Procurement

In today’s rapidly evolving marketplace, organisations face significant pressure to optimise their procurement strategies, in order to maximise efficiency, value, and compliance. Our specialist team combines extensive legal expertise, commercial insight, and a pragmatic approach to guide clients through complex procurement processes. We understand the intricacies of the regulations and commercial realities they face, positioning us ideally to deliver outcomes that enhance purchasing power and mitigate risk.

Proactive procurement strategies

At Penningtons Manches Cooper, we support a range of clients, including local and central government, government agencies, universities, colleges, research facilities and utility companies, on all aspects of the public procurement process. Our lawyers provide specialist guidance on the requirements of the UK’s Procurement Act 2023, as well as the impact of ever-changing case law.

In addition, we advise on other related legal issues such as competition law, subsidy control, public sector powers and freedom of information matters where they overlap with public procurement. In doing so, our team draws on experts from a range of practice areas including commercial, competition, construction, development, corporate and dispute resolution.

We provide proactive guidance to help clients develop their strategies for dealing with the public sector procurement rules, from the initial commercial assessment to the final award, and then to contract management and change control. In particular, we regularly assist housing associations and developers with the implications of procurement and how best to minimise the impact of the regulations in the context of development, and in procuring works and services.

Additionally, we specialise in advising clients on procurement challenges and defence strategies, dealing effectively with situations involving ‘material change’, and creating compliant and commercially advantageous framework agreements.

Their team demonstrates a deep understanding of our requirements and provides a comprehensive approach and innovative solutions.

Our expertise also extends to supporting suppliers and contractors when they respond to invitations to tender, requests for proposals, and requirements specifications issued by public sector bodies. We ensure that our clients receive the maximum potential benefit from the procurement rules.

We pride ourselves on our collaborative relationships and industry connections, most notably our close association with the Chartered Institute of Purchasing and Supply (CIPS), and we are committed to remaining at the forefront of procurement best practices.

How we help our clients

Invitation to tender documentation

Bid evaluation and preparation

Procurement risk mitigation

All the current procurement processes, including competitive dialogue

Major projects, including strategic advice, structuring, and drafting the OJEU notice

Joint ventures and other business structures for consortium vehicles

‘Material change’ and whether new procurement processes are required

Framework agreements

Public procurement challenges and defences

What set them apart for me was their understanding of our business needs and desired outcomes, as well as their ability to deliver tailored and dynamic legal strategies at each stage.

We feel that the individuals at Penningtons Manches Cooper are not just legal professionals; they are trusted advisors committed to delivering exceptional results for their clients.

Recent work highlights

UK solar projects

Advising on a number of solar projects across the UK requiring detailed advice on procurement, structuring and benchmarking issues, as well as legal and commercial guidance in respect of the project documentation.

Housing and investment

Assisting with a £600 million housing and investment programme, including initial scheme set up advice, procurement and structuring strategies, and all delivery and maintenance contracts and arrangements.

Procurement process challenge

Acting for a supplier of business support services to the NHS in a challenge to the procurement process operated by the awarding body for a critical framework contract, resulting in a reconsideration of the award process.

EV charging stations

Assisting with the procurement implications of a range of initiatives and variations relating to the supply and installation of charging stations.

State-owned public procurement

Providing guidance to a state-owned enterprise on whether its status and activities brought it within the scope of public procurement rules.

AfricaConnect internet project

Acting for DANTE in the procurement of routing, out-of-band, and flow analysis solution and ancillary equipment for the AfricaConnect Project, which is establishing a high-capacity internet network for research and education in Southern and Eastern Africa.

Major housing developments

Advising developers and G15 housing associations in connection with the procurement implications of major developments and joint ventures and on private rented sector market structures so as to minimise procurement hurdles.

Housing association IT projects

Assisting Sovereign Housing Association with the procurement of a number of IT and telecommunication projects, including a customer interaction management system and a telephony and unified communications system.