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Public Procurement

The regulation of public sector procurement can make the process extremely challenging for suppliers and bidders alike.

For the public sector, incorrect procedures can prove costly, incur significant delays, risk court challenges and damage reputations. For the private sector, this can mean losing the chance to win a contract or — potentially even worse — winning an insecure contract.

That’s why we help both public sector buyers and private sector suppliers to navigate public procurement law throughout all stages of the procurement lifecycle. 

Whether you need help with preparation, tendering, challenging, responding to challenges, awarding a contract or managing compliance, disputes and performance across the contract’s lifespan, we understand what matters most and work tirelessly to achieve your aims.

Our team includes members of the Procurement Lawyers’ Association and lawyers with both public and private sector experience. Vastly experienced in advising on the current suite of regulations and related case law, we’re also well-positioned to advise on the transition to the new regime under the Procurement Act 2023.

Backed-up by our offering as a full-service law firm, we provide access to procurement and commercial law experts as well as our wider public sector offering, including our award-winning real estate group — so no matter your needs, we provide end-to-end project support and the right mix of specialists at the right time.

Find out more about our services below.

Talk to us by completing our contact form at the bottom of the page.

Our services

  • Contracting authorities and utilities

    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 Public Contracts Regulations 2015 (and their concession and utilities counterparts), permitted exemptions, preparation of tender documentation, selection and award criteria, contracts and framework agreements.

    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.

  • Private sector

    We act for a wide range of private sector providers when bidding for public contracts, advising on how to engage with contracting authorities.

    These include property developers, where we explain their rights and the finer points of the process during large public procurement tenders.

    We also act for a variety of private sector suppliers to assess whether they have been treated fairly and help them to make a challenge if a decision appears to be unjust.

    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.

  • Procurement Act 2023

    Although similar to the current law in many aspects, the Procurement Act 2023 will also radically shake up public procurement law, with new overriding objectives, a new approach to transparency and a more flexible approach to the choice of procurement procedures.

    Contracting authorities and utilities must be ready before it comes into force. Likewise, suppliers must understand their rights and what to look out for.  

    Our team can advise on what you need to do now to get ready for the new regime and keep you updated as things develop.

  • Projects

    Our procurement team is an integral part of our cross-departmental large scale infrastructure projects offering and contains experts with many years of involvement in high-profile public/private partnerships including PFI, Building Schools for the Future and high street regeneration schemes. 

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

  • Grant agreements and subsidy control

    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 have an understanding of subsidy control law, with strong links to expert counsel for detailed and timely advice on your obligations under the Subsidy Control Act 2022.

  • Academy conversions

    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).

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