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A method of obtaining materials or craftsmen for projects and building work.
Procurement is the general term used for obtaining prices and reaching a point at which a contract can be placed. This can be either for services or goods. Public Procurement is the process put in place in accordance with EU guidelines for fair and non-collusive tendering processes used by public bodies and others regulated by the law in this area.
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Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...
Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
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Procurement process—flowchart—worked example This Procurement process flowchart shows the order in which a procurement may take place, together with the elements to be considered to ensure that a transparent and suitable procurement process is followed. It also identifies Precedents available to assist you with the procurement process. This Flowchart is a worked example and is not intended to be definitive. Different organisations may well have very different processes, but it provides a good starting or reference point. The contract value figures have been included for illustrative purposes only. This Flowchart should be read in conjunction with Practice Note: Procurement risk management guide which identifies five key risk management priorities for in-house lawyers supporting the procurement process. See also Precedent: Procurement policy—internal. Note 1 When deciding whether or not you can use a supplier who has previously supplied goods/services to another part of the organisation you should consider: • satisfaction with the supplier • uniformity or standardisation requirements • price efficiency/economies of scale • desirability of reducing reliance on one...
Is traditional procurement the appropriate
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FORTHCOMING CHANGE: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) come into force. Procurements begun on or after that date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.PCR 2015 as assimilated lawPCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.The public procurement regimeThe domestic public procurement regime rests on a series of sets of regulations, which originally implemented a series of EU public procurement directives in England, Wales and Northern Ireland, as follows:•the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 address contracts awarded by...
The regulation of advanced therapy medicinal products The development of medicine, biomicrobiology and biotechnology has led to the emergence of a cutting-edge category of medicinal products that use gene therapy, somatic cell therapy and engineered tissues for preventing, treating or even curing human diseases. The novelty, complexity and diversity of such products has demanded new regulatory tools, both in terms of legislation and regulatory guidance, to allow an appropriate balancing of the risks and the benefits for the patients. EU and UK legislature regulates this category of products as ‘advanced therapy medicinal products (ATMPs)’ in order to ensure the highest level of protection of public health and to take into account their specific challenges, in particular with regard to clinical trials, manufacturing and pharmacovigilance. However, the regulation of genetically modified organisms (GMOs) which are used as starting materials for ATMPs remains national and therefore differs from one Member State to another. Such differences have led to a complex regulatory landscape for ATMPs. The regulation of tissues and cells...
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Impromptu contract audit meeting questions 1 Goods/services What types of goods and services are procured in your area/department? Where can I get a list? 2 Contracting process What contracting process is used? Where can I get a contracting process workflow diagram? 3 Roles and responsibilities Who does what in your area/department in the contract lifecycle process? Where can I get a roles and responsibilities workflow diagram? 4 Use of processes Does your area/department use the procurement team/organisational procurement process to carry out or support its procurements? If not, why? 5 Precedents Does your area/department use its own contract
Green supplier agreement terms clause (The Chancery Lane Project) Additional definitions Carbon Footprint Standards • means, for Organisational Carbon Footprints and Supply Chain Carbon Footprints, the [eg GHG Protocol Corporate Accounting and Reporting Standard, GHG Protocol Corporate Value Chain (Scope 3) Accounting and Reporting Standard, ISO 14064] and for Product Carbon Footprints, the [eg GHG Protocol Product Life Cycle Accounting and Reporting Standard, ISO 14064]; GHG Emissions • means [the parties’] emissions of the GHGs from all sources [related to the Agreement] categorised as Scope 1, 2 and 3 Emissions by The Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard, Revised Edition 2015 as updated from time to time; GHG Report • means a report prepared by the Supplier in accordance with the requirements set out in clause 4; Greenhouse Gases (GHGs) • means the natural and anthropogenic gases which trap thermal radiation in the Earth’s atmosphere as specified in Annex A to the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC)[ or otherwise...
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Do you have a straight forward contract for building works between a contractor and home owner? We do not have a precedent contract in Lexis®PSL Construction that would suit these purposes. We suggest that an appropriate form of contract to use in these circumstances would be either: • JCT Building Contract and Consultancy Agreement for a Home Owner/Occupier,
Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up? Framework agreements can be set up in a variety of ways under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). However, PCR 2015, SI 2015/102, reg 33(6) states: ‘Contracts based on a framework agreement may under no circumstances entail substantial modifications to the terms laid down in that framework agreement’ The latitude afforded to the contracting authorities will be set out in the relevant framework agreement itself. Some will allow mini-competitions and variations of certain terms in certain circumstances, some will not. Individual assessment and advice on each framework agreement should be considered. It is possible for a framework agreement to be set up in such a way that there is flexibility in relation to both the way a mini-competition can...
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The Cabinet Office has reissued several Procurement Policy Notes (PPNs) ahead of the Procurement Act 2023 (PA 2023) ‘go-live’. These PPNs update the guidance on a range of topics to reflect PA 2023 and associated regulations. Topics covered include the Public Services (Social Value) Act 2012, open book contract management, reservation of below-threshold contracts, carbon reduction plans, contracts with Russia and Belarus, the Armed Forces Covenant, modern slavery, steel procurement, the Commercial Playbooks, the Security Classification Policy, standard contracts, the Cyber Essentials scheme and AI use. These PPNs are said to not constitute a change in policy or a new call for action, and in-scope organisations do not need to repeat actions which were required when the PPNs were originally published, but they should take note of the PPNs and continue to apply any ongoing obligations in them from 24 February 2025. Contracting authorities are reminded that PA 2023 does not apply to procurements commenced, or contracts awarded, before 24 February 2025. In each case, in-scope organisations are directed to...
Public Law analysis: This case involved a ‘late’ application for permission to re-amend an Amended Defence. The court refused permission for re-amendments that raised largely historic issues and of no direct relevance to the defendants' case. However, the court permitted re-amendments that had a real prospect of success provided that the defendants re-phrased them as a concise summary of the particular allegation. The court also clarified that proposed re-amendments comprising broad references to documents are not appropriate for concise particulars. While the court confirmed the application was late, it did not consider it a very late application (ie one that prejudiced the trial listing) as concise re-amendments of the particulars would not threaten the existing trial dates with appropriate case management. Written by Lauren Hamilton (partner) and Francesca Puig (associate) at Addleshaw Goddard LLP.
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