This chapter describes ‘traditional tendering’. In traditional tendering, an employer can negotiate or tender in any way that the employer chooses provided it is within the law. The law gives few restrictions on tendering options and processes provided there is no fraud or misrepresentation. However, a very different situation exists where an employer is subject to the Public Contract Regulations or the Utilities Contracts Regulations (called ‘the regulations’ from now on). These regulations set out in great detail rules and procedures which apply to tendering and contractor selection for many employers, and which must be followed. Because they are so important, the regulations are described in detail in Chapter 11, the EU Procurement Directives. Employers who are subject to the regulations and break the regulations can be subject to massive fines.
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- Chapter 5