The document summarizes a workshop on legal barriers and myth busting related to procurement. It discusses ten common myths related to procurement practices, such as the idea that an organization must talk to all subject matter experts and suppliers to avoid bias, or that an organization can use the same procurement process as last time without consideration of current circumstances. The workshop aimed to dispel these myths and promote better procurement practices that comply with relevant rules and regulations.

1. Workshop 3: Legal Barriers and
Myth Busting
Sally Collier – Executive Director, Policy and Capability, Cabinet Office
Roger Bickerstaff – Partner, Bird and Bird
9th March 2012
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2. 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.
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.
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