Workshop 3: Legal Barriers and Myth BustingSally Collier – Executive Director, Policy and Capability, Cabinet OfficeRoger Bickerstaff – Partner, Bird and Bird

9th March 2012

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The Top 10 – Myth or Poor Practice?

1. I can’t talk to you unless I talk to every SME and every other supplier because this demonstrates bias and is illegal.

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2. We procured this contract of this size last time and it worked so we’ll procure it again this time.3. I must assess your financial and technical capability because that is what the rules say.4. I must ensure you are financially viable by way of assessing how high your turnover is in relation to my contract value.

5. I should assess whether you are financially viable by asking for your three years’ of audited accounts.6. You can demonstrate whether you can fulfil my contract by telling me how many people you employ today.

7. I’ll make sure as early as possible that you have sufficient insurance coverage in place and that you can have a financial guarantee by a bank before I award you any actual work.

8. I’ll ask for three case studies of previous public sector work to make sure you can do it.9. I am letting a prime contract – it is for them to sort out their supply chain.

10. If I can just get this tender out before Easter/Xmas we’ll meet our deadline.