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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 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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30 March 2021
Chal­len­ging HM­RC U-turns: les­sons from a re­cent EIS de­cision
Gov­ern­ments across the globe are fa­cing a moun­tain of debt fol­low­ing the pan­dem­ic, with the fo­cus of some now shift­ing to in­come gen­er­a­tion mode. In the UK, are we already see­ing a change of ap­proach...
29 March 2021
Busi­ness rates and Cov­id-19: re­stric­tion on ma­ter­i­al change of cir­cum­stances...
On 25 March 2021, the Gov­ern­ment an­nounced meas­ures with im­me­di­ate ef­fect to lim­it the use of the Ma­ter­i­al Change in Cir­cum­stances (MCC) pro­vi­sions to achieve re­duc­tions in the rate­able value of prop­er­ties...
24 March 2021
Fair Work First in Scot­tish Pub­lic Pro­cure­ment
Scot­tish pub­lic sec­tor bod­ies spent £1.35 bil­lion on goods and ser­vices in 2020.  Like the UK gov­ern­ment, the Scot­tish Gov­ern­ment is in­creas­ingly fo­cussed on pub­lic sec­tor spend se­cur­ing wider eco­nom­ic...
19 March 2021
Re­flec­tion re­quired fol­low­ing re­sponses to pub­lic pro­cure­ment Green Pa­per
Earli­er this month, the UK Gov­ern­ment’s Cab­in­et Of­fice closed its con­sulta­tion on the Green Pa­per: Trans­form­ing pub­lic pro­cure­ment, which set out pro­posed amend­ments to pub­lic pro­cure­ment rules fol­low­ing...
17 March 2021
Plan­ning His­tory is not His­tory
Back­ground Ogilvie Homes Lim­ited (“Ogilvie”) re­cently suc­ceeded in a stat­utory ap­peal against the de­cision of a Re­port­er to re­fuse plan­ning per­mis­sion for a res­id­en­tial de­vel­op­ment in Cum­bernauld...
04 March 2021
In­ter­di­git­al Tech­no­logy v Len­ovo: should for­eign courts’ per­mis­sion be...
In In­ter­di­git­al Tech­no­logy Corp and oth­ers v Len­ovo Group Ltd and oth­ers [2021] EWHC 255 (Pat), Hacon HHJ, sit­ting as a Judge, ruled at a pre-tri­al re­view that pri­or ap­prov­al from the com­pet­ent au­thor­ity...
04 March 2021
Gov­ern­ment's lack of trans­par­ency around PPE con­tract awards de­clared un­law­ful
The Ad­min­is­trat­ive Court’s re­cent de­cision in R (on ap­plic­a­tion of Good Law Pro­ject & Ors) v Sec­ret­ary of State for Health and So­cial Care [2021] EQHC 346 (Ad­min) high­lights that while pub­lic au­thor­it­ies...
11 February 2021
To in­fra­struc­ture and bey­ond: Scot­tish Gov­ern­ment un­veils £33bn In­fra­struc­ture...
The Scot­tish Gov­ern­ment pub­lished its In­fra­struc­ture In­vest­ment Plan (IIP) on 4 Feb­ru­ary 2021. This fol­lows the con­sulta­tion on the draft plan (Draft) pub­lished in Septem­ber 2020, dis­cussed in our pre­vi­ous...
9 February 2021
CMS se­cures North­ern Light­house Board ap­point­ment
Law firm CMS has been ap­poin­ted to ad­vise the North­ern Light­house Board (NLB) on the pro­cure­ment of a new ves­sel to re­place the NLV Pole Star. The Oban-based 52.5m ves­sel, used for buoy-lay­ing and oth­er...
09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
11 January 2021
The UK’s new sub­sidy con­trol re­gime 
From 1 Janu­ary 2021, the EU State aid rules no longer ap­ply to fund­ing and oth­er forms of sup­port meas­ures gran­ted to busi­ness by UK pub­lic au­thor­it­ies. The only ex­cep­tions to this are for aid that is...
17 December 2020
Trans­form­ing Pub­lic Pro­cure­ment – the Fi­nal Fron­ti­er?
“For too long, mod­ern and in­nov­at­ive ap­proaches to pub­lic pro­cure­ment have been bogged down in bur­eau­crat­ic, pro­cess-driv­en pro­ced­ures. We need to aban­don these com­plic­ated and stifling rules and un­leash...