Public procurement – working with contracting authorities

Andrew Daly

Health and Social Care Procurement Head & LEAD CONTACT

• Harrogate, Newcastle
• procurement, commercial
• a.daly@hempsons.co.uk
• 01423 724015

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For contracting authorities, Hempsons provides preventative procurement advice to manage risk, design robust and defensible procurement processes and defend procurement law challenges.

Within a health and social care context, procurement falls within:

1. Processes under the Procurement Act 2023
2. Legacy processes under the Public Contracts Regulations 2015
3. Health care services procurements under the Provider Selection Regime (PSR)

We have extensive experience of all three. We are therefore well placed to advise on compliance with legal duties. 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.

We advise on all aspects of public procurement law, from pre-procurement and market engagement, the initial advertisement of a contract opportunity through the invitation to tender and the evaluation of bid returns to post-award contract negotiations and advice on the renewal and extension of service contracts upon expiry in accordance with the applicable procurement regime.

We are involved in the project management of tendering processes for our clients. We advise on the timetabling of each significant element of the process and arrange support for teams including training on evaluation methodologies.

Key Services for contracting authorities

We advise contracting authorities at all stages of a process: market engagement; during a process; and post award. We also provide training on matters such as evaluation and risk.

The main issues we are currently advising contracting authorities on:

• Determining which procurement law regime applies
• Applying the requirements of the Procurement Act 2023
• Compliance with the requirements of the Provider Selection Regime 2023
• Applying the Public Contracts Regulations 2015 where applicable
• 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.
• Running processes to select strategic estates partners
• Designing and structuring processes, drafting procurement documentation and advising throughout various process under the open, restricted and competitive dialogue procedures
• Defending procurement law challenges
• Defending representations under the Provider Selection Regime
• Advising on the extent to which existing contracts can be varied

Contact us

Public procurement can be complex, but expert advice at the right time can help reduce risk, avoid disputes and deliver successful outcomes. To find out how our procurement specialists can support your organisation, get in touch with the team today.