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Public procurement lawyers

Pinsent Masons, the law firm behind OUT-LAW.COM, has one of the largest and longest-established public procurement teams in private practice in the UK.

Our 18-strong EU and Competition Group includes nine highly-regarded specialists with particular expertise in this area, including partner Kate Rees (rated by Chambers Guide as “a national leader” for public procurement advice) and Brussels-based Barbara Linehan (rated by the Legal 500 directory as “recommended” for procurement work).

We have a wealth of experience from working with a wide variety of clients, both in relation to one-off major projects and day-to-day procurement issues. This, together with our knowledge of all aspects of the procurement rules, including the relevant EU directives and the large body of UK and EU court decisions,   allows us to devise creative commercial solutions to clients’ problems, from advice on structuring transactions in a way that avoids or minimises application of the rules, through running competitions for projects caught by the rules, to bringing/ defending challenges.

Moreover our excellent links with relevant OGC and European Commission personnel help keep us abreast of the authorities’ policies and enforcement priorities and enable us to give clients realistic risk assessments in circumstances where breaches cannot be avoided.

We have a strong track record of advising on many new areas of law as well as those areas which are increasingly moving up the enforcement agenda, such as:

  • evaluation and debriefing strategies
  • the growing trend for procurement challenges
  • using frameworks legally
  • how to get the most out of the Competitive Dialogue procedure
  • the procurement aspects of shared services
  • regeneration projects involving mixed land sale/development agreements

Our clients include:

  • Central Government departments
  • Police and Fire Authorities
  • NHS Trusts
  • Local Authorities
  • Universities
  • Major utilities
  • Regional Development Agencies
  • Registered Social Landlords
  • Private contractors

What others say about us

  • “First class public procurement specialist”, Chambers Guide, 2004 edition
  • “…a leading public procurement practice”, Legal 500, 2003 edition
  • “…a vibrant public procurement practice capable of
    securing the largest mandates …”, Chambers Guide, 2003 edition
  • “Unrivalled non-City public procurement ability”, Chambers Guide, 2000 edition

Examples of our recent work

  • Advising the Department for Communities and Local Government on its concurrent procurements to establish and operate two Tenancy Deposit Schemes
  • Advice to a District Council and a Regional Agency on the public procurement and State aid aspects of the redevelopment of a town centre, under which the developer was to finance the scheme and take ownership of the development
  • Acting for a leading waste management provider during the procurement of a £600 million waste management contract involving three local authorities
  • Advising the Department of Public Enterprise (Ireland) on all procurement, competition and State aid issues arising on award of the operating concession for the Dublin Light Rail System
  • Advising a major water/sewage utility on the £3 billion outsourcing of the design and implementation of engineering projects and repair and maintenance services
  • Advising a large energy utility extensively on day-to-day procurement problems and application of the utilities directive to its various businesses
  • Advising English Partnerships, South East England Development Agency, Highlands and Islands Enterprise and many others on the procurement aspects of a variety of regeneration initiatives
  • Advising Registered Social Landlords on the ramifications of RSLs’ status as contracting authorities and devising strategies to minimise impact of the Rules
  • Advising the Clyde Solway consortium of local authorities (an unsuccessful tenderer in a major roads maintenance procurement) on its options for challenge and eventually lodging a (successful) complaint with the European Commission
  • Applying for an English High Court injunction on behalf of DeVilbiss Medequip Limited to restrain the Department of Health from concluding contracts allegedly awarded in breach of the Rules
  • Applying under the procurement rules for an English High Court injunction on behalf of BFS to restrain the Ministry of Defence from awarding a food service contract to another supplier 
  • Advising a Central Government Department on successfully resolving a mid-tender process complaint raised by a disgruntled tenderer without resorting to litigation
  • Advising various local authorities on structuring tender processes for various major town centre regeneration projects

Contact

Find out more about our public procurement lawyers or contact:

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