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Procurement law

Procurement law is relevant to both public and private sector clients involved in the tendering of contracts for works, services and supplies of whatever nature.

Whether the contract in question is subject to the particular regime set by The Public Contracts Regulations 2006, or whether it falls outside, Hewitsons' procurement lawyers are experienced in providing practical as well as commercial advice to clients whether governmental bodies, public agencies and local authorities or suppliers, manufacturers, professionals and contractors whose businesses involve tendering to the public sector.

Procurement law is a fast developing area involving an application of European law as well as UK legislation to the operation and management of procurement processes. Recent legal developments in this area have seen the considerable enhancement of the remedies regime that applies for non compliance with public procurement law (potentially a completed public contract can now be made ineffective) as well as case law which has extended this area of law to local authority development schemes and to planning agreements.

Hewitsons has substantial experience of advising on the legal aspects of all stages of a procurement process, including in relation to:

• the preparation of contract advertisements and notices for publication in the Official Journal of the European Union
• advising on tender strategy
• pre-qualification selection documentation and criteria
• tender documentation and approaches to evaluation and scoring
• the drafting of contract notices and related documentation.

The new remedies for a failure to comply with the applicable procurement law which have resulted from EU law and which are now directly available in the UK, provide a whole new field of challenges which those undertaking tenders and those that are submitting tenders need to keep on top of. Where challenges to a tender process do arise, Hewitsons is able to advise in regard to undertaking or defending a challenge, including in regard to the timetables and procedures to be followed.