Overview

Our experienced procurement and state aid team have supported clients of all sizes from local authorities and central government to utilities, higher education and housing associations.

We ensure that our advice is expedient, easy to understand and proportionate to our clients’ needs. We take a holistic approach to procurement, regularly working closely with other teams across the firm, such as property, construction, employment and regulatory to ensure that all aspects of the procurement process and the resultant contract are covered.

Our advice can be both technical and strategic in nature and we are able to provide proportionate support to our clients on all procurement and major project requirements.

Key contact

Emily advises the public sector on procurement, state aid and commercial contracts issues including; Dynamic Purchasing Systems (DPS), OJEU complaint tender processes, substantial amendments under the Public Contract Regulations (PCR) 2015 and Key Performance Indicators (KPI) and service credits in Commercial Contracts.

View team
Public procurement
 

Public procurement is a niche area of law that requires specialist advice to ensure the purchasing activity of contracting authorities complies with a suite of procurement legislation. Our lawyers have direct experience of advising on the full range of current procurement legislation including the Public Contracts Regulations 2015, the Defence and Security Public Contracts Regulations 2009, the Concessions Contracts Regulations 2016 and the Utilities Regulations 2016.

Our advice to contracting authorities includes:

  • Route to market
  • Advising on the procurement procedure to be used
  • Contract drafting
  • Contract management and KPIs
  • Employment and TUPE considerations
  • Property considerations, including drafting leases and licenses
  • Protection of Intellectual Property
  • Frameworks and Dynamic Purchasing Systems (DPS)
  • Drafting and advising on tender documents
  • End to end management of the procurement process
  • Tender evaluation
  • Award letters and the standstill period
  • Procurement challenges
State aid
 

State aid is a complex area of law that many in-house lawyers from the public sector require expert assistance. The consequences of State aid breaches are potentially serious and costly.

Seeking expert advice early on can mitigate against the risk of breach and our experienced team can advise on:

  • whether projects are captured by the state aid regime;
  • de minimis rules;
  • the use and application of exemptions – in particular the General Block Exemption Regulation (GBER);
  • state aid considerations in alternative delivery models for public services
  • state-aid implications when local authorities undertake commercial activities; and
  • advising on the structure of projects to ensure there is no unlawful state aid.

Public procurement is a niche area of law that requires specialist advice to ensure the purchasing activity of contracting authorities complies with a suite of procurement legislation. Our lawyers have direct experience of advising on the full range of current procurement legislation including the Public Contracts Regulations 2015, the Defence and Security Public Contracts Regulations 2009, the Concessions Contracts Regulations 2016 and the Utilities Regulations 2016.

Our advice to contracting authorities includes:

  • Route to market
  • Advising on the procurement procedure to be used
  • Contract drafting
  • Contract management and KPIs
  • Employment and TUPE considerations
  • Property considerations, including drafting leases and licenses
  • Protection of Intellectual Property
  • Frameworks and Dynamic Purchasing Systems (DPS)
  • Drafting and advising on tender documents
  • End to end management of the procurement process
  • Tender evaluation
  • Award letters and the standstill period
  • Procurement challenges

State aid is a complex area of law that many in-house lawyers from the public sector require expert assistance. The consequences of State aid breaches are potentially serious and costly.

Seeking expert advice early on can mitigate against the risk of breach and our experienced team can advise on:

  • whether projects are captured by the state aid regime;
  • de minimis rules;
  • the use and application of exemptions – in particular the General Block Exemption Regulation (GBER);
  • state aid considerations in alternative delivery models for public services
  • state-aid implications when local authorities undertake commercial activities; and
  • advising on the structure of projects to ensure there is no unlawful state aid.

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