Our experienced team of procurement solicitors provides advice and support to values-driven businesses on all aspects of procurement, procurement challenges and state aid.
We regularly work with values-driven businesses to guide them through the process of buying or selling goods, works or services. Our team of procurement solicitors are well placed to support values-driven businesses to deliver or bid for publicly funded projects where compliance with EU and domestic law surrounding public procurement and state aid is required.
We work with values-driven businesses to ensure their procurement processes are compliant with legislation, including The Public Contracts Regulations 2015 (PCR 2015). The legislation and processes in relation to procurement can be complex, our procurement team work can guide you through every step, from ensuring compliance to improving consistency to in-house procurement.
At Anthony Collins Solicitors our specialist team of procurement solicitors work together with values-driven businesses to understand the procurement challenges they are facing when buying or selling works, services or goods. We also advise our clients on state aid and help clients avoid risk of ‘claw back’ of funds, which can arise when there is unlawful use of state aid.
We understand that many of our social enterprise clients are looking to maximise the positive impact they can have on society and in their communities by developing, regenerating and maintaining the built environment. We are the legal pioneers of securing community benefits through contracts and helped Chris White MP with the Public Services (Social Value) Act 2012.
Our leading work supporting public-sector clients in delivering social value means we are well-placed to help community organisations achieve the same in their projects. We work with our clients who are bidding for public-contract opportunities to identify how they achieve social value in bid responses to improve their prospect of winning public-sector opportunities.
For those buying in works, services and supplies this means working with you to identify social-value objectives before procurement starts and ensuring it is delivered through careful design of the procurement process and documents.
Our public procurement and state aid service
At Anthony Collins Solicitors, our experienced procurement team regularly work with co-operatives and mutuals, social enterprises and commercial organisations to provide advice and support on all aspects of public procurement and state aid, including:
- Providing pre-procurement advice on soft-market testing and delivering social value.
- Advising on the choice of procurement process under PCR 2015, including the use of framework agreements and “buying clubs”.
- Drafting and advising on PCR-compliant procurement documents and underlying contracts.
- Supporting with bidders’ clarification questions and tender evaluation.
- Running full tender processes, including complex processes such as those involving negotiation or dialogue.
- Advising on the possibility of contract negotiations and variations after contract award.
- Empowering in-house teams through training or drafting procurement policies and toolkits.
- Advising on procurement challenges.
- Reviewing funding streams to highlight and mitigate state-aid risks.
- Advising on de Minimis declarations.
- Advising on the application of exemptions and notifications to the Commission.
- Reviewing and negotiating state-aid conditions within funding agreements.
- Providing strategic advice on avoiding state aid through competitive selection of suppliers.
We have been recognised for the work we do
Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
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.
The new thresholds will apply to all contracts let and procurements that begin after 1 January 2020.
“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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