Local government contracts and procurement

목차 (Table of Contents)

• CONTENTS
• Preface = ⅴ
• Abbreviations and acronyms = xiii
• Table of statutes = xv
• Table of statutory instruments = xix
• Table of cases = xxiii
• PART Ⅰ PRINCIPLES OF PROCUREMENT
• 1 Preparing for procurement
• External and internal consultation = 1.08
• Preparation for transfer of employees = 1.19
• Transfer of land／property = 1.20
• Transfer of assets (including ICT) = 1.21
• The procurement process = 1.23
• Conclusion = 1.26
• 2 Why do we have public procurement rules?
• Introduction = 2.01
• The legislative framework = 2.09
• 3 UK procurement regulations
• Who is a contracting authority? = 3.02
• Thresholds = 3.17
• What is a works contract? = 3.36
• What is a public supplies contract? = 3.48
• What is a public services contract? = 3.56
• Which procurement route to use = 3.70
• Framework agreements = 3.156
• Compliance and remedies for breach = 3.179
• Breach of procurement rules - 'other consequences' = 3.204
• The future of the public procurement directives = 3.213
• 4 Procurement methodologies
• The Egan report and partnering = 4.01
• The Byatt report = 4.23
• Electronic public procurement = 4.29
• PART Ⅱ CONTRACTS : CONTENTS AND PRINCIPLES
• 5 Contracts : contents and principles
• Powers to contract, unlawful delegation, unlawful fetters, estoppel = 5.01
• Contractual liability = 5.23
• Contractual interpretation = 5.64
• Performance and breach = 5.119
• Termination = 5.150
• Contracts(Rights of Third Parties) Act 1999 = 5.168
• Remedies = 5.177
• Estoppel = 5.193
• Misrepresentation = 5.195
• 6 Drafting techniques
• Drafting skills = 6.01
• What is the contract for and what stage has been reached? = 6.05
• Checking the basics = 6.08
• Document control = 6.12
• Legal powers = 6.13
• Starting from scratch or clean sheet drafting = 6.14
• Setting out the framework = 6.15
• Use of precedents = 6.18
• Suppliers terms and conditions = 6.26
• Accuracy in drafting : English grammar = 6.27
• Punctuation = 6.32
• Types of conditions = 6.34
• Drafting specific conditions = 6.36
• Appropriate conditions = 6.38
• Referring to contract documents in drafting = 6.41
• Definitions = 6.42
• Variations to the contract = 6.45
• Best value = 6.47
• Payment provisions = 6.48
• Dispute resolution = 6.50
• Termination provisions = 6.52
• Contract execution provisions = 6.56
• 7 Managing contracts
• Introduction = 7.01
• The basis for managing the contract = 7.06
• Managing performance = 7.11
• Managing risk = 7.48
• Financial management = 7.54
• Conclusion = 7.102
• Appendices = 7.103
• 8 Intellectual property rights
• Background and types of intellectual property = 8.01
• Ownership and use of intellectual property = 8.43
• Ancillary issues = 8.72
• 9 Dispute resolution
• Introduction = 9.01
• Court proceedings = 9.04
• Arbitration = 9.16
• Expert determination = 9.27
• Adjudication = 9.41
• Alternative dispute resolution = 9.45
• PART Ⅲ : SPECIAL FEATURES RELEVANT TO LOCAL GOVERNMENT PROCUREMENT
• 10 Statutory powers of local authorities and ultra vires
• Introduction = 10.01
• The legal capacity of local authorities - the 'ultra vires' rule = 10.02
• Statutory powers and functions relevant to local authority contracts = 10.74
• 11 Statutory best value duty
• Introduction = 11.01
• Background to the Local Government Act = 11.16
• Operative elements of best value = 11.22
• Contracting to secure best value = 11.79
• 12 Partnership arrangements including joint ventures and joint venture companies
• Contractual partnership arrangements and joint ventures = 12.02
• The use of joint venture vehicles(eg companies) = 12.05
• 13 The Private Finance Initiative
• What triggered the creation of the Private Finance Initiative? = 13.05
• What are the implications of the PFI? = 13.10
• A three stage process = 13.16
• Allocation of risks = 13.64
• Changes in works or services = 13.70
• Changes in law = 13.72
• Termination provisions = 13.76
• 14 Trading and profit
• Introduction = 14.01
• Local authority trading powers = 14.07
• Yorkshire purchasing case : cross boundary tendering and spare capacity = 14.18
• Local Government Act 2000 and other statutory provisions relating to trading = 14.22
• Direct service Organisations and the provision of services to outsourcing contractors = 14.29
• Conclusion = 14.33
• 15 Affected staff, TUPE and pensions
• Where do the regulations apply? = 15.04
• Who transfers under the regulations = 15.22
• Employees right to object to the transfer = 15.41
• Which rights transfer with the employees? = 15.45
• Pensions and TUPE = 15.52
• The provision of information and consultation under TUPE = 15.59
• Dismissal = 15.70
• Post-transfer variations to terms and conditions = 15.75
• Practical considerations when drafting the project agreement = 15.78
• Reforms = 15.92
• 16 Non-commercial considerations and workforce matters
• 'Non commercial considerations' and domestic legislation = 16.02
• European case law = 16.19
• European Commission interpretive communications = 16.24
• Social provisions applicable to public procurement = 16.69
• Conclusion = 16.71
• 17 Procurement in the context of a community strategy
• Introduction = 17.01
• The Government agenda = 17.10
• The Community Strategy = 17.11
• Local Strategic Partnerships = 17.27
• The Neighbourhood Renewal Fund = 17.33
• Local Public Service Agreements = 17.38
• The impact of new political governance arrangements = 17.60
• PART Ⅳ CASE STUDIES
• 18 Case study : construction
• Background and context = 18.01
• Description of the parties involved = 18.05
• Objectives of the contract = 18.10
• Legal and commercial issues = 18.16
• 19 Case study : education partnerships
• Background and context = 19.01
• Description of the parties involved = 19.14
• Objectives of the contract in the short-term = 19.18
• Legal and commercial issues = 19.22
• 20 Case study : e-government
• Background and context = 20.01
• Customer relationship management(CRM) systems = 20.09
• Commercial considerations = 20.19
• Legal considerations = 20.31
• Managing risk to ensure a successful project = 20.51
• Standardisation of contracts = 20.55
• 21 Case study : district energy
• Background and context = 21.01
• The contractual relationships = 21.09
• Legal and commercial issues = 21.18
• Contract clauses = 21.36
• 22 Case study : housing
• Background and context = 22.01
• Description of the parties involved = 22.07
• Objectives of the housing contract = 22.11
• Disposal of surplus housing land = 22.13
• Transfer of housing management = 22.21
• Specimen clauses = 22.37
• 23 Case study : leisure trusts
• Background and context = 23.01
• What is a leisure trust? = 23.05
• The advantages and disadvantages of leisure trusts = 23.10
• Corporate structures available = 23.17
• Relationship of parties involved = 23.21
• Contractual relationships = 23.27
• Commercial contract issues = 23.40
• The future = 23.73
• 24 Case study : library
• Background and context = 24.01
• Description of the parties involved = 24.08
• Objectives of the contract = 24.11
• Legal and commercial issues = 24.15
• Standardisation of contracts = 24.26
• 25 Case study : property outsourcing
• Background and context = 25.01
• Description of the parties involved = 25.14
• Material issues = 25.29
• Virtual assignment for use in England and Wales = 25.36
• 26 Case study : social services and health
• Background = 26.01
• Policy context = 26.30
• Description of parties involved = 26.36
• Contractual relationship = 26.38
• Objectives = 26.39
• Legal and commercial issues = 26.43
• Conclusion = 26.70
• 27 Case study : transport
• Bus quality partnership schemes and bus quality contract schemes = 27.01
• Bus quality partnership schemes = 27.13
• Bus quality contract schemes = 27.32
• APPENDICES
• Appendix 1 Statutes
• Local Government and Housing Act 1989, Pt V = App.01
• Local Government(Contracts) Act 1997 = App.08
• Local Government Act 2000, ss 1-2, 9 = App.20
• Appendix 2 Statutory Instruments
• Public Works Contracts Regulations 1991, SI 1991／2680 = App.23
• Public Services Contracts Regulations 1993, SI 1993／3228 = App.63
• Public Supply Contracts Regulations 1995, SI 1995／201 = App.121
• Local Authorities(Companies) Order 1995, SI 1995／849 = App.145
• Local Authorities(Contracts) Regulations 1997, SI 1997／2862 = App.164
• Index