- Harrogate, Newcastle
- procurement, commercial
- 01423 724015
Andrew is a partner and the head of procurement within Hempsons’ specialist procurement law team. He has over 17 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.
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 recently advised the two trusts in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council  EWHC 1589 (TCC).
Andrew is currently working on a number of large projects, including:
- 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 Light Touch Regime, in particular within the context of ICSs
- designing and structuring processes, drafting procurement documentation and advising throughout various process under the open, restricted and competitive dialogue procedures
- 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 is also currently advising on the implications of the current consultations for changes in procurement law, as well as specific changes to the commissioning of healthcare services.
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
The Health Care Services (Provider Selection Regime) Regulations 2023 came into force on 1 January 2024. Head of procurement Andrew Daly provides an update on the new rules and guidance.
The Health Care Services (Provider Selection Regime) Regulations 2023 (“PSR Regulations”) will come into force on 1 January 2024. “Relevant Authorities” (which includes ICBs and NHS Trusts/Foundation Trusts, NHS England, local and combined authorities) need to take steps to prepare for the regime for procuring relevant health care services in England.
The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024
The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024 (as expected).
The Procurement Act 2023 received Royal Assent on 26 October; the link to the Act has now been published
The Procurement Act 2023 will come into force in October 2024 (date to be confirmed). The secondary legislation that will sit under the Procurement Act 2023 will be laid before Parliament in early 2024. These regulations will contain some of the detail as to how the Act will work in practice. During the implementation phase, we will be providing updates on what the Procurement Act 2023 will mean in practice for contracting authorities now that the content has been agreed by both Houses.
The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2024.
What will the Provider Selection Regime mean when procuring health care services? Head of procurement Andrew Daly explains.
The Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before Parliament today
The Health Care Services (Provider Selection Regime) Regulations 2023 (the “Regulations”), have been laid before Parliament today, 19 October. NHS England has published the draft Statutory Guidance and draft associated implementation products.
It has been announced today by NHS England that the DHSC plans to introduce the Provider Selection Regime (PSR) regulations into Parliament on 19 October 2023.
It has been announced that the date for commencement of the Procurement Bill is now likely to be in October 2024. Read the full details in our update.
We published an update on 13 March 2023 to highlight the publication of the new Standard Selection Questionnaire within PPN 03/23. This new version was stated to need to be used from 1 April 2023.