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3 January 2019 | Comment | Article by Emily Powell

Housing association public procurement case study

We acted for a housing association on a number of procurement and commercial contract matters arising in relation to their asset management and home and care businesses.

This involved advice on:

  • Pre procurement issues in relation to the procurement of a new IT system and advising on existing maintenance contracts in relation to their extension and termination. The form of contract is the PPC TPC.
  • A procurement process for insurance services including advertising via the Sell2Wales procurement portal, drafting pre-qualification questionnaires, the invitations to tender and the contract documents.
  • An OJEU procurement for the award of a contract for responsive maintenance. We provided an end to end service for this procurement, advising on all aspects of the procurement. This included drafting the contract notice, selection questionnaire, invitation to tender and contract, uploading documents to Sell2Wales, responding to clarification questions, supporting the evaluation process, drafting award letters and the contract award notice and preparing an engrossment of the contract for final signature.
  • The establishment of a dynamic purchasing system (DPS) for ad hoc and reactive works contract. The use of DPSs is growing, particularly amongst RSLs and we are able to advise on their implementation from end to end.

This procurement was the first time the housing association had established a dynamic purchasing system. We provided initial advice on the possible procurement options (dynamic purchasing system, framework, ad hoc procurements) which led to them deciding to establish a dynamic purchasing system for over 17 lots.

Author bio

Emily is a partner in the Corporate and Commercial team. Emily specialises in commercial law, public procurement and subsidy control. Emily has advised housing associations on their procurement processes and can provide a complete legal service for all procurement and project requirements. Emily also hosts a forum for ‘heads of’ procurement working within the social housing sector.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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