Procurement

We are experienced in advising on public procurement under the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016 and procurement challenges.

We provide advice to bidders on the entire lifecycle of a bid. Our services can be provided throughout the UK and include advice on:

Award procedures;
Early stage reviews of Pre-Qualification Questionnaires and Invitations to Tender;
Challenging procurement awards;
Analysis of tender award notices;
Remedies for breach of procurement law;
Standstill periods;
Ineffectiveness claims;
Recovery of bid costs on unsuccessful tenders;
Framework agreements;
Varying public contracts;
Extension of public contracts;
Appointment of sub-contractors;
Freedom of Information Act requests;
Training to in-house legal and commercial teams on managing the tender process and how to challenge successfully

We also advise clients on their own non-regulated tender processes i.e. preparing Invitation to Tenders, setting selection and award criteria, the preparation of service level agreements and benchmarking.

Our Procurement Experience

International construction firm's tender to a local council

Advising a listed multi-disciplinary international construction firm on its tender to a local council. The company had tendered for the provision of services for highways related projects. The company was unsuccessful and the contract was awarded to another bidder. We advised the company during the Alcatel standstill period on whether the tender process had been conducted fairly.

Outsourcing company's contract with local authority

Advising an outsourcing company on its contract with a local authority. The contract covered services that went beyond those specified in the OJEU Notice and the European Commission considered enforcement action against the authority if a part of the services were not re-tendered. We advised on negotiations with the local authority and on the scope of the OJEU Notice.

Tender to construct a higher education institution

Advising a listed contractor on its tender to construct a higher education institution. The company came second by a very small margin and were the lowest price. Our review of the formula used to calculate the weightings of various criteria uncovered inconsistencies in how individual markers scored aspects of the tender.

International construction company's tender to the Royal Mail Group

Advising a leading international construction company on its tender to the Royal Mail Group. The company was disqualified at the pre-qualification stage for failing to agree to certain restrictive covenants in the Royal Mail Group’s contract.

Police stations, Democratic Republic of Congo

Acting for an international consultant in respect of procurement and the preparation of project documentation relating to construction and major refurbishment of police stations throughout the Democratic Republic of Congo; working closely with DRC counsel in respect of public procurement issues.

National Traffic Information Service

Acting for the prime contractor (a joint venture) in respect of the procurement of the supply chain in relation to a major traffic information scheme for the Highways Agency (Project value circa. £50m).

Network Rail, UK

Advising an international consultant in relation to its participation in Network Rail’s first alliance agreement in respect of a major rail programme in the North of England (project valued at £250 million).