- Harrogate, Newcastle
- Procurement, Commercial
- 01423 724015
What Andrew can do for you
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
Foundation Trusts and NHS England will need to apply a lower procurement threshold from 16 August 2021
The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 (the “Amendment Regulations”) have been published.
New PPN Published: update to legal and policy requirements to publish procurement information on Contracts Finder
PPN 07/21 was published on 24 June 2021 and provides consolidated guidance that reminds public bodies of the requirements of the Public Contracts Regulations 2015 (PCR) to publish information about opportunities and awards over certain low value thresholds on Contracts Finder.
New PPN’s Published; National Procurement Policy Statement & Taking account of Carbon Reduction Plans
The fifth and sixth Procurement Policy Notes of 2021 have been published.
The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (SI 2021/573) (GPAR 2021) have been published and will come into force on 11 June 2021.
The Court of Justice of the European Union (“CJEU”) has recently considered the distinction between a lease (not caught by the Public Contracts Regulations 2015 (PCR)), and a public works contract (that could be caught by the PCR if it is over the relevant threshold and not otherwise exempt).
Hempsons has retained its place for all Lots on the North of England Commercial Procurement Collaborative (NOE CPC) framework for the full range of legal services covering: NHS Governance and Public Law; Healthcare Law; Mental Health Law; Employment Law; Contract and Commercial Law; Property Law; and Corporate Finance and PFI.
New PPN published; Requirements for contracts covered by the WTO Government Procurement Agreement & the UK-EU Trade &...
The second Procurement Policy Note of 2021 was published at the end of last week.
NHS England has today published its consultation on the proposed NHS Provider Selection Regime. The consultation on these proposals will run until 7 April 2021.
The Government has issued the first Procurement Policy Note of 2021, applicable to all contracting authorities.
As we all know, the transition period is currently due to expire at 11pm on 31 December 2020. There may be further developments between now and then, but as matters stand, what will the procurement law regulations require as of 1 January 2021?