal aims to provide a "one stop shop" for procurement law queries and advice.

Click here to email our team with your query.

Managing and mitigating procurement risk course

This updated course is great for anyone who wants to make informed judgments around procurement risk and be able to handle potentially contentious issues with confidence.

You can access our updated course here.

Procurement FAQs

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