Public Contracts
Feb 6, 2008
Author: Iwan Emanuel

For large value contracts under EU law, the contracts must be advertised throughout the 27 EU member states and the “public procurement rules” complied with.

Iwan Emanuel says:
“There are new thresholds applicable from 1 January 2008 in this area. If a contract is over these thresholds in terms of its value then it will be caught by the rules. We can advise on how this is calculated. If the rules are not followed, it is possible to obtain a court injunction to hold up the tendering process and/or recover damages.

We advise regularly on tenders, and tender situations, in the public and private sector. It is wise for businesses to ensure they make it clear which contract terms will apply if they win the tender and also it is sensible to place a copyright and confidentiality notice on the document sent in response to the tender, to seek to ensure the information is not misused by the buyer. Responses to a tender are normally subject to contract and not a binding agreement but, again, it is sensible to make this clear in the response.

Finally, those dealing with the public sector and who are worried that information they supply might be supplied to competitors who make regular requests for information of public bodies under the Freedom of Information Act, should consider including provisions dealing with this issue in the contracts concerned, including an obligation that before supplying information on such a request the public sector client will first notify the company concerned. If you have any questions or need legal advice about tendering and contract issues call Iwan on 01494 521301.