Andrew Daly

What Andrew can do for you

Andrew specialises in procurement law, acting for both contracting authorities and bidders. He utilises the knowledge gained from acting for clients on both sides of the fence, to provide pragmatic advice on running both defensible procurement processes, and also to challenge defective processes for bidders.

When acting for contracting authorities this work involves ensuring procurement processes are robust and defensible, and defending challenges brought by bidders. Andrew led on the successful and timely delivery of one of the first innovation partnership procedures under the Public Contracts Regulations 2015 and regularly advises on designing and structuring processes, drafting procurement documentation and defending procurement law challenges. He also acted for the commissioner in defending the first NHS v NHS procurement challenge to reach the courts.

When acting for bidders, Andrew seeks to challenge processes, looking at areas where the bidder has been discriminated against. He has successfully overturned a number of procurement processes on behalf of bidders.

Andrew is currently working on a number of large projects, including procurements of managed pathology services; advising on the implications of the Light Touch Regime, in particular within the context of accountable care systems; establishing wholly owned NHS subsidiary companies; projects to implement the recommendations of the Carter Review; as well as the Global Digital Exemplar scheme. He is also dealing with a number of procurement challenges.

Additionally, he advises our NHS clients on their statutory duties of consultation, and deals with primary care contracts for both clinical commissioning groups and practitioners. Again, Andrew utilises knowledge gained from acting for both sides.

Andrew regularly provides training on procurement law duties and writes articles for publications dealing with procurement. He is a regular speaker at HCSA events, in particular the HCSA Annual Conference.

Main areas of expertise

  • European procurement law (both to contracting authorities and bidders)
  • Tendering procedures (both to contracting authorities and bidders)
  • Statutory consultation
    Primary care contracting (both medical and dental)
  • General contracting advice

The clients he works with

  • NHS bodies, including NHS trusts, FTs and clinical commissioning groups
  • Charities
  • Practitioners
  • Third sector organisations
  • Bidders

Recent external publications

  • Unsuccessful bidder – what next? (Engage)

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