At Browne Jacobson, we have some of the best, most specialist lawyers advising and acting for contracting authorities and bidders in relation to challenges to public procurement processes.
We offer a unified service on all aspects of complex procurement issues to clients, including NHS England, Homes England and over 200 local authorities.
Our specialists have a proven track record for managing complex claims and guiding clients through all aspects of a procurement challenge. We are your go-to advisers in matters involving contentious procurement. No problem is too big or too small. We’re known for our adaptable, practical approach, as well as our focus on commercial results.
We’re proud to have our fingers on the pulse when it comes to:
- drafting and reviewing tender documents and award evaluation criteria to identify any flaws in the procurement process.
- advising clients on the risk of a successful challenge to a newly awarded public contract.
- 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.
- making or resisting pre-action requests for disclosure or further information.
- bringing or defending judicial review proceedings alongside a procurement challenge.
- 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 regarding disclosure and the preparation of witness statements.
- protecting confidential material by establishing confidentiality rings.
- achieving settled outcomes to avoid costly litigation.
An NHS Trust
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
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
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.
Challenging a decision
Challenging a decision made by a regional police force in relation to a tender for weapons. The matter was resolved by consent.
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Changes to the Standard Selection Questionnaire effective from 1 April 2023
Automatic suspension and procurement law
Legal Update - Public matters newsletter
Public matters - February 2023
Procurement Bill debarment regime and ECHR issues
Digital Twin Technologies: key legal contractual considerations
Public procurement: key facts and compliance considerations
Reaching cloud nine? Public procurement for cloud-based services
Procurement Bill — what’s new in 2022?
The Procurement Bill (the Bill) has now been with us for about four months, during which time there have been a huge number of amendments proposed in the House of Lords (circa 320). Lately, there has been less mention of it — unsurprising, really, given everything else going on in politics recently — but here’s a summary of some of the key issues and themes so far.
Get ready for reform: The new Procurement Bill
This on-demand webinar is suitable for legal and procurement specialists operating within publicly funded contracting authorities.
Sustainability in construction
The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.
Responding to Grenfell – Slow progress is better than none
As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?
Modern Slavery and the NHS – new challenges on the horizon for NHS bodies and their suppliers
According to a report published by the Financial Reporting Council in April, modern slavery generates an estimated US$150 billion annually and encompasses 40 million people in slavery globally.
Commissioning Health Tech in an ICS World
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
Procurement Policy Notice 09/21: Update to legal and policy requirements to publish procurement information on Contracts Finder
The Cabinet Office updated Procurement Policy Notice 09/21 and accompanying guidance in December 2021, which replaces PPN 07/21. We outline its scope, associated guidance and impact for contracting authorities.
Government response to transparency in supply chains consultation published
The publication follows recent media coverage regarding allegations of exploitation in the garment industry - what changes are proposed?