Tendering: Practical Considerations

July 19, 2017


For some, tendering can be a formidable task. With so many issues and documents to take into consideration the process can seem overwhelming.

There are many other legal issues to take into account when tendering and also entering into contracts following a successful tender. We have set out below some of the key considerations.

Resources – One of the first points to consider is whether you have sufficient dedicated resources to effectively roll out the tender, and on time. Failure to comply with time limits may inadvertently lead to early sanctions or, in the worst case, termination.

Main Contract considerations – Main Contract considerations include clearly defining the scope of the work/services that are to be provided. The scope of work/services should clearly define the timeline and deadlines that are expected as well as specific and clear KPIs. It is important that you are clear about the main contractual obligations that you are subject to.

Intellectual Property Rights – One aspect of the contractual considerations that can often be overlooked relates to Intellectual Property Rights (IPR). It is important to ensure your own IPR is protected and that you have the right to use any necessary third party IPR.

Appointment of Subcontractors

Appointing sub-contractors can sometimes result in problems if the contractual arrangements with them are not implemented correctly and comprehensively. If possible, your arrangements with sub-contractors should be largely in place at the time of tendering.

Also, when appointing sub-contractors, carefully drafted contracts are key to ensuring that the legal position between you, the client and the sub-contractor is clear. It is usual for the relevant main contract provisions to be “back-to-backed” with the sub-contractor. This is to ensure that you can pass onto the subcontractor any liability that you may have to the main contractor as a result of the sub-contractor’s action or inaction.

For comprehensive advice on the legal issues relating to tendering and procurement, please contact Steve Thompson or Siobhan Williams.

Contact Our Team
Catherine Burke
View Profile
Damian Phillips
View Profile
Fflur Jones
Managing Partner
View Profile
Gareth Wedge
View Profile
Mark Rostron
View Profile
Nick O’Sullivan
View Profile
Owen John
View Profile
Rhodri Lewis
View Profile
Stephen Thompson
View Profile

I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”

Becs Beslee
Dice FM Ltd

Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”

Rebecca Cooper
ACT Training

We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”

Karen Gale
Stepping Stones Group

An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”

Gwawr Booth
Portal Training Ltd

PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”

Ledia Shabani
Property Support Services UK Ltd

We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”

Guto Bebb
Farmers’ Union of Wales

Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”

Iwan Hywel
Mentrau Iaith Cymru

My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”

Margot Adams
Guarding UK Ltd