Public sector procurement

We’re an experienced team of specialist lawyers who regularly advise and act for contracting authorities and bidders in relation to challenges to public procurement processes.

What we offer

We can advise you on procurement strategies, pre-market engagements, evaluation methodologies, procurement documents and dialogue sessions.

We provide training and workshops for both public bodies and bidders on public procurement, including managing and mitigating public procurement risk and avoiding procurement disputes.

Our procurement litigation experts also regularly defend procurement challenges and can provide you with pragmatic, commercial advice enabling challenges to be resolved quickly and efficiently.

We have a proven track record of managing complex claims and guiding clients through all aspects of a procurement challenge. This includes:

• reviewing tender documents and evaluation processes to identify any flaws in the procurement process and advising clients on the risk of a successful challenge to the award decision;
• inviting contracting authorities to rerun tender processes when a flaw has been identified;
• advising contracting authorities on the risks associated with abandoning a procurement process;
• advising contracting authorities on the key early tactical decision of whether to extend the standstill period;
• making or resisting pre-action requests for disclosure or further information;
• bringing or defending judicial review proceedings brought in parallel with a Part 7 claim;
• advising successful bidders on their rights and options in connection with intervening in judicial proceedings when a challenge has been brought by an unsuccessful bidder;
• advising contracting authorities on whether to apply to lift the automatic suspension and resisting such applications when acting for the challenger.
• reducing the resource burden on contracting authorities when it comes to disclosure and the preparation of witness statements;
• protecting confidential material by establishing confidentiality rings; and
• achieving settled outcomes to avoid costly litigation.

Why choose Browne Jacobson?

• We bring together lawyers with diverse backgrounds to provide the full range of support at every stage of your procurement process.
• Many of our procurement lawyers are from public sector backgrounds or have in house experience. We understand the pressures in house lawyers face and we will support you to choose the route which is best suited to your specific requirements.
• Our procurement team combines a leading edge public sector practice, with a strong private sector client base. This gives us a unique perspective when advising clients on major projects and procurements.
• Our procurement experts advise on public law for both local and central government and have led on major central government procurements.
• Our lawyers are experienced in sustainable procurement solutions to meet your needs as a public sector organisation and the environmental law and policy.
• Our team specialises in procurement litigation. We can provide support to bidders and public authorities where a procurement dispute arises.

Meet the team

Our recent experience

• Routinely shutting down challenges in the pre-action stage by responding robustly to unmeritorious claims.
• Successfully acting for an NHS Trust (the preferred provider) in a claim brought by the incumbent over the award of the £320m treatment centre contract. Our knowledge and expertise in NHS policy (including the Long-Term Plan), application of state aid law, governance and strategy was integral to explaining to the court the importance of the contract award being allowed to proceed to secure patient and system benefits.
• Successfully challenging a procurement process relating to the tender for services by a central government body. The matter was resolved by consent with our client being awarded a contract with the highest possible value.
• Defending a challenge brought only a few weeks before the framework under which the mini competition was run would come to an end. We worked with the client to develop a low-risk, commercially pragmatic solution whereby the procurement was abandoned, and the claim withdrawn with no order as to costs on the basis that the proceedings had become academic.
• Taking the lead to resolve a complex challenge where our client was one of 20 named defendants. The matter was resolved by consent without any cost consequences for our client.
• Challenging a decision made by a regional police force in relation to a tender for weapons. The matter was resolved by consent.