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Public Procurement

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.

High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment in the UK
Na­tion­al Grid on the pro­cure­ment of in­ter­con­nect­ors (to Nor­way and to France).Post Of­fice on mul­tiple ma­jor ICT trans­form­a­tion pro­jects.Strath­clyde Part­ner­ship on the pro­cure­ment of rolling stock and...
Law-Now: Pub­lic Pro­cure­ment
Vis­it Law-Now for leg­al know-how and com­ment­ary

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29/04/2022
UK Sub­sidy Con­trol re­gime: Roy­al As­sent
On 28 April 2022, the Sub­sidy Con­trol Bill re­ceived Roy­al As­sent, form­ally mak­ing the Bill in­to an Act of Par­lia­ment – the Sub­sidy Con­trol Act 2022.  However, as high­lighted in our ho­ri­zon scan­ning...
28/04/2022
Gov­ern­ment failed care home res­id­ents with ‘un­law­ful’ hos­pit­al dis­charge...
The High Court re­leased their judg­ment yes­ter­day in the ju­di­cial re­view pro­ceed­ings brought by Dr Cathy Gard­ner and Fay Har­ris, whose fath­ers Mi­chael Gib­son and Don­ald Har­ris, died in care homes after...
18/03/2022
Post-Brexit: UK plaintiffs must provide cost se­cur­ity for pro­ceed­ings in...
Last year, long lorry jams made it clear to every­one what con­sequences Brexit will have for cross­ing the bor­der to main­land Europe. Far less known is the hurdle which UK com­pan­ies must over­come when they...
10/02/2022
Pub­lic Pro­cure­ment Reg­u­la­tion in Scot­land
The rules be­low ap­ply only to pub­lic pro­cure­ment con­tracts in Scot­land. Dif­fer­ent rules ap­ply to pub­lic pro­cure­ments in Eng­land, Wales, and North­ern Ire­land (please see our sep­ar­ate e-Guide for these...
21/01/2022
Court rules op­er­a­tion of “VIP” pro­cure­ment lane un­law­ful but re­fuses de­clar­at­ory...
The most re­cent ju­di­cial re­view chal­lenge to be brought and heard against the Sec­ret­ary of State for Health and So­cial Care (the “SoS”), this time in the Tech­no­logy and Con­struc­tion Court, con­firms...
18/01/2022
The Road to the (Autonom­ous) Fu­ture
It is no longer pos­sible to dis­cuss the fu­ture of trans­port without the ques­tion of autono­ma­tion be­ing raised. The ques­tion of ‘how long’ un­til Autonom­ous Vehicle (AV) de­ploy­ment be­comes a real­ity...
06/01/2022
Pub­lic pro­cure­ment – new thresholds for 2022
The pub­lic pro­cure­ment thresholds have changed for the United King­dom (Eng­land and Wales, North­ern Ire­land and Scot­land), ef­fect­ive from 1 Janu­ary 2022.  These changes are com­mu­nic­ated in Pro­cure­ment...
23/12/2021
Post-Brexit pro­cure­ment re­forms to take shape in 2022
Earli­er this month, the Cab­in­et Of­fice pub­lished its plans for trans­form­ing pub­lic pro­cure­ment rules post-Brexit. The plans in­volve in­tro­du­cing le­gis­la­tion next year to be ad­op­ted and im­ple­men­ted though...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
02/08/2021
Ofgem con­sults on pro­posed changes to en­force­ment pro­ced­ure
On 9 June 2021, Ofgem pub­lished a con­sulta­tion (the “Con­sulta­tion”) pro­pos­ing a range of modi­fic­a­tions to its En­force­ment Guidelines (the “Guidelines”) and state­ment of policy with re­spect to...
30/07/2021
The Ju­di­cial Re­view and Courts Bill – The first of a thou­sand cuts?
On 21 Ju­ly 2021, the Ju­di­cial Re­view and Courts Bill (“Bill”) was in­tro­duced to Par­lia­ment. Part 1 of the Bill deals with the changes to ju­di­cial re­view and Part 2 deals with pro­ced­ur­al is­sues for...
28/07/2021
DCMS launches On­line Harms In­quiry in­clud­ing Call for Evid­ence
The DCMS Sub-Com­mit­tee on On­line Harms and Dis­in­form­a­tion yes­ter­day launched a new in­quiry to scru­tin­ise the Gov­ern­ment’s ap­proach to tack­ling harm­ful on­line con­tent, as set out in the draft On­line...