Procurement for public sector
Browne Jacobson advises on all aspects of complex procurement issues including drafting specifications, evaluation criteria, tender documentation and associated procurement and contractual documentation.
Our ability to quickly get to grips with challenging legal and commercial problems is universally welcomed by our clients, who include NHS England, The Crown Prosecution Service, the Cabinet Office, Homes England and over 200 local authorities.
Widely recognised for providing top-quality advice and support in relation to public procurement law and practice, in relation to domestic and retained EU legislation, 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.
With an excellent track record of defending challenges from private sector providers, our in-house procurement litigation specialists also provide legal support in cases where a procurement challenge is made.
With extensive experience of complex and/or high-value procurement projects, Browne Jacobson’s legal specialists provide pragmatic and solutions-oriented services include:
- procurement strategy
- drafting specifications, evaluation criteria, tender documents and associated procurement and contractual documentation
- pre-market engagement
- procurement documents
- dialogue sessions
- evaluation methodology
- defending procurement challenges.
Featured experience
Cheshire East Council
We advised the Council on all stages of the regeneration of a former Royal Arcade retail area – including throughout pre-market engagement and during the competitive procurement process.
Global sports brand
We advise a global sports brand on sports marketing agreements, advertising, marketing advice, brand protection and procurement.
Crown Prosecution Service
For many years we’ve advised the CPS in relation to the restructuring of the IT systems that sit behind both central functions and the court system in England.
Ambulance Radio Programme
We’re advising on the procurement of ARP’s Field Support Services project - the national roll-out, installation and support of new digital ambulance kits by specialist engineers.
Key contacts
Peter Ware
Partner
Anja Beriro
Partner
Rachel Whitaker
Partner
Louise Bennett
Senior Associate
Angelica Hymers
Senior Associate
Matthew Alderton
Senior Associate
Victoria Searle
Associate
Hannah Payne
Associate
Alex Lucas
Associate
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Changes to the Standard Selection Questionnaire effective from 1 April 2023
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Automatic suspension and procurement law
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Public matters - February 2023
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Procurement Bill debarment regime and ECHR issues
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Digital Twin Technologies: key legal contractual considerations
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Public procurement: key facts and compliance considerations
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Reaching cloud nine? Public procurement for cloud-based services
Opinion
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.
Legal Update
CCGs’ conduct “sufficiently serious” for award of damages in High Court procurement case
This case provides a reminder to contracting authorities that whilst the bar for an award of damages in procurement cases is high, following the Supreme Court ruling in Energy Solutions EU Ltd v Nuclear Decommissioning Authority [2017] 1 WLR 1373, it is not insurmountable when a contracting authority has acted with disregard to the Public Contracts Regulations 2015 (PCRs). There is also further guidance as to the use of frameworks
Legal Update
Pre procurement planning the importance of early market engagement
At the end of last month, the Crown Commercial Service issued guidance on how an organisation can successfully carry out early market engagement and so in this article we seek to summarise the key areas detailed in the guidance.
On-Demand
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.
Legal Update
The Procurement Bill - selection, exclusion, conflict of interests and debarment
On 11 May 2022, the UK Government introduced the Procurement Bill which seeks to reform the existing rules on public procurement. The Bill underwent its second reading on 25 May 2022 and we can expect the Act to come into force some time next year. This article will take you through some of the proposed changes on selection, exclusion, conflict of interests and debarment in the procurement process.
Legal Update
The Introduction of the Social Partnership and Public Procurement (Wales) Bill by the Welsh Government
The Social Partnership and Public Procurement (Wales) Bill (the Bill) was introduced by the Welsh Government on 7 June 2022. The Bill is intended to complement other legislation, specifically the Well-being of Future Generations (Wales) Act 2015 (WFGA 2015) and provides a framework for enhancing the well-being of the Welsh people.
Published Article
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.
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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?
Legal Update
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.
Legal Update
Public Procurement: Plus ça change, plus c’est la même choses
When you look at the new Procurement Bill (the Bill), there are lots of things and concepts which do indeed — notwithstanding the changes — remain the same. However, when you start looking beneath the surface, there are a number of significant changes for us all to consider.
Legal Update
Contracts with Russian and Belarusian suppliers
We are all aware of the unfolding situation in Ukraine following the invasion of Russian forces, and the support afforded to Russia by Belarus. The UK Government has, in response to the conflict, issued sanctions on companies and individuals.
On-Demand
Procurement Bill - key changes and how will it affect you?
In anticipation of the release of the Procurement Bill, our specialist procurement team spoke through the new regime and the key changes that will take place after the transition period.
On-Demand
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.
Legal Update
Progress of procurement reforms
As we look ahead to planned and potential legal developments in 2022, one area we have been keeping a close eye on is the progress of the Government’s planned reforms to procurement law.
Published Article
Implications of the amended public procurement thresholds
To continue to meet legal obligations, higher education institutions must consider threshold figure changes in the Cabinet Office review.
Legal Update
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.
Legal Update
Exclusion grounds under the new procurement regime
A range of questions were subject to consultation on the grounds for excluding bidders from a procurement process. We consider some of the key proposals which will be taken forward in the new regime.
Legal Update
New year, new Brexit transport rules
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
Published Article
Transforming public procurement – the road to flexibility?
In 2020, the Cabinet Office published the green paper as part of the government’s overall policy objective to exploit freedoms afforded by the UK’s exit from the European Union. A year on, the Cabinet Office has released its response to this consultation.
Legal Update
Long Read: Transforming Public Procurement: Government Response to Consultation
We review in detail the key highlights from the responses.
Opinion
Short Read: Transforming Public Procurement: Government Response to Consultation
We outline the key highlights from the responses.
Opinion
Guidance to help SMEs bidding for government contracts
The cabinet office has produced a very useful guide to help SMEs considering bidding for government contracts.
Legal Update
Managing consortium bids
A consortium bid is where two or more entities have decided to come together to bid for a contract opportunity. There is a big difference between consortium and sub-contracting arrangements.
Legal Update
Amendments to public procurement thresholds
Every two years, the Cabinet Office is obliged to review the threshold figures contained within: (1) the Defence and Security Public Contracts Regulations 2011; (2) the Public Contracts Regulations 2015; (3) the Concession Contracts Regulations 2016; and (4) the Utilities Contracts Regulations 2016.
Published Article
How can procurement drive digital transformation?
The pandemic has accelerated existing trends, and created new and unexpected changes, across our lives and society - some more welcome than others.
Legal Update
Local authority leisure provision in a time of Covid
It was no surprise that the leisure sector was one of the hardest hit by the pandemic, and that many local authority leisure contracts required significant intervention.
Published Article
Procurement reform: what’s in it for construction?
The consultation Green Paper: Transforming public procurement was issued by the Cabinet Office in December 2020. Whilst we await the Bill, the Green Paper sets a very strong direction of travel and there is much to consider for the construction sector.
Legal Update
Procurement Policy Note 10/20: key changes and considerations for contracting authorities post the UK-EU transition period
What is the current impact for contracting authorities of the PPN?
Legal Update
Public procurement law reform: highlights of the Government’s transforming public procurement green paper
The Cabinet Office has now published the much anticipated Green Paper (Paper) setting out the Government’s proposals for reform of the public procurement system in England. The proposals are now subject to a 12 week consultation period ending on 10th March 2021.
Legal Update
Living with Covid-19 – adapting contracts to respond to the new reality
Five ways in which contracting parties can adapt their services procurement contracts in response to the challenges presented by Covid-19 and related government-imposed mobility and social distancing restrictions.
Legal Update
Procurement Policy Note 07/20: key changes and considerations for contracting authorities
This article explains when PPN 07/20 will apply and what action contracting authorities need to take when it does.
Legal Update
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?