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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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Graeme Young
Guide to the EU pub­lic pro­cure­ment rules
Draft­ing pro­cure­ment doc­u­ment­a­tion and non- com­pli­ant tenders
In the re­cent case of MLS (Over­seas) Lim­ited v. The Sec­ret­ary of State for De­fence [2017] EWHC 3389 (TCC), the Min­istry of De­fence (“MoD”) was found to have ac­ted un­law­fully for not mak­ing it suf­fi­ciently clear in tender doc­u­ment­a­tion that a fail­ure to pass.
1 May 2017
CMS, Nabarro and Olswang com­plete largest ever mer­ger...
Cre­at­ing a new fu­ture-fa­cing firm
Gambling Com­mis­sion in­vest­ig­ates on­line casi­nos
The UK Gambling Com­mis­sion (the “Com­mis­sion”) an­nounced last week that it has writ­ten to all on­line casino op­er­at­ors which it reg­u­lates rais­ing con­cerns about the op­er­at­ors’ ap­proach to anti-money laun­der­ing and so­cial re­spons­ib­il­ity.
13 December 2016
CMS, Nabarro and Olswang con­firm Prac­tice and Sec­tor...
New in­fra­struc­ture per­form­ance plan pub­lished
The In­fra­struc­ture and Pro­jects Au­thor­ity (IPA) made its New Year’s res­ol­u­tions early by pub­lish­ing the Trans­form­ing In­fra­struc­ture Per­form­ance plan (TIP) on 6 Decem­ber 2017. The TIP sets am­bi­tious ob­ject­ives to trans­form the way in­fra­struc­ture in the UK.
October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”) to or­gan­ise JCBPPs.
10 October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
CMS UK launches Brexit check­lists
MIM’s the word
With a total cap­it­al value of over £1bn, the three schemes set to be pro­cured by the Welsh Gov­ern­ment through its Mu­tu­al In­vest­ment Mod­el are catch­ing the eye, es­pe­cially in the ab­sence of a pipeline of PF2 schemes.
Guide to the EU pub­lic pro­cure­ment rules in the UK
Con­tract award pro­ced­ures for pub­lic sec­tor bod­ies...
Mod­ern Slavery trans­par­ency re­quire­ments - Gov­ern­ment pub­lishes up­dated...
Re­cent stat­ist­ics in­dic­ate that only 50% of or­gan­isa­tions re­quired to pub­lish a state­ment in ac­cord­ance with sec­tion 54 of the Mod­ern Slavery Act have done so, and many of the pub­lished state­ments are de­fi­cient.
Graeme Young
CMS Guide to Util­it­ies Pro­cure­ment
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would not be ap­pro­pri­ate to di­vide the con­tract in­to lots,.
CMS Guides to Pub­lic Pro­cure­ment
Scot­tish Gov­ern­ment is­sues pro­posed amend­ments to European Uni­on With­draw­al...
On Tues­day 19 Septem­ber, the Scot­tish gov­ern­ment pub­lished ‘De­fend­ing de­vol­u­tion’, the pro­posed amend­ments by the Scot­tish and Welsh gov­ern­ments to the EU With­draw­al Bill.  The aim of the amend­ments is to en­sure de­volved policy areas are kept with­in the re­spons­ib­il­ity.