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Construction Law

CHAPTER 4 PROCUREMENT Page 252 Introduction 4.01 Procurement refers to the mechanism by which resources are marshalled and deployed, and contracts agreed, for the purpose of implementing a project. 1 The Page 253 concept of procurement embraces not only consideration of the process and means by which contracts are to be let, but also the choice of contractual arrangement for the particular project; for example, whether a project is let on a “traditional” basis, a design and build basis, or some other basis. 2 In government infrastructure projects, it is common in the United Kingdom and increasingly common in Australia for a PFI/PPP procurement route to be used, so as to shift risks and responsibilities to the private sector for the delivery of what would otherwise be a government-provided asset or service. 3 This is to be contrasted with more traditional forms of government procurement of public works, where the work is either undertaken in house, or a contractor is engaged to perform certain works that, when completed, are proffered for public use and maintained by the government itself.

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