- Harrogate, Newcastle
- Procurement, Commercial
- 01423 724015
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
- Third sector organisations
Recent external publications
- Unsuccessful bidder – what next? (Engage)
NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.
With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.
The European Commission announced revised threshold limits for public procurements on 19th December 2017, together with the official rates for converting these limits into pounds sterling. These revised limits will apply from 1 January 2018 to all contract opportunities arising on or after that date.
There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.
The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.