Public Procurement Lawyers

We act for utilities and a variety of public sector contracting authorities, including registered providers of social housing and local authorities.

We develop practical strategies for dealing with public procurement law from start to finish, advise on the advantages and disadvantages of different procurement options and use our knowledge of current trends to help you anticipate potential issues.

No matter your procurement needs or the size of your project, we can guide you from conception all the way to completion.

Our support covers a wide range of public procurement law matters including proposed contractual arrangements, the application of the Procurement Act 2023, permitted exemptions, preparation of tender documentation, selection and award criteria, contracts and framework agreements.

We have provided cost-effective, tailored and strategic advice and solutions across an array of projects, including a £1bn framework for repair and maintenance services, town-centre regenerations, infrastructure development, outsourced service projects as well as day to day contracting needs. 

We have over 25 years’ experience of advising on various iterations of the public procurement law regime. In particular, we have deep expertise in the Public Contracts Regulations 2015 (and the Utilities Contracts Regulations 2016 and the Concessions Contracts Regulations 2016), which remains relevant for any contract or procurement process where the procurement or direct award commenced before 24th February 2025. 

We also advise on managing post-completion contractual variations — an area closely regulated by procurement law.

Our team has contentious experience and we can advise on how best to respond to a threatened or actual challenge.

We act for a wide range of private sector suppliers who work with the public sector. The Procurement Team advises private sector suppliers in two key ways.

Firstly, we are able to advise and support the suppliers when they are in the process of bidding for public contracts, advising on how to engage with contracting authorities and to clarify any part of the process, and their rights in respect of it, at any time when it is unclear. This includes property developers, where we explain their rights and the finer points of the process during large multi-stage competitive tender processes.

Secondly, we are able to help private sector suppliers assess whether they have been treated fairly,  and to advise and support them in making a challenge against a contracting authorities’ decision making under public procurement law if a decision appears to be unjust. We have supported a number of suppliers over a range of disciplines to achieve a fair outcome following such challenges. 

Whatever your goals, we can help you to navigate public procurement laws and processes to achieve them — and our deep understanding of both sides of the procurement coin enables us to provide comprehensive and practical guidance.

Our procurement team is an integral part of our cross-departmental large scale infrastructure projects offering. Our projects offering is designed to support the needs of the client. This means the Brabners Procurement Team can be in the position of either leading or supporting the relevant project team.

Our experts have many years of involvement in high-profile public/private partnerships including PFI, Building Schools for the Future and high street regeneration and other regeneration-led schemes.

Examples include:

• Advising a large Greater Manchester borough council on their town centre redevelopment procurement, including initial advice on procurement options and then as part of the multi-disciplinary team advising on the competitive dialogue procedure, property matters and contract documentation.
• Advising a large north-west council on the procurement of the redevelopment of their shopping centre and related public realm, including procurement of the project team and shaping procurement processes.
• Advising a developer on aspects of their participation of the competitive dialogue procedure for a town centre regeneration.
• Advising a private developer on the public procurement aspect of a proposed development agreement with Transport for London.
• Advising on a leisure led procurement for a former seafront attraction.

This extensive experience means that we can advise you on both new and legacy projects.

In addition, our PFI knowledge means we have been able to assist with the complexities of PFI academy conversions and have advised, and are well-placed to advise on the complexities of PFI variations and PFI handback, of which we have written an article considering the issues facing schools.

We regularly review and advise on the terms of grant agreements — including the risks being undertaken and any off-market issues — before helping to negotiate where possible.

We’ve seen grant agreements ranging from four to 400 pages and can provide suitable assistance for any agreement you’ve received.

We also advise on the application of subsidy control law to grant agreements and as part of our projects work (see above). With strong links to expert counsel, we can provide or procure detailed and timely advice on subsidies under the Subsidy Control Act 2022 and whether a grant or other subsidy is compliant with the law.

Our procurement team is well-versed in assisting local authorities to facilitate the academy conversion process, with expertise in commercial transfer agreements and — with the support of our real estate team — the property lease or transfer.

Our extensive experience of projects means that we’re well-placed to assist on complex conversions, including for schools that are still subject to a PFI project agreement (or similar). 

Notably, the Procurement Team managed the back-to-back completion of three PFI academy conversions for three different PFI schemes, a testament to the management and in-depth understanding of the various issues present.

Public procurement is the process by which public sector bodies — such as government departments, NHS trusts and local authorities — buy goods, services, and works from private sector suppliers. It’s about spending public money transparently, fairly, and in a way that delivers value for money. The rules are there to make sure that decisions are made transparently, with integrity and that the process stands up to scrutiny.

The Procurement Act 2023 is the legal framework for public procurement in the UK. It sets out how public bodies should go about buying what they need, and applies to contracts above certain financial thresholds (which are reviewed every two years). The Act also touches on contracts below the threshold, but in a much more limited way.

The Act applies from the very beginning of a procurement exercise— including early planning and market engagement — all the way through to awarding the contract and managing it once it’s live. Contracting authorities have obligations at every stage of the contract lifecycle (known within the Act as a ‘covered procurement’), not just when the tender goes out.

There are three main procedures under the Procurement Act 2023:

• Open procedure — straightforward and best suited to simpler procurements.
• Competitive flexible procedure — more adaptable and allows for negotiation.
• Direct award — used in limited circumstances, such as when there’s only one suitable supplier.

Frameworks and dynamic markets also exist, but they’re treated separately under the Act.

Typically it involves several stages:

1. Planning and market engagement
2. Advertising the opportunity
3. Receiving and evaluating tenders
4. Awarding the contract
5. Managing the contract once it’s in place

Each stage has its own set of rules and expectations, and getting it wrong can lead to legal challenges. We can assist in navigating such processes at each stage.

Procurement can be a legal minefield. Common issues include failing to comply with the rules, not properly managing risks, and struggling to balance transparency with commercial sensitivity.

Contracting authorities also need to make sure they’re complying with the overriding procurement objectives present within the Act (including value for money acting with integrity and treating suppliers the same) while delivering on their strategic aims.

Absolutely. The Procurement Act 2023 recognises that SMEs often face barriers when bidding for public contracts and requires contracting authorities to consider how those barriers can be reduced, including the duty to consider whether larger contracts can be broken down into lots.

There is also the potential for expanding these SME-friendly provisions further, through the use of the National Procurement Policy Statement or via further legislation. For small businesses, understanding the process and putting together a strong bid is key — and there is support out there to help with that.

The Procurement Team pages on the Brabners website are a good starting point. We’ve got articles and videos for those new to procurement and for those who’ve been around the block. The UK Government website also has useful guidance. If you’ve got a specific question, feel free to get in touch with the Team.