Andrew Daly

Andrew is a partner and the head of procurement within Hempsons’ specialist procurement law team. He has over 21 years’ experience of working with the NHS and specialises in procurement law, acting both for contracting authorities and bidders.

Andrew utilises the knowledge gained from acting for clients on both sides of the fence to provide pragmatic advice on running defensible procurement processes/defending procurement law challenges, and also to advise bidders on improving their chances of success/challenging defective processes. This covers advice under the Procurement Act 2023, the Public Contracts Regulations 2015 and the Health Care Service (Provider Selection Regime) Regulations 2023 (PSR).

Andrew led the team that worked alongside the NHS England policy team and NHS England legal team, advising on the development of the PSR. This work has included advising on the PSR Regulations themselves (inputting into the drafting of the Regulations, the drafting of which was led by DHSC), and the development of the statutory guidance and the toolkits developed by NHS England to support the introduction of the PSR.

Andrew led the team that recently supported Leeds Teaching Hospitals NHS Trust, Calderdale and Huddersfield NHS FT and Mid Yorkshire Teaching NHS Trust for the procurement of a pathology managed service contract across the three Trusts. Our work on this project was recognised when we won the ‘Best Legal Services Partnership with the NHS’ at the 2024 HSJ Partnership Awards.

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 advised the two Trusts in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC).

Andrew is currently working on a number of large projects, including:

• the design and running of procurement processes for various managed services projects
• the design and running of procurement processes for goods, services and works, for example EPR systems, capital purchases and linen and laundry services
• successfully calling off framework agreements
• the implications of the PSR
• designing and structuring processes, drafting procurement documentation and advising throughout various process
• defending procurement law challenges
• advising on the extent to which existing contracts can be varied
• how best to maximise the chances of being successful when bidding
• challenging tender processes

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 and regular HCSA SupplyCasts.