Invitation to Tender in UK Law

Leading Cases
  • Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council
    • Court of Appeal (Civil Division)
    • 25 May 1990

    A tendering procedure of this kind is, in many respects, heavily weighted in favour of the invitor.

    I readily accept that contracts are not to be lightly implied. Having examined what the parties said and did, the court must be able to conclude with confidence both that the parties intended to create contractual relations and that the agreement was to the effect contended for. It must also, in most cases, be able to answer the question posed by Mustill LJ in The Kapetan Markos N.L. (NO.2) [1987] 2 Ll. 321 at 331: "What was the mechanism for offer and acceptance?" 321

  • R (Law Society) v Legal Services Commission
    • Court of Appeal (Civil Division)
    • 29 Nov 2007

    The Directive and the Regulations are concerned with the award of contracts by public authorities. Their objective is to open up public procurement to competition. To this end the award of contracts must comply with the principles of equal treatment, non-discrimination and transparency. Technical specifications must clearly set out the requirements of the authority so that tenderers will be aware of what they will be required to do under the contract for which they are tendering.

  • Jones v Ricoh UK Ltd
    • Chancery Division
    • 14 Jul 2010

    In 1998 CMP sent Ricoh an invitation to tender for the supply of devices to its clients. Mr Jones say that the main aim of the tender was to improve on the discount against the manufacturer's recommended retail price that Ricoh was prepared to offer to CMP's clients (which would of course benefit CMP through the 50% saving arrangement: para 3 above). The Trading Agreement was of unlimited duration, terminable by either party on 90 days' notice.

  • R (Law Society) v Legal Services Commission
    • Queen's Bench Division (Administrative Court)
    • 30 Sep 2010

    Taking the facts before us, it has similarities to a challenge by an individual firm employing experienced practitioners who are not panel members and who could not qualify in time. This is a public interest challenge concerned with the impact of this aspect of the procurement exercise on access to justice for those needing advice and representation in family law matters.

  • Letting International Ltd v Newham LBC
    • Court of Appeal (Civil Division)
    • 21 Dec 2007

    In my view the latter submission is difficult to sustain. The opening part of paragraph 8.0.1 of the Invitation to Tender described what was required in each of the five method statements and was followed by the passage to which I have already referred which invited tenderers to go beyond the minimum requirement in ensuring that they gave a full explanation of how the performance specification was to be fully met.

    What seems to have been treated by the council as “predetermined criteria” was the breakdown of the criteria and compliance with specification into an assessment of the five method statements, each of which was given a different percentage mark, not (as might otherwise have been expected) equal marks. In my judgment these conflicting arguments give rise to another serious issue to be tried.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... by regulation 27(5) to fix a time limit for the receipt of tenders that is shorter than the minimum specified in regulation 27(2);(b) a ... "candidate" means an economic operator that has sought an invitation or has been invited to take part in a restricted procedure, a competitive ......
  • Railways Act 1993
    • UK Non-devolved
    • January 01, 1993
    ......whenever the Franchising Director proposes to issue invitations. to tender under section 26 below in respect of any particular. services ......
  • The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015
    • England & Wales
    • January 01, 2015
    ....... Saving and transitional provisions . 2. -(1) Where the Authority has given notice in respect of the invitation to tender stage for a particular qualifying project in accordance with regulation 17(1) of the 2013 Regulations before these Regulations come into ......
  • The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ......S-2 . Transitional provisions Transitional provisions . 2. —(1) Where the Authority has given notice in respect of the invitation to tender stage for a particular qualifying project in accordance with regulation 15(1) of the 2010 Regulations at the date upon which these ......
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Books & Journal Articles
  • Buying Packaged Software? – Caveat Emptor!
    • Nbr. 90-2, February 1990
    • Industrial Management & Data Systems
    • 11-13
    A guide to assist people along the path of software package selection, helping them avoid the pitfalls (including over‐enthusiastic salesmen) is presented. Guidelines to follow are: make sure that ...
    ...... detailed requirements to be incorpor-ated into the subsequent Invitation to Tender (ITT); (3) to provide the benchmark against which to evaluate ......
  • FDs lose enthusiasm for euro-compliance matters.
    • Nbr. 2003, May 2003
    • Financial Management (UK)
    • IT News Round-Up - Finance directors - Brief Article
    ......"It's a box that's ticked on the invitation to tender, but firms aren't upgrading their systems to be euro-compliant." ......
  • An appraisal of the use of social criteria in public procurement in Nigeria
    • Nbr. 13-03, March 2013
    • Journal of Public Procurement
    • 364-397
    Socially responsible procurement is increasingly attracting public attention, but little is known about the use of social requirements in public procurement process in developing countries. This st...
    ...... is limited, because the findings are based on analysis of tender documents and a small- sized convenience sample of public procurement ... Invitation For Pre-Qualification/Expression Of Interest For The Procurement Of ......
  • Accountability in Civil Service recruitment
    • Nbr. 13-3, July 1998
    • Public Policy and Administration
    ......It is understood that they are normally appointed following invitation to tender. One wonders how the invitation to tender procedure works in ......
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Law Firm Commentaries
  • Procurement challenge to rail franchise tender process fails
    • JD Supra United Kingdom
    This is a rare example of a judicial review challenge to the way in which a public body decided to set out minimum specifications in an invitation to tender. In R (on the application of London Boro...
    .... This is a rare example of a judicial review challenge to the way in which a public body decided to set out minimum specifications in an invitation to tender. In R (on the application of London Borough of Enfield) v Secretary of State for Transport [2016] EWCA Civ 480 the Court of Appeal ......
  • CMA invites comments on intention to tender for international research in retail banking market investigation
    • LexBlog United Kingdom
    The Competition and Markets Authority (CMA) has published an invitation to comment on its intention to engage a firm to conduct international research as part of the retail banking market investiga...
    ...The Competition and Markets Authority (CMA) has published an invitation to comment on its intention to engage a firm to conduct international research as part of the retail banking market investigation. This research is ......
  • Public Procurement - Beware The Limits
    • Mondaq United Kingdom
    ...... significant illness or detention of relevant members of the tendering team.". The judge also made it clear that if an invitation to tender ......
  • EU Procurement For Housing Corporation Grant Funded Developments: Private Developers v RSLs
    • Mondaq United Kingdom
    ...... of the European Union (OJEU) and must follow one of the four tender processes in the procurement regulations (open, restricted, negotiated, ...Following pre-qualification an invitation to tender is issued to the short listed tenderers. Finally the contract is ......
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