Public contracts, as well as the accompanying procurement process, can be complex and challenging to navigate, and when things go wrong, organisations need to act fast.
The Procurement Act 2023, passed by UK Parliament in October 2023, aims to simplify public procurement processes and give more opportunities to small business.
The Act represents the biggest change to UK public procurement since 2015 and its original ‘go-live’ has now been postponed from 28 October 2024 until 24 February 2025, to allow the new Labour government time to issue their National Procurement Policy Statement as provided for under the new Act. If you want to have your say the consultation survey issued by the Government Commercial Function is out now and you can participate here.
If you are concerned about what this delay could mean for your organisation, any planned procurements or expected tender advertisements your organisation was intending to bid for, please get in touch (using the contact form below) so we can discuss what this delay means for your organisation and your public procurement activities whether you are in the private or public sector.
Throughout the entire public procurement process, we can help authorities attain the best outcomes as well as assist bidding organisations to maximise success. The new Act will require all organisations to adapt to the new processes.
What do we do?
Non-contentious procurement advice
We advise bidders and contracting authorities on all aspects of the public procurement process and are skilled at advising on tenders run in accordance with the Public Contracts Regulations 2015 (PCR) and the new Act. Our public procurement work includes:
- reviewing and reporting on tender documents and the proposed contract;
- assisting with the clarification stage;
- preparing board and risk analysis reports as part of a tendering company’s internal approval process;
- advising as to the likely interpretation and meaning of the new ‘flexible’ procedure under the new Act;
- negotiating key issues in the contract, redrafting if necessary;Â
- finalising the documentation after the award has been made;
- advising on compliant post award contract modifications; and
- guiding private undertakings to navigating the new transparency notices to be best placed to identity new and repeat public procurement opportunities.
Getting your organisation ‘new Procurement Act ready’
If your organisation bids for public contracts we can help you maximise the opportunities available under the new transparent regime soon to be in effect.
The new Act aims to:
- improve transparency;
- support innovation;
- enable faster competitive processes; and
- support and make it easier for SMEs to bid for public contracts.
We are up to speed with the new Act and what it could mean for businesses watching out for the opportunities being advertised under the new ‘transparency’ regime. We are able to assist with bid preparation too under the new ‘flexible’ competitive process.
Get in touch by completing the form below to ensure your organisation is ‘new Procurement Act ready’ in time for 24 February 2025.
From the outset Gateley gave us the confidence to continue with our action, the legal advice provided was spot on which has now resulted in us achieving the successful outcome we had hoped for.
Contentious public procurement advice
Securing public services contracts can be very rewarding. But if those relationships go wrong there’s a lot at stake for both public authorities and the businesses that have invested in first tendering for and, if successful, servicing those contracts. If a dispute does happen, organisations need access to timely expertise and know-how to tackle any public procurement issues as quickly as possible.
With the new legislation afoot, we anticipate questions of interpretation and application are likely to increase the need for timely access to expertise and know-how, at the beginning at least. We are up to speed with the new Act and our extensive procurement experience and expertise dealing with transitional issues arising from historic developments in procurement legislation (from 2006 to 2015 and now to 2024 regimes) ensure we are amply equipped to answer your queries in respect of the likely interpretation of the changes being brought in by the new Act.Â
Get in touch by completing the form below to ensure your organisation is ‘new Procurement Act ready’ in time for 24 February 2025.
We provide the right legal advice, quickly and concisely, with an eye on the bigger commercial picture, agreeing with our public procurement clients on the longer-term strategy and implications of the challenge they are facing.
Our team is experienced in dealing with public procurement disputes, advising on:
- pre-qualification stage issues and how to deal with these, including through clarifications;
- issuing and defending applications to set aside contract awards;
- issuing and defending claims for damages and declarations of ineffectiveness;
- the legality of the procurement procedure; and
- the ways authorities can minimise the likelihood of a challenge.
We also deliver public procurement training to bidders and contracting authorities on the PCR and the rights and remedies for bidders if things go wrong as well as providing training on the Procurement Act 2023.
Who do we help?
We work with authorities and bidders on procurement issues throughout the process and advise all parties with regard to public procurement disputes if and when they arise.
