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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
Vis­it Law-Now for leg­al know-how and com­ment­ary

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1 May 2017
CMS, Nabarro and Olswang com­plete largest ever mer­ger...
Cre­at­ing a new fu­ture-fa­cing firm
22/05/2017
Dutch leg­al frame­work for off­shore wind to be amended due to Ger­man...
Fol­low­ing the re­cent post­pone­ment of an in­form­a­tion meet­ing for the Hol­landse Kust tender as a res­ult of the zero bids in the Ger­man off­shore wind tender, a spokes­man from the Min­istry of Eco­nom­ic Af­fairs now con­firms that the gov­ern­ment will amend the leg­al.
13 December 2016
CMS, Nabarro and Olswang con­firm Prac­tice and Sec­tor...
12/05/2017
Pro­ject Phoenix: Is NHS PPP about to rise from the ashes?
Com­munity Health Part­ner­ships (CHP), a wholly owned De­part­ment of Health (DoH) com­pany, cur­rently provides pub­lic sec­tor in­vest­ment in the primary health­care and com­munity es­tate through the NHS Loc­al Im­prove­ment Fin­ance Trust (LIFT).
Benjamin Hendry
10 October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
12/05/2017
Scot­tish pub­lic pro­cure­ment rules – one year on
In April last year, a com­pre­hens­ive new set of reg­u­la­tions entered in­to force in Scot­land.   The rules re­quire the ad­vert­ising of all pub­lic con­tracts on the Pub­lic Scot­land Con­tracts (PCS) portal, and in­tro­duced new rules gov­ern­ing tender pro­cesses for con­tracts.
10 October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
27/04/2017
Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of a pub­lic con­tract, that the fu­ture con­tract­or of that con­tract.
24/05/2016
CMS UK launches Brexit check­lists
12/04/2017
Risks of Brexit ex­ten­sions for pub­lic con­tracts?
The FT re­cently re­por­ted that “hun­dreds of gov­ern­ment con­tracts with the private sec­tor that are due to ex­pire are to be auto­mat­ic­ally ex­ten­ded be­cause civil ser­vants are too busy with Brexit to fo­cus on new and bet­ter-value tenders” (FT, 10 April).
05/05/2015
Guide to the EU pub­lic pro­cure­ment rules in the UK
Con­tract award pro­ced­ures for pub­lic sec­tor bod­ies...
05/04/2017
Europe: Pre-tender en­gage­ments un­der new Pub­lic Pro­cure­ment Dir­ect­ive...
Dir­ect­ive 2014/24/EU on pub­lic pro­cure­ment (the “Dir­ect­ive”) al­lows con­tract­ing au­thor­it­ies to en­gage in pre-tender mar­ket con­sulta­tions in or­der to: (i) identi­fy po­ten­tial bid­ders and solu­tions; (ii) build aware­ness and ca­pa­city in the mar­ket about the re­quire­ments.
29/10/2014
CMS Guide to Util­it­ies Pro­cure­ment
03/04/2017
High Court hands down im­port­ant rul­ing on stand­ing in pro­cure­ment...
The High Court has re­cently de­livered judg­ment in R (Wylde) v Waver­ley Bor­ough Coun­cil [2017] EWHC 466 (Ad­min), a ju­di­cial re­view re­lat­ing to the re­devel­op­ment of Farnham town centre.   The claim, brought by a num­ber of coun­cil­lors and loc­al res­id­ents op­posed.
Graeme Young
29/10/2014
CMS Guides to Pub­lic Pro­cure­ment
22/03/2017
Scot­tish Gov­ern­ment is­sues guid­ance on use of BIM in pub­lic sec­tor...
The Scot­tish Gov­ern­ment has pub­lished a Scot­tish Pro­cure­ment Policy Note 1/17 (SPPN) on the Im­ple­ment­a­tion of Build­ing In­form­a­tion Mod­el­ling with­in Con­struc­tion Pro­jects, set­ting out how BIM should be ad­op­ted with­in pub­lic sec­tor pro­cure­ment from 6 April 2017.
High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment...
10/02/2017
As­sess­ing pro­por­tion­al­ity in pub­lic pro­cure­ment? The un­cer­tainty re­mains
On 14 Decem­ber 2016, the European Court of Justice ("ECJ") answered the Dutch Su­preme Court’s ("DSC") pre­lim­in­ary ques­tions re­gard­ing Art­icle 45 (2) of the EU pub­lic pro­cure­ment dir­ect­ive (Dir­ect­ive 2004/18/EC) and gen­er­al prin­ciples of equal treat­ment and.