Clarifications in public procurement, when can/must we clarify?

The fifth webinar in our Procuring 360° webinar series, is part of our package of practical solutions to help you comply with the new public procurement regime.

This webinar will address some of the most common challenges facing contracting authorities when considering whether or not to seek clarification of tenders which contain ambiguities, errors or omissions.

The question of whether a contracting authority should, and the extent to which it is permitted to, seek clarification of a tender requires careful attention. The appropriate course of action will often be highly fact-specific – it is likely to involve a delicate balance between the rights of the individual bidder on the one hand and the requirement for equal treatment of all participants in the procurement on the other.

In this webinar we will talk through some key case law examples which deal with common clarification scenarios and the lessons to take away for best practice. We will pay particular attention to the recent Court of Appeal judgment in Optima Health v Secretary of State for Work and Pensions [2025] EWCA Civ 127. We will also provide our insight into how the Procurement Act 2023 addresses this topic and we will share practical advice on dealing with clarifications in the future.

Who should attend?

We would welcome participation from both the public and private sectors. From the public sector, we anticipate that this will be of most interest to Heads of Procurement, Procurement Officers, in-house Counsel and those who may be involved in clarifying tenders and/or handling procurement challenges as part of their role.

From the private sector, we envisage that this will be of interest to those who regularly bid for public sector opportunities and wish to understand more about the rules on clarification of tenders and the associated risks of a procurement challenge arising.

The panel will include: Jack Doukov-Eustice, Legal Director, TLT - Claire Gamage, Legal Director, TLT - Sean Thomas, Associate, TLT

To register for this webinar please email TLT.Events@tlt.com

Visit our Procuring 360° hub for recordings of previous webinars as well as articles, crib sheets, and more to support you in readiness for ‘go-live’ and beyond.