Following Brexit, the countries of the UK are developing new sets of rules governing procurement by public bodies and other ‘contracting authorities’. The UK has also now enacted legislation to control subsidies, replacing the EU’s state aid regime, together with special provisions for Northern Ireland. In addition, we have new rules governing the UK’s internal market. Against this rapidly-changing backdrop, we support public-sector clients and bidders in achieving successful procurement and investment outcomes whilst minimising their exposure to procurement and regulatory law risk.
Our specialist advisers are up to speed on the fast evolving legal framework, and we are able to advise on non-contentious and contentious matters, including challenges brought by aggrieved bidders and defences to actions. Our expertise extends to the related areas of judicial review, competition law, freedom of information and data access requests.
Our lawyers have considerable experience advising on complex and innovative procurements, as well as simpler procurement processes, failed procedures, framework agreements, concessions, in-house contract awards and e-procurements. Our expertise and experience spans the fields of health, blue light, transport, energy, waste, defence, education and land management.
We regularly provide bespoke training and seminars to our clients on all aspects of the public procurement rules, as well as subsidy control. Our experts work closely with the Projects Team and other specialist teams across the firm.
Recent experience
Supporting the design, procurement, launch and operation of the ‘SAM’ smart ticketing framework, consisting of 13 Lots and 44 suppliers, now servicing 28 local authorities and 32 bus operators across England, Wales and Scotland. The members of the not-for-profit company formed to lead the procurement include local transport authorities, passenger transport organisations, regional transport organisations, Transport Scotland and the Welsh Government.
Advising an NHS Trust on issues arising in connection with significant variations to its formally-procured electronic patient records management system upon its merger with another Trust.
Procurement through the Competitive Dialogue procedure of a £100m+ plus student residences project relating to the design, build, finance and operation of 1,000 student residences on a greenfield/farmyard site at Aberystwyth University. Advice on the form of procurement documentation, as well as on funding, governance and procedural issues. Assisting with the final tender evaluation process.
Advising Surrey County Council (“SCC”) on the procurement, under Competitive Dialogue, of Surrey’s Public Sector Network for WAN, LAN and/or Voice Communications services (called “UNICORN”), which will be made available to public sector organisations in Surrey, Berkshire and the immediate proximity. Working with SCC and its external communications consultants to draft a full range of procurement documentation for a Competitive Dialogue procurement, attending competitive dialogue meetings with bidders, and advising on contractual and regulatory issues.
Providing a full range of EU public procurement advice to Teignbridge District Council in relation to a large regeneration project in Teignmouth, Devon.
Assisting with all aspects of the competitive dialogue procurement of a strategic materials recycling facility project, including assisting with drafting the procurement documentation and assisting with the dialogue sessions. Further assistance with drafting the relevant award criteria, sub-criteria and weightings, together with the evaluation methodology.
