Regulated Procurement

A clear navigation through the complex landscape of government projects, enabling better procurement outcomes



Get in touch

For further advice please contact us for a consultation.

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+44 (0)3330 143 401 info@gunnercooke.com

Bespoke, in-depth and practical advice to public and private sector entities engaged in regulated procurement from our highly-experienced lawyers

Summary

Faced with an increasingly complex regulatory landscape, demand for clear and robust advice on the public and utilities procurement rules has never been greater.

Our lawyers have advised on some of the most sensitive, high-profile and complex government projects of recent years, with a combined value in excess of £40 billion, and we excel at helping awarding authorities meet their commercial, policy and social value goals whilst ensuring legal compliance. We have experience of advising a large number of central government departments, local authorities and utilities on the award of major contracts, framework agreements, outsourcings, public/private sector partnering arrangements and privatisations.

We act across a broad range of sectors, with particular expertise in energy, water, waste, transport, defence and IT. We also help bidders understand and navigate the constraints that apply to the award of government contracts, and to develop their tendering strategy. Our work helps you manage the implementation, financial, legal and reputation risks of working with government bodies.

Our work in Regulated Procurement includes:

  • Determining whether the procurement rules apply, and what compliance requires in practice
  • Designing a pre-market engagement strategy that doesn’t prejudice the subsequent competition
  • Assisting with the development of tender documentation, e.g. ensuring evaluation criteria are clear and robust
  • Stress-testing all key decisions in the course of a procurement to mitigate risk of challenge
  • Designing projects to fit within exceptions to the application of the procurement rules where available
  • Advising on post-contract modifications

Notable cases

  • Advising the MOD on the procurement law aspects of various significant projects, including the Future Defence Supply Chain initiative, the PPP and subsequent flotation of QinetiQ and the Military Flying Training System
  • Advising Transport for London on the procurement of a variety of complex IT contracts relating to the Congestion Charging Scheme and the Low Emission Zone, including on all stages of the procurement process, including market-testing, OJEU Notice, pre-qualification, drafting tender documents, bidder negotiations, award and debrief
  • Advising Network Rail, Yorkshire Forward and the National Railway Museum on the procurement law aspects of the £1.2 billion redevelopment of York Central
  • Advising OFGEM, OFREG and DETI in relation to procurement issues arising from various regulatory interventions in the gas and electricity markets in Great Britain and Northern Ireland
  • Advising the Department of Health and Social Care in relation to the award of a range of supplies and services contracts
  • Advising the Cabinet Office on procurement issues regarding plans to deploy 1GW of solar across the public estate and designing EU-law compliant, workable, risk-based solutions for procuring both the pilot projects and the private sector partner
  • Advising the Department for Work and Pensions on the award of major IT contracts and frameworks, including in relation to Pan Government Assets such as the Steria Club Agreement
  • Advising the Department of Business, Innovation and Skills (as was) on the establishment of the Energy Technologies Institute, a £1 billion public-private partnership, including on the procurement rules to the PPP

Who have our Partners worked with?

  • HM Treasury
  • Cabinet Office
  • Ministry of Defence
  • Department for Business, Innovation and Industrial Strategy
  • Department for Work and Pensions
  • Department of Health & Social Services
  • Transport for London

Client testimonials

“Tim takes a practical approach to advising his clients.”

– Procurement client

Key contacts

Ammar Al-Tabbaa

Partner

Regulated Procurement

Tim Heywood

Partner

Privacy, Regulatory, and Public law

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