Public Procurement

Public procurement involves complex regulations designed to ensure fairness, transparency, and value for money in government spending. Whether you're a public body running procurement exercises or a business bidding for public contracts, specialist legal guidance is essential to navigate these heavily regulated processes.

What Our Public Procurement Solicitors Can Help With

• Procurement Strategy: Designing compliant procurement processes and procedures
• Tender Documentation: Drafting invitation to tender and contract documents
• Bid Evaluation: Establishing fair and transparent evaluation criteria
• Framework Agreements: Setting up multi-supplier purchasing arrangements
• Dynamic Purchasing Systems: Electronic procurement system implementation
• Social Value Requirements: Incorporating Public Services (Social Value) Act duties
• Procurement Challenges: Defending or bringing procurement dispute proceedings
• Contract Award Procedures: Ensuring compliant award and standstill periods

UK Procurement Regulatory Framework

Key Legislation:

• Public Contracts Regulations 2015
• Utilities Contracts Regulations 2016
• Concession Contracts Regulations 2016
• Public Services (Social Value) Act 2012
• Freedom of Information Act 2000
• Equality Act 2010

Procurement Procedures:

• Open Procedure: All interested suppliers can submit tenders
• Restricted Procedure: Two-stage process with pre-qualification
• Competitive Procedure with Negotiation: Negotiation after initial tenders
• Competitive Dialogue: For complex contracts requiring development
• Innovation Partnership: For innovative solutions development

Common Procurement Challenges

For Public Bodies:

• Ensuring compliance with complex regulations
• Managing conflicts of interest
• Balancing commercial and social value objectives
• Dealing with unsuccessful bidder challenges
• Contract management and performance issues
• Freedom of Information Act compliance

For Bidders:

• Understanding procurement procedures and requirements
• Challenging unfair tender processes
• Consortium and joint venture arrangements
• Exclusion from procurement exercises
• Intellectual property protection in bids
• Contract terms negotiation and performance

Procurement Challenge Process

Automatic Suspension:

• Challenges must be brought within strict time limits
• Contract award suspended automatically during proceedings
• 10-day standstill period after contract award decision
• Court can order interim relief and damages

Available Remedies:

• Setting aside procurement decisions
• Requiring re-evaluation of tenders
• Monetary compensation for lost opportunities
• Ineffectiveness declarations for concluded contracts
• Civil penalties against contracting authorities

Social Value and Sustainability

Modern procurement must consider broader objectives:

• Social Value Act Compliance: Considering economic, social, and environmental benefits
• Local Supply Chains: Supporting local businesses and employment
• Environmental Standards: Sustainable procurement and carbon reduction
• Equality and Diversity: Fair access for SMEs and diverse suppliers
• Modern Slavery Prevention: Supply chain transparency requirements

Why Choose SolicitorConnect for Public Procurement

• Procurement Specialists: Solicitors focusing exclusively on public procurement law
• Dual Perspective: Experience representing both public bodies and bidders
• Regulatory Expertise: Deep knowledge of complex procurement regulations
• Commercial Understanding: Balancing legal compliance with business objectives
• Challenge Experience: Proven track record in procurement dispute proceedings
• Sector Knowledge: Understanding of specific sector procurement requirements

Public procurement requires specialist expertise to ensure compliance and maximize value while avoiding costly challenges and delays.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.