Michael Winder
Michael is a commercial lawyer with particular expertise on the application of EU procurement law matters.
Michael forms part of Brabners LLP public procurement law team, providing expert advice on a wide range of contentious and non-contentious EU public procurement law matters to both contracting authorities (including local authorities and registered providers of social housing) and major utilities. In addition, Michael advises private sector companies on the bidding process for public contracts, how to engage with public bodies and how to challenge award decisions. Michael is the Brabners expert on drafting and advising on framework agreements.
Michael has previously worked in both the public and the private sector. Michael’s public sector experience includes time spent in-house at a large county council and time on secondment to a London borough council. Michael’s role in the public sector included the provision of legal advice on a number of high-profile projects and procurements as well as providing day to day commercial legal advice and support.
Prior to going in-house, Michael worked in private practice specialising in projects and procurement work, including providing legal advice on a number of Private Finance Initiative (PFI) and Public Private Partnership schemes.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 2006
Membership
- Member of the Procurement Lawyers Association
Qualification
- LLB (Hons) Exempting
2 Contributions by Michael Winder
PRECEDENTS
Contracting authority partner access clause—direct contracting with supplier, buyer authorisation, incorporation of terms, procurement compliance, reporting and rebate
Definitions
Partner(s) • refers to EITHER: [ the following: [ insert names of partners ] OR those [ insert type of group, eg councils or academies in a geographical area or a type of public body ], as described in the Find a Tender service (FTS) Notice. ] The expression Partner(s) shall be understood accordingly.
Partner Contract • denotes any arrangement, whatever its form, between the Supplier and the Partner(s) that stems from this Agreement.
1 Use of Agreement by Partner(s)
The Supplier accepts and agrees that the Buyer has entered into this Agreement for its own benefit and for the benefit of the Partner(s).
Beyond supplying the [ Goods OR Services OR Works ] to the Buyer under this Agreement, the Supplier shall also supply such [ Goods OR Services OR Works ] to any Partner that makes a request, PROVIDED THAT doing so shall not disrupt, compromise, or diminish the level of service the Supplier provides to the Buyer under this Agreement...
Public Law
PRECEDENTS
Lead authority clause for partner call-off of goods, services or works: instruction process, change control, pricing/admin fee, reporting, due diligence and limited termination rights under public procurement rules
Definition Partner
means [ the following: [ NAME RELEVANT PARTNERS ] OR those [ describe group of contracting authorities eg Councils or academies in a limited geographical area or a class or type of public body ] as stated in the Find a Tender (FTS) and/or Contracts Finder Notice; ] and Partner(s) shall be interpreted accordingly.
1 Use of Agreement by Partners
1.1 The Supplier acknowledges and agrees that the Buyer has entered into this Agreement for the benefit of itself and the Partners.
1.2 In addition to supplying the [ Goods OR Services OR Works ] to the Buyer under this Agreement, where:
1.2.1 the Supplier has been issued a written instruction by the Buyer to deliver [ Goods OR Services OR Works ] to the Partner(s) under this Agreement; and
1.2.2 the Supplier confirms to the Buyer that providing such [ Goods OR Services OR Works ] will not interfere with, compromise, or reduce the level of service the Supplier provides to the Buyer under this Agreement;
the Supplier shall supply such [ Goods OR Services OR Works ] to the Partner(s) in accordance with this clause 1...
Public Law
If you expected to see yourself on this page, click here.
