Public procurement

Procurement processes are exercises where, with the right approach, time and effort can be saved, and value added, at almost every turn. We offer a comprehensive range of services which fully recognise this and seeks to make our clients’ EU-regulated procurements as wrinkle-free as possible.

Forthcoming legislative changes will mean that some signed contracts between purchasers and suppliers will run the risk of being declared ineffective if there have been procedural irregularities during the procurement – a potentially huge worry for the uninitiated, but one which can be avoided with an awareness of where the risks are, and effective forward planning.

How Hill Dickinson can work with you

So it is now clear that there is a need to be fully aware of what the EU rules and principles might require, at every stage of any procurement. This might seem like bad news: we take the view that it need not be, since an increased awareness of the way these rules operate can easily be turned into an opportunity to formulate new procurement routes and work-streams which are more efficient, quicker and more robust, and which at the same time can lead to a better result.

Examples of the risks which are inherent in a regulated procurement, and which can be avoided with our help, include the following:

• Evaluation criteria. There is now a host of regulatory law that restricts freedom of selection of evaluation criteria and the way they can be applied.  Historically, however, there has been a tendency for purchasers to give little (or inadequate) thought to the effective planning of evaluation criteria and the relationship between them, despite the fact that doing so can immeasurably improve the result of a procurement and the value to the public of the chosen solution. Similarly, the interplay between price and non-price criteria can often influence the outcome of a procurement and, structured correctly, can lead to increased overall value being achieved.
• Ordering of steps. In any type of procurement, the way in which work streams are organised and co-ordinated can make the difference between a procurement which leads to the right result and one which does not. Though always important, recent developments have shown that organising work in particular ways and being innovative in the way purchasing exercises are structured can ultimately determine whether a procurement is a success or a failure.   Whilst there is now a particular need for careful ordering in the more complex procurements, the same principles can be applied to any procurement to improve both the efficiency of the process and the result.
• Levels of advertising. Careful attention now needs to be paid to the level of exposure any contract is given to competition – not just those for fully-regulated services or work and not just those above the threshold.  We offer pragmatic advice to ensure that commercial objectives are met and, at the same time, a safe legal course is steered.
• Choice of procedure. The freedom to choose a procurement procedure is now more restricted than ever, and regulators have started to take careful note of which procedures are selected.   It used to be assumed that a signed contract following a procurement exercise could not be undone: recent movements in the law have now confounded this assumption.  Again, we can help spot the issues – and then help address them.
• Standstills and debriefing. We can offer dedicated advice around the ways to conduct debriefs in a compliant way, so as to ensure that the right information is imparted in the right way, at the right time, and with the aim of avoiding challenges later.

Even though we are ideally equipped to deliver our expertise across the whole of the public sector, the extent and depth of our health practice enables us to interpret government policy on the changing NHS in the light of the wider requirements of public procurement law and the principles deriving from the Treaty of Rome. The result is a completely harmonised service package in which our NHS clients are able to identify strategies and pathways for commissioning services from the private sector in a way that both complies with the law and respects government policy.

Our ability to help is not confined to the public purchaser.  We are also able to assist potential suppliers plan a strategic approach to bidding, by turning the EU rules on their head and assisting suppliers in their ability no only to be able to recognise and interpret correctly purchasers’ requirements, but also to establish whether procurement rules and overriding principles have been properly applied.  We are able to help suppliers work out whether it would be in their commercial interest to challenge award decisions, and to guide them through the process if they do.