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Public sector procurement is highly regulated and process driven. To avoid costly and time consuming legal challenges, access to expert advice is vital to public sector organisations. To ensure that competitors are not given unfair advantages, businesses competing for work from the public sector need experienced lawyers. From initial advertising to handling requests for information, our specialist team understands your environment and will work with you to provide pragmatic legal advice throughout the process.
Our clients - Local Enterprise Partnerships, NHS Trusts, business enterprise organisations, local authorities, private sector companies engaged in procurements or otherwise seeking to challenge decisions to award contracts to competitors.
Our experience - advising both the public sector (social care, education, health, government bodies, local authorities, public/private partnerships) and the private sector (from listed plcs to SMEs trying to work with local authorities for the first time). We regularly act for a number of national central procurement bodies.
One of the largest specialist procurement teams in the Midlands, acting for clients nationwide.
Specialist advice - on all aspects of the public procurement regime pursuant to the Public Contracts Regulations 2006 and 2015, as well as the underlying EU directives.
We have developed innovative solutions to public to public cooperation and other types of shared service arrangements.
Where Public Contract Regulations 2015 obligations are unclear, we talk in terms of the risk of challenge, but who can challenge a decision to award a contract?
Often, contracting authorities can find themselves dealing with a project where it is not clear if, or how, the Public Contracts Regulations 2015 will apply.
The Court of Justice of the European Union (CJEU) has held that a contracting authority cannot require a contractor to carry out a defined percentage of works under a public works contract.
In just nine months the Investigatory Powers Bill has been agreed by both Houses of Parliament and will shortly become law.
With them, you feel like you're working together as a team.
They addressed the issues at the early stages. They provide clear and useful advice. They have a very good team. All the individuals are experts in their area and they can rely on a wider team.
They displayed a commercial and thorough approach with a strong eye for detail and good client-handling skills in a difficult case.
Advising a central government department on its ongoing procurement of a replacement ICT strategy. This has included drafting of procurement documentation, advising on whether amendments to a call-off contract under a framework were compliant, advising on the management of the procurement process, in particular evaluating and responding to a large number of clarification questions.
Advised on the transfer of commercial contracts between government departments. This involved conducting due diligence and advising on the potential options open, which concluded with the transferring of a number of contracts under a statutory transfer scheme and entering into shared services arrangements between departments. The advice included the procurement implications of transferring contracts and how to mitigate risks associated with this.
Advising a group of local authorities on establishing a Teckal company and trading company to run a public service in tandem - including advising on the possible structures of a shared services, the procurement and other commercial risks of different delivery models and how these can be mitigated and also drafting documents for Members on complex legal matters in a clear, comprehensive and concise format.
Advised on the procurement of a private sector partner to establish a corporate joint venture for the delivery of schools catering within a London borough. We provided advice on procurement, state aid and pensions together with contractual and corporate structures - delivering one of the first corporate joint ventures of its type and sector in the country in a very short time frame.
The momentum of the devolution revolution seems to have slowed. Local authorities have been left hanging on, tantalisingly close to a deal…
With the majority of central government sitting behind the Treasury when it comes to buying into the devolution agenda, what will the long term relationship between central and local government look like?
One of the key themes explored in our report ‘Our changing state: the realities of austerity and devolution’ is the preparedness of central government
The decision of the Supreme Court published today in the Edenred case will be music to public bodies’ ears. For a lot of practitioners it is a slightly surprising decision but the fact that it has been made by the highest court in England gives it significant weight. It relates to a Memorandum of Understanding (MOU) arrangement between HM Treasury and National Savings and Investments to support the new Tax-free Childcare (TFC) scheme. NS&I have a contract with Atos for many of the back office services required. For the TFC scheme, the Atos contract had to be varied. In summary the Supreme Court held:
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