Procurement

Comprehensive guidance on a fast moving and evolving area of law

Hempsons has an established procurement practice and a national reputation for the provision of high quality legal advice and project management in this area. Procurement law is a fast moving and evolving area of law.

Procurement law presents a number of challenges for contracting authorities in ensuring that they comply with the Regulations, overarching EC Treaty principles, and the requirements of policy and guidance.

Suppliers should also be aware of the rules to improve their chances of successfully bidding/challenging.

For contracting authorities, Hempsons provides preventative procurement advice to manage risk, design robust and defensible procurement processes and defend procurement law challenges. In addition to all other policy and legal requirements impacting on this area of law, the team has in-depth understanding of the Public Contracts Regulations 2015 and the rules relating to utilities and concessions. The team is also experienced in understanding the commissioning of health and social care services under the NHS (Procurement, Patient Choice & Competition) (No.2) Regulations 2013 and the impact that the Light Touch Regime (LTR) has had on the commissioning of such services. We are therefore well placed to advise commissioners on compliance with their legal duties whilst allowing them to capitalise on the flexibilities available to them under the LTR. As well as expert legal advice we provide a pragmatic approach – we understand the commercial context and the different drivers affecting contracting authorities and suppliers.

For suppliers, we can advise and assist to help you navigate the complex interaction of common law rules, regulations and European Treaty principles governing the public procurement arena to achieve your objectives and win tenders. We can assist with preparation and/or scrutiny of proposed bid submissions to assist in responding to tender opportunities effectively and maximising your chances of success. Finally, we can assist in helping you understand award decisions and in challenging those decisions where appropriate.

The procurement team also work closely with colleagues advising on the procurement aspects of the development of new care models including Accountable Care Organisations/Systems.

Hempsons are currently advising Harrogate & District NHS Foundation Trust on an Alternative Service Delivery Model project and the team have substantial experience of advising on Strategic Estate Partnerships/Development Models including: Lancashire Care NHS Foundation Trust – the first FT to form such a partnership and University Hospitals of Southampton NHS Foundation Trust.

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  • Datawell project

    Advising Manchester Academic Health and Science Network on the “Datawell” project to identify a partner to work with the network to develop, implement and exploit a new IT solution to share data across network members. This project uses the new innovation partnership procurement procedure under the Public Contracts Regulations 2015.

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  • Dorset County Hospital NHS Foundation Trust

    We advised Dorset County Hospital NHS FT (DCH) on its successful procurement process to select a partner to form a Strategic Estates Partnership (SEP). We have advised through all stages of the process from initial project planning through to financial close and beyond.

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  • Ryhurst Limited

    Bidding support to become Strategic Estates Partner for Cheshire & Wirral Partnerships NHS Foundation Trust and formation of Villicare LLP.

    View Case study

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