As publicly funded bodies, academy trusts and governing bodies of maintained schools need to comply with the provisions of the Public Contracts Regulations 2015. The aim of the Regulations is to ensure that public funds are applied in accordance with principles of fairness and transparency. Educational institutions must, therefore, devise a well-planned process for the procurement of goods, works and services.
Schools need to be aware of the Regulations not just because they may be purchasing goods or services but because they may also be supplying goods or services to a contracting authority. This applies to teaching schools and trading subsidiaries of a school.
While procurement policies inevitably help schools to get value for money they also mitigate against expensive litigation procedures. Schools must adhere to EU procurement law, at least until 29th March 2019.
As a leading education law firm we provide legal support for schools who are looking to source significant contracts. We advise on:
- Contract reviews and negotiations
- The application of the Procurement Regulations into a viable procurement strategy
- Drafting and/or instructing on tendering documents
- Developing and implementing a scoring matrix to effectively review procurement bids
- Contract termination and issuing reasonable notice periods
- How to deal with pre-defined exclusions (e.g. contracts for arbitration or conciliation services, employment contracts and contracts for the acquisition of and rights over a piece of land)