Procurement law

Expert legal advice on procurement procedure and regulation

Procurement is a highly regulated, fast moving and complex area. Sitting at the heart of most businesses, it can be a resource intensive and time consuming process, with the added pressure of potential legal challenges. As highly experienced procurement lawyers, we provide easily distilled advice that recognises the unique characteristics of your business and focuses on the real risks you face. Advice that is practical from the outset, reduces cost and risk during the process.

As experts in the Public Contracts Regulations 2015 (as amended) we have advised on hundreds of tenders across a wide range of sectors including housing, construction, infrastructure, IT, energy, and education, and regularly act for bidders participating in tenders. Our contracting authority clients include local authorities, housing associations, police authorities, further education establishments and local government.

Our extensive experience enables us to anticipate the “pinch points” likely to arise during the process. We use our collective experience to find the right solution for your contract requirements, whether it be a new procurement, a modification to an existing contract or a direct award from a framework.

How our procurement solicitors can help

Our multidisciplinary team of procurement solicitors can advise you on all aspects of procurement, including:

• Reviewing procurement strategies
• Reviewing procurement documents, including contract notices, selection questionnaires and invitations to tender
• Reviewing evaluation and award criteria
• Attending dialogue and negotiation meetings
• Setting up framework agreements and calling-off from them
• Advising on the negotiated procedure without notice
• Advising on modifications to contracts
• Reviewing standstill letters
• Reviewing VEAT notices and contract award notices
• Advising on joint ventures with the private sector and collaboration with the public sector
• Advising on exemptions, including the land exemption
• Procurement disputes i.e. challenging or defending a public procurement contract award

Recent examples of our procurement law team’s work

• Advising an entity subject to both the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016 on its £1bn framework agreement for provision of an energy provider to relieve fuel poverty, procured by way of the Competitive Dialogue.
• Advising a university on its procurement of a project manager and architect under the Restricted procedure in relation to the redevelopment of its campus and new teaching centre.
• Advising numerous registered providers on the procurement of their responsive repairs and maintenance and gas servicing programmes, including where wholly owned subsidiaries were used for the workforce.
• Advising numerous local authorities on their regeneration schemes, including how these could be structured as land deals rather than public works contracts.
• Advising a large contracting authority on its IT Towers procurement, conducted under the Competitive Procedure with Negotiation.
• Advising a transport organisation in relation to its procurement for framework agreements for joint venture developer partners to regenerate numerous sites across the capital, worth up to £3.6bn.
• Advising a local authority on the appointment of a development manager to oversee the proposed regeneration of land in the capital.
• Advising contracting authorities in relation to setting up and calling off from framework agreements for catering services.
• Advising a large utility on contracts awarded under the Negotiated Procedure without notice and providing advice in relation to substantial change.

What our clients say about us

‘We have a very good impression of Clarke Willmott. We appreciate the personal approach and timely responses to our needs’. Chambers UK 2020

Contact a specialist procurement lawyer today

To find out how our procurement law team can support your business or project, please contact one of our lawyers directly or call 0800 652 8025.

Clarke Willmott has offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.