Our commercial lawyers have extensive experience in advising on all aspects of public procurement and are well placed to assist on the full spectrum of procurement law challenges which may arise throughout the procurement process.  

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Procurement advice

We regularly advise clients on public procurement issues and are supported by our experienced Real Estate and Dispute Resolution teams to ensure that we deal efficiently with any procurement challenges that may arise.

We are well placed to advise corporations and government bodies on the acquisition of goods or services by governmental entities. A crucial aspect of public procurement is ensuring you submit a compliant bid as any non-adherence could result in exclusion from the process.

We have assisted many clients submit bids in which they were ultimately successful. A couple of examples of our recent work in this area includes:

  • Advising a services provider in respect of a series of contracts worth c£70 million with a public body.
  • Advising a service provider on outsourcing contract with UK bank – contract value c£80 million.


What is the difference between public and private procurement?

Public procurement involves government entities acquiring goods / services using public funds and can therefore be subject to more stringent regulation and transparency rules. Private procurement is available to any businesses and generally has more flexibility in order for the procurement to align with the business’s commercial objectives. The public sector generally operates for the interest of the general public and social benefit, whereas the private sector can be more profit driven.

What types of procurement work can Herrington Carmichael assist with?

We can advise on all procurement procedures, having helped clients with bids on an array of different procurements including competitive dialogue, competitive procedure with regulation and others. We can also assist with the preparation of tender and contract documents and any queries from bidders during the procurement process. We can also advise on applicable regulation such as the Public Contracts Regulations 2015. We can also provide procurement training and workshops to ensure general compliance with the regulations and associated guidance.

Can I negotiate the terms of the proposed contract?  

This very much depends on the type and nature of the procurement being undertaken. Sometimes part of the scoring is attributed to how many changes you would look to make to the contract and a markup would need to be provided. In other cases, the procurement would identify which clauses are negotiable and there is an opportunity to discuss changes to those clauses. We can certainly help review any procurement rules and identify areas where negotiation is possible and assist you with the entire process.

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