Contentious procurement
At °ÄÃÅÁùºÏ²Ê×ÊÁÏ, we have some of the best, most specialist lawyers advising and acting for contracting authorities and bidders in relation to challenges to public procurement processes.
We offer a unified service on all aspects of complex procurement issues to clients, including NHS England, Homes England and over 200 local authorities.
Our specialists have a proven track record for managing complex claims and guiding clients through all aspects of a procurement challenge. We are your go-to advisers in matters involving contentious procurement. No problem is too big or too small. We’re known for our adaptable, practical approach, as well as our focus on commercial results.
We’re proud to have our fingers on the pulse when it comes to:
- drafting and reviewing tender documents and award evaluation criteria to identify any flaws in the procurement process.
- advising clients on the risk of a successful challenge to a newly awarded public contract.
- inviting contracting authorities to rerun tender processes when a flaw has been identified.
- advising contracting authorities on the risks associated with abandoning a procurement process.
- making or resisting pre-action requests for disclosure or further information.
- bringing or defending judicial review proceedings alongside a procurement challenge.
- advising successful bidders on their rights and options in connection with intervening in judicial proceedings when a challenge has been brought by an unsuccessful bidder.
- advising contracting authorities on whether to apply to lift the automatic suspension and resisting such applications when acting for the challenger.
- reducing the resource burden on contracting authorities regarding disclosure and the preparation of witness statements.
- protecting confidential material by establishing confidentiality rings.
- achieving settled outcomes to avoid costly litigation.
Featured experience
An NHS Trust
Successfully acting for an NHS Trust (the preferred provider) in a claim brought by the incumbent over the award of the £320m treatment centre contract. Our knowledge and expertise in NHS policy (including the Long-Term Plan), application of state aid law, governance and strategy was integral to explaining to the court the importance of the contract award being allowed to proceed to secure patient and system benefits.
Challenging a decision
Challenging a decision made by a regional police force in relation to a tender for weapons. The matter was resolved by consent.Â
Defending a challenge
Defending a challenge brought only a few weeks before the framework under which the mini-competition was run would come to an end. We worked with the client to develop a low-risk, commercially pragmatic solution whereby the procurement was abandoned, and the claim withdrawn with no order as to costs on the basis that the proceedings had become academic. Â
Successfully challenging a procurement process
Successfully challenging a procurement process relating to the tender for services by a central government body. The matter was resolved by consent with our client being awarded a contract with the highest possible value. Â
Key contacts
Peter Ware
Partner
Anja Beriro
Partner
Matthew Alderton
Partner
Angelica Hymers
Senior Associate
Rachel Whitaker
Partner
Louise Bennett
Senior Associate
Bradley Martin
Partner
Alex Lucas
Associate
Hannah Payne
Senior Associate
You may be interested in...
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Procurement Act 2023 implementation date delayed: Here’s what you need to do now
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
What impact will the Procurement Act 2023 have on resolving contractual disputes?
Press Release
°ÄÃÅÁùºÏ²Ê×ÊÁÏ appoints Jan Cumming as legal director to Government practice
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
PPN 01/24: Carbon reduction contract schedule
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Landmark judgment in OCS Group UK Limited v Community Health Partnerships Limited
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Braceurself Ltd v NHS England 2024: Court of Appeal procurement case decision
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Procurement reform: Making poor performance a thing of the past
On-Demand
Provider Selection Regime – change is coming, what does it mean for you?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Procurement Bill: Competitive flexible procedure, how will this work in practice?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Procurement Bill - Are they still playing ping-pong?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
PPN 08/23: using standard contracts
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Guidance on contract changes: James Waste Management LLP v Essex County Council
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Case summary: the importance of bringing a procurement claim within the appropriate time limits
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
New obligations for Welsh public bodies on social partnership and socially responsible procurement
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Challenging procurement decisions by way of Judicial Review - the key principles
On-Demand
'Getting ready to reform – preparing for the new Procurement Bill' webinar
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Changes to the Standard Selection Questionnaire effective from 1 April 2023
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Automatic suspension and procurement law
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Public matters newsletter
Public matters - February 2023
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Procurement Bill debarment regime and ECHR issues
Published Article
Digital Twin Technologies: key legal contractual considerations
Guide - Procurement Act
Public procurement: key facts and compliance considerations
Published Article
Reaching cloud nine? Public procurement for cloud-based services
Opinion - Procurement Act
Procurement Bill - what’s new in 2022?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Pre procurement planning the importance of early market engagement
On-Demand - Procurement Act
Get ready for reform: The new Procurement Bill
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
The Procurement Bill - selection, exclusion, conflict of interests and debarment
Published Article
Sustainability in construction
The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.
Opinion
Responding to Grenfell – Slow progress is better than none
As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Modern Slavery and the NHS – new challenges on the horizon for NHS bodies and their suppliers
According to a report published by the Financial Reporting Council in April, modern slavery generates an estimated US$150 billion annually and encompasses 40 million people in slavery globally.
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Public procurement: Plus ça change, plus c’est la même choses
On-Demand - Procurement Act
Procurement Bill - key changes and how will it affect you?
On-Demand
Commissioning Health Tech in an ICS World
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Progress of procurement reforms
As we look ahead to planned and potential legal developments in 2022, one area we have been keeping a close eye on is the progress of the Government’s planned reforms to procurement law.
![R (Good Law Project) v Minister for the Cabinet Office [2022] EWCA Civ 21](/getattachment/fd7ef6b0-4852-4675-8999-21545d0a2812/gov-shutterstock_120064627.jpg?variant=HeroImageTabletVariantDefinition)
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
R (Good Law Project) v Minister for the Cabinet Office [2022] EWCA Civ 21
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Procurement Policy Notice 09/21: Update to legal and policy requirements to publish procurement information on Contracts Finder
The Cabinet Office updated Procurement Policy Notice 09/21 and accompanying guidance in December 2021, which replaces PPN 07/21. We outline its scope, associated guidance and impact for contracting authorities.
Published Article
Transforming public procurement – the road to flexibility?
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Long Read: Transforming Public Procurement: Government Response to Consultation
We review in detail the key highlights from the responses.
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Managing consortium bids
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Procurement Policy Note 10/20: key changes and considerations for contracting authorities post the UK-EU transition period
What is the current impact for contracting authorities of the PPN?