Procurement in higher education
Higher education institutions have a hugely diverse and complex portfolio of contracts with suppliers of goods and services, all of which need to be awarded and managed in a way that demonstrates value for money as well as supporting the strategic aims of the institution. The public procurement regime is both highly complex and heavily regulated and higher education institutions must be able to navigate it as quickly and easily as possible.
For some higher education institutions, it’s time to consider whether funding streams require it to continue to adhere to the public procurement regime. This is not a decision to be taken lightly, and requires a continuous process of evaluation to ensure that the approach is still correct. We can advise on what factors need to be considered and how to ensure that internal processes and governance still provide relationships with suppliers that deliver best value and high quality.
From advising on a specific aspect, such as the drafting of a contract to accompany an invitation to tender, through to managing the whole procurement process, our expert team provide advice that is both legally and commercially sound.
From time to time an unsuccessful bidder will make a complaint about the procurement process that has been run. We’re on hand to support your institution through what can be a daunting and resource intensive time. Our procurement lawyers have successfully defended procurement challenges at all stages and provide pragmatic, risk-based advice that ensures our clients can make informed decisions and get back to their core business of delivering excellent education.
What we do
- Reviewing all of your tender documents, producing contracts, and ensuring you use appropriate documentation throughout the process.
- Advising on the management of clarification questions.
- Supporting you on how to evaluate the financial aspects of a tender.
- Ensuring you can successfully complete your contract with the successful bidder.
- Providing wrap around support for procurement challenges from correspondence through to court proceedings.
Featured experience
Re-procurement of waste collection services
Advising a London-based university on its re-procurement of waste collection services. This included drafting contracts, reviewing tender documents, and supporting with the tender process. The contract was successfully awarded and implemented.
In-depth procurement review
Carrying out an in-depth procurement review in relation to a significant building project at a higher education institution.
Set up dynamic purchasing systems to provide supplies and services
Supporting a client acting as a central purchasing body set up a number of dynamic purchasing systems to provide supplies and services to local authorities, education institutes and health bodies worth over £300m.
Related expertise
Key contacts
Louise Bennett
Senior Associate
Anja Beriro
Partner
Craig Elder
Partner
Angelica Hymers
Senior Associate
Alex Kynoch
Legal Director
You may be interested in...
Legal Update - Be Connected (higher education)
Be Connected higher education - Summer 2023
Legal Update
Harnessing the potential of knowledge exchange, research and innovation
Legal Update
Student suicide and universities’ duty of care
Legal Update
Freedom of Speech – how to prepare for the new statutory duties
Press Release
Browne Jacobson announces key partner appointment to further grow higher education and charities practice
Legal Update
Back in the (Investment) Zone… sort of
Legal Update - Be Connected (higher education)
Be Connected higher education - Spring 2023
Legal Update
Knowledge exchange and intellectual property
Guide
Terminating student lettings: a quick guide for landlords
Legal Update
Higher education projects – the end is nigh?
Legal Update
Solar panel projects for higher education institutions
Legal Update
What role do HE employees have to play in public inquiries?
Opinion
The UK’s Data Protection and Digital Information Bill (No. 2): For universities
Legal Update
Regulating harassment and sexual misconduct in higher education
Legal Update
Government to expand network and information systems regulations
Legal Update
A pandemic legacy: flexibility
Legal Update
Regeneration: what role can universities play?
Legal Update - Procurement Act
Automatic suspension and procurement law
Press Release
Browne Jacobson collaborates with The GLAA and University of Nottingham to tackle modern slavery and human trafficking
Guide - Procurement Act
Public procurement: key facts and compliance considerations
On-Demand
The Subsidy Control Act 2022. Putting the new regime into practice
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - becoming an academy sponsor
Legal Update - Be Connected (higher education)
Be Connected higher education - Winter 2023
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Press Release
Education team maintains clean sweep of top rankings in latest legal directories
Browne Jacobson’s education team has again been confirmed as a national powerhouse after securing five Tier 1 rankings relating to Education in the latest edition of Legal 500 and maintaining a Band 1 UK-wide ranking for Education in Chambers & Partners UK 2023.
Legal Update - Be Connected (higher education)
Be Connected higher education - Autumn 2022
Press Release
Browne Jacobson and The University of Nottingham announce Knowledge Transfer Partnership to promote greater equality, diversity and inclusion in the legal sector and beyond
Legal Update
Authorship disputes and employment claims
In an academic environment, there can be pressures to publish, particularly where funding is dependent upon research and reputation. Whilst there can be competition between Higher Education establishments to be the first to publish, there can also be internal conflicts over authorship rights where several individuals have contributed to the work.
Legal Update
Subsidy Control Act 2022: economic queries
In July, the long-awaited statutory guidance on the Subsidy Control Act 2022 (Act) was published in draft form (Draft Guidance). A consultation on the draft guidance has recently ended and the results have not yet been published – it may therefore change before the final version is published.
Legal Update
Changes to holiday pay for part-year workers
In July 2022, the Supreme Court handed down its long-awaited Judgement in the case of Harpur Trust v Brazel relating to the correct calculation of statutory holiday pay for part year workers. This decision has implications for all part year workers on contracts which subsist all year round, whether their hours are normal or irregular.
Legal Update
Facing the threat of cyber security breaches
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
Opinion
Internal reports and privilege
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
Legal Update
Data reform in the UK
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
Legal Update - Procurement Act
Pre procurement planning the importance of early market engagement
Legal Update
What opportunities do the REF 2021 results offer universities?
The long-awaited publication of the Research Excellence Framework (REF) 2021 provides universities with opportunities to generate additional income and build upon the quality of their research output.