There are four different strands to the developing public procurement landscape post-Brexit.
Our experienced team of procurement solicitors can offer support and advice on all aspects of procurement, procurement challenges and state aid.
When a health and social care provider bids to enter into a supply contract, a works contract or a services contracts, the award of the contract will be covered by European and procurement law. A key piece of legislation in relation to the procurement of works, services or supply contracts is the public contracts regulations, which set out how procurement processes should be run.
At Anthony Collins Solicitors, we use our extensive sector, procurement- and European-law knowledge and experience to work in partnership with you to advise and support with all aspects of procurement processes, including strategic procurement advice in relation to policies and procedures, advice on state-aid law and funding arrangements and bringing and defending procurement challenges.
Procurement challenges can arise when unsuccessful bidders or the contracting organisation make claims of the procurement process being run unfairly. If procurement challenges arise, our specialist team of procurement solicitors can advise on how to deal with the challenges in an effective and efficient way.
We work with bidders and contracting authorities to defend and bring claims of unfair procurement processes. As experienced mediators, we can support both parties to reach a workable resolution through mediation; avoiding costly and time consuming court proceedings. If a bidder or contracting organisation feels that the procurement process has been run unfairly we can advise on whether they have a case and assess the risk involved of bringing the challenge.
Our procurement and state aid services
Our specialist team of procurement solicitors work with bidders and contracting organisations to advise and support them on all aspects of procurement and procurement challenges, including:
- ensuring appropriate procurement policies, procedures and documentation are in place;
- ensuring procurement process comply with procurement and European law;
- supporting clients through issues to ensure a successful procurement process;
- advising on state-aid law and funding arrangements, including complaints to, and proceedings by, the European Commission;
- providing procurement training to organisations and trade bodies;
- advising unsuccessful bidders and contracting authorities on whether they have grounds to bring a procurement challenge and advise them on the associated risks;
- resolving procurement challenges through mediation; and
- defending judicial review proceedings and claims.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
We now know what the short-term holds for public procurement at the end of the Brexit transitional period.
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
In a comprehensive judgement, the High Court rejected a challenge by Stagecoach to the procurement of new franchises for the South Eastern, East Midlands and West Coast rail lines.
The Government has released Procurement Policy Note 04/20 “Recovery and Transition from Covid-19” (the PPN), building on and updating PPN 02/20.
What is the correct approach for contracting authorities to adopt during these times, to navigate effectively the urgency of the situation alongside the legal duties on public sector organisations?
The new thresholds will apply to all contracts let and procurements that begin after 1 January 2020.
On 7 March 2019, the updated NHS Standard Contract was published – what changes have been made and how should care providers respond?
“Frustration” enables a party to get out of a contract where new circumstances make performance of that contract impossible or illegal.
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