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Expert Legal Advice from

myTenders and Eversheds have joined forces to offer expert legal advice to registered purchasers on myTenders. This free, added value service will address any procurement issues you may have and will protect you from potentially costly challenges. (please note: legal advice queries are restricted to a set level, examples of which are shown below)


How do I use the Service?


Go to the Create Advice Request page where the wizard format will guide you through the simple process of creating a request.

For full instructions on the service please access the User Guide

Requests will be answered within 5 working days.


Requests not covered by the Service


Any request falling outside the set level and that requires a more complex response, will be analysed by Eversheds who will contact you with a view to providing a written quotation.

myTenders


Typical examples of Requests covered by the Service

  • Is the Provision of Legal Service subject to the OJEU advertising rules?

  • Can you tell me what could potentially happen if a member state makes a complaint against a contract awarded by an organisation which did not follow the correct procedures?

  • I was wondering how to classify a contract when buildings are being renovated or upgraded. Would this be classed as a 'Works' or 'Services' contract and would it be a service that would require an OJ notice to be published? Also, where authorities are looking for tradesmen (e.g. plumbers, joiners, painters) would this be classified as 'Works' or 'Services' and how tightly would aggregation be applied?

  • Should the value of an advertising services contract be determined by including the value of the advertising space in the newspaper?

  • I'm trying to discover whether I need to follow the restricted procedure or the Negotiated procedure. Can you tell me the primary differences between them? Supplier innovation is likely to be an important differentiator between suppliers, so I intend to send RFPs (requests for proposals) to my shortlist of suppliers. Does that indicate that I should take one or other procedure?

  • A contracting authority wishes to negotiate with a contractor for an extension to a building that has just been completed and would like to retain the benefits of continuity, warranties and guarantees on materials etc. Is this a justified "technical" reason for negotiating?

  • If a contracting authority awards a contract for work under the OJEU limit (and therefore not published as a notice) and subsequently adds further works and value to the contract which takes the overall value above the OJEU limit, does this contravene OJEU regulations?

  • We have a number of projects that are considered works and not services or supplies. These are window replacements, roof repair/replacement and boiler and distribution pipework replacement in school. The total estimated cost of all of these does not exceed £3,000,000. Would these works be considered construction or services or supplies? I am getting conflicting advice, as windows are a like for like replacement and the cost of the supply of the materials is more than the installation, this is supply. It has always been considered works or construction. The same as roofs and heating etc.

How has Eversheds LLP become one of the UK's leading advisers on public sector law?



It's simple: we are thoroughly immersed in what our clients do. We have a genuine understanding of the issues they face; the pressures they're under and the environment in which they operate. Many of our lawyers come from a local government background and understand that good legal advice requires more than a knowledge of the law. We know what needs to be done to make things happen.


That's why you can thoroughly trust us when it comes to procurement issues. We have a national team of specialists who have both the legal knowledge and the practical experience that helps you to achieve your goals. Our advice covers the entire lifecycle of the procurement process, everything from selection and evaluation to the negotiation of contracts. We also provide training on compliance with public procurement legislation. Backed up by the resources of the UK's largest law firm, we can add genuine value to any organisation involved in procurement; large or small, public or private.


Users of myTenders should note that before responding to any query, Eversheds will need to check that this will not involve a conflict of interests relating to work being undertaken by Eversheds for any of its clients. If Eversheds does identify a conflict, it will not be able to answer the query to which the conflict relates.