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:
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.
We advise a global sports brand on sports marketing agreements, advertising, marketing advice, brand protection and procurement.
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.
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.
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.
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  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
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.
This on-demand webinar is suitable for legal and procurement specialists operating within publicly funded contracting authorities.
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.
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.
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.
As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?
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.
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.
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.
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.
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
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.
To continue to meet legal obligations, higher education institutions must consider threshold figure changes in the Cabinet Office review.
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.
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.
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
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.
We review in detail the key highlights from the responses.
We outline the key highlights from the responses.
The cabinet office has produced a very useful guide to help SMEs considering bidding for government contracts.
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.
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.
The pandemic has accelerated existing trends, and created new and unexpected changes, across our lives and society - some more welcome than others.
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.
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.
What is the current impact for contracting authorities of the PPN?
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.
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.
This article explains when PPN 07/20 will apply and what action contracting authorities need to take when it does.
The publication follows recent media coverage regarding allegations of exploitation in the garment industry - what changes are proposed?
This on-demand video will be a practical overview of how to get those all-important procurement documents right, in our new series 'Lawyers in Local Government (LLG) - Talking Procurement.'
In the course of dealing with Covid-19 many leaders have talked about ‘build back better’ and inclusivity should be at the heart of it.
One area of reform around which we would like to develop some discussion is the remedies regime.
PPN 04/20 has been issued in the likelihood that the pandemic will cause continued disruption for the foreseeable future - what does this mean for contracting authorities?
Take a look at our Covid-19 on-demand training video, where key members of the team will be providing an update on current issues arising in relation to the pandemic including health and safety and how to get procurement going again.
Procurement Policy Note 02/20 (PPN 02/20) is asking contracting authorities within England to play their part in keeping businesses up and running, by continuing to pay suppliers.
An update on current issues including avoiding legal challenge to procurement decisions, public decision making, state aid and commercial and supply chain.