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Public Procurement

United Kingdom

The quality of public services is increasingly determined by the skilled procurement of suppliers, contractors and service providers. As a public authority, utility or company looking to contract with the public sector, you will need a deep understanding of how the procurement framework regulates your plans.

Acting for both private sector clients and public authorities enables us to offer innovative advice within the legal framework. We can guide you through complex tender procedures, not only if you are in the public sector but also in construction, IT, lifesciences, utilities, transport and postal services. We regularly advise on procurement complaints and challenges and have acted on cases before the courts in all three UK jurisdictions.

With over 100 public procurement specialists globally, we can lead your response to public tender procedures in different countries simultaneously. This means we cover all your complex public tender issues such as those regarding compliance with the procurement rules, the formation of bidding consortia, the exchange of sensitive data among competitors and the procurement of complex PPP projects or concessions. Should you need support before tribunals and courts across Europe or in front of the European Commission and ECJ, our experts can also provide the legal advice you need.

Our market leading practice advises on the structuring of complex projects in light of the procurement rules. We aim to give commercially-focussed, practical advice, guiding clients through the process, managing risks, identifying solutions and challenging and defending award procedures.

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High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment...
Law-Now: Pub­lic Pro­cure­ment
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18/06/2019
Is an in­tel­li­gent AI tool right for your busi­ness?
The Na­tion­al Cy­ber Se­cur­ity Centre has re­cently re­leased guid­ance on as­sess­ing in­tel­li­gent tools for cy­ber se­cur­ity (avail­able here). This guid­ance provides a valu­able op­por­tun­ity for busi­nesses of any size to re­flect on how they should (or equally, should.
13/06/2019
No pic­tures, please: Scot­land v Eng­land as a for­um for de­fam­a­tion...
The Court of Ap­peal in Eng­land & Wales has handed down its judg­ment in the mat­ter of Howard Kennedy v The Na­tion­al Trust for Scot­land [2019] EW­CA Civ 648, on ap­peal from the de­cision of Sir Dav­id Eady, sit­ting as a judge of the High Court on the Queen's Bench.
06/06/2019
The Bribery Act 2010 in Scot­land: where are we now?
De­scribed earli­er this year by the House of Lords Se­lect Com­mit­tee as hav­ing cre­ated “an in­ter­na­tion­al gold stand­ard for anti-bribery and cor­rup­tion le­gis­la­tion”, the com­ing month will mark the eight year an­niversary of the Bribery Act 2010 com­ing in­to force.
31/05/2019
Con­sti­tu­tion­al Law Up­date: In­tro­duc­tion of the Ref­er­en­dums (Scot­land)...
The Scot­tish Gov­ern­ment has pub­lished le­gis­la­tion which would lay out the rules for any ref­er­en­dum to be held in Scot­land, which was with­in the com­pet­ence of the Scot­tish Par­lia­ment. The new Bill – the Ref­er­en­dums (Scot­land) Bill – sets out pro­vi­sions re­lat­ing.
28/05/2019
In­fra­struc­ture Fin­ance Re­view
On 13 March 2019, HM Treas­ury and the In­fra­struc­ture and Pro­jects Au­thor­ity, pub­lished a con­sulta­tion to kick-start the “In­fra­struc­ture Fin­ance Re­view” (the “Con­sulta­tion”) to as­sess the fu­ture of in­fra­struc­ture fin­ance in the UK and the chal­lenges it faces.
28/05/2019
Busi­nesses face stricter com­pli­ance and harsh­er pen­al­ties un­der the...
The Home Of­fice com­mis­sioned Rt Hon Frank Field MP, Bar­on­ess Eliza­beth But­ler-Sloss and Maria Miller MP to re­view the op­er­a­tion and ef­fect­ive­ness of the Mod­ern Slavery Act 2015 (the “Act”) and to re­com­mend im­prove­ments.
23/05/2019
Frus­trated by Brexit?
In Ca­nary Wharf (BP4) T1 Ltd v European Medi­cines Agency [2019] EWHC 335 (Ch) the High Court ruled that The European Medi­cines Agency (the “EMA”) can­not use the United King­dom’s up­com­ing exit from the European Uni­on to frus­trate its multi-mil­lion pound lease.
21/05/2019
Su­preme Court: Par­lia­ment’s “ouster” of High Court ju­di­cial re­view...
Sum­mary On 15 May 2019, the Su­preme Court handed down its judg­ment, de­cid­ing by a slim ma­jor­ity of 4:3 that an “ouster clause” in sec­tion 67(8) of the Reg­u­la­tion of In­vest­ig­at­ory Powers Act 2000 (“RI­PA”) that pur­ports to ex­clude from chal­lenge or ap­peal any.
30/04/2019
Is The Dev­il Really in the De­tail?
A re­cent de­cision of the Sher­iff Ap­peal Court con­sidered the en­force­ab­il­ity of ‘agree­ments to agree’ As so­li­cit­ors, we cau­tion our cli­ents that clauses in con­tracts which are es­sen­tially the parties agree­ing to reach an agree­ment on a mat­ter at a later date.
29/04/2019
The road to im­proved Scot­tish trans­port
The Trans­port (Scot­land) Bill (the Bill) passed Stage 1 of the three stage par­lia­ment­ary pro­cess on 4th April 2019. In sum­mary, the Bill pro­poses to: cre­ate low emis­sion zones (LEZs), make pro­vi­sion for flex­ib­il­ity in bus ser­vices, im­pose great­er.
18/04/2019
Mod­el­ling En­vir­on­ment in awards of Cent­ral Gov­ern­ment Con­tracts
The Cab­in­et Of­fice and the De­part­ment for Di­git­al, Cul­ture, Me­dia & Sport is cur­rently con­sult­ing on a new eval­u­ation mod­el for in­cor­por­at­ing so­cial value, in­clud­ing en­vir­on­ment con­sid­er­a­tions, in­to awards of cent­ral gov­ern­ment con­tracts.
12/04/2019
Meet­ing the Fund­ing Gap: UK Mu­ni­cip­al Bonds Agency & Pub­lic Works...
Ac­cord­ing to the Loc­al Gov­ern­ment As­so­ci­ation (LGA), by 2020 loc­al au­thor­it­ies will have lost 60p in every £1 they were al­loc­ated by cent­ral gov­ern­ment a dec­ade ago. Not­with­stand­ing this re­duc­tion in fund­ing, the de­mands to provide so­cial care and in­fra­struc­ture.