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Public Procurement

United Kingdom

The quality of public services is increasingly determined by skilled public procurement management. 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.

With experience on both sides of the process, 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 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, restrictions of building 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.

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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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13 December 2016
CMS, Nabarro and Olswang confirm Practice and Sect...
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).
CMS UK launches Brexit checklists
Europe: Pre-tender engagements under new Public Procurement Direc...
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.
Graeme Young
Guide to the EU public procurement rules in the UK
Contract award procedures for public sector bodies...
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.
CMS Guide to Utilities Procurement
Scottish Government issues guidance on use of BIM in public secto...
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.
CMS Guides to Public Procurement
Assessing proportionality in public procurement? The uncertainty...
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.
Highlights of our experience in Public Procurement...
Reminder: Don’t forget your modern slavery and human trafficking...
It is now over a year since section 54 of the Modern Slavery Act 2015 came into force. Many large organisations have already published their annual modern slavery and human trafficking statement. Organisations that had their financial year-end falling between.
Tenderers must comply with requirements for exclusion grounds at...
On 10 November 2016, the Court of Justice rendered an interesting decision (in Ciclat Soc. coop. v. Consip SpA, C-199/15) regarding the application of exclusion grounds. In this particular case, a tenderer did not comply with its obligations of social security.
CMA fines company for attending cartel meeting, despite refusing...
The CMA has fined a company for exchanging information at a single meeting in July 2012, at which it was invited to join a cartel arrangement.   At a meeting that was secretly recorded by the CMA, Balmoral Tanks Ltd.
Inspector calls checklist
An Inspector Calls – main powers of regulatory authorities in carrying out unexpected inspections Whether it is bribery, cartels or breach of health and safety legislation, UK corporates now face an array of prosecutorial and regulatory agencies, able to act.
Increased scrutiny and investigation of online betting firms
The Competition and Markets Authority (“CMA”) has confirmed the launch of an investigation into concerns raised by the Gambling Commission about potential breaches of consumer law in the online gambling industry.
When is a development agreement not caught by the procurement rul...
On 26 August 2016, the High Court dismissed an application for judicial review of West Berkshire District Council’s (the Authority’s) decision to enter into a development agreement with St Modwen Developments Limited (SMDL).
Scottish Infrastructure: The £20 Billion Spend
The Scottish Government's Programme for Government 2016-17 (“the Programme”), which was delivered to MSPs at Holyrood on Tuesday 6 September, sets out the actions the Government intends to take in the forthcoming year and beyond.