Simon McCann

Simon specialises in public and utilities procurement and major projects including construction, development, IT, energy saving partnerships, joint ventures and other vehicles.

Main areas of practice

Simon is experienced in setting up a wide range of vehicles to deliver public and charitable services.

Significant experience

Regional & Local Government

• Engaged by Welsh Government to draft specialist regulations (now in force) in relation to home energy efficiency, and acted as Special Adviser to a cross-party committee of Assembly Members set up to enquire into PFI/PPP and its possible future use in Wales.
• Welsh Government – New Fuel Poverty scheme – advising WG on all aspects of procurement of a partner to manage the scheme, administer grants and carry out energy improvement works to the homes of those in fuel poverty. Included drafting Regulations under the Housing Grants etc Act 1996, as well as drafting, negotiating and finalising contract documentation with British Gas. Currently advising Welsh Government on re-procurement of Scheme Manager for the related “Arbed” scheme (c.£45 million).

Health & Social Care

• NHS Surrey – advising on the procurement of a Community and Primary Care Services contract using Competitive Dialogue worth an estimated £500 million over 5 years
• Surrey PCT – Acting for NHS Surrey on the procurement exercise to find a partner for the £450 million divestment of community healthcare services (Virgin Care was successful), and the separate procurement of community healthcare services in Central Surrey valued at over £250 million (for which the successful bidder was a spin-out social enterprise company from the former PCT under Right to Request, Central Surrey Health). Both of these transactions involved transfer or continuance of clinical services, estates transfer, IT, and TUPE/Pensions issues and were procured using Competitive Dialogue. Both projects had a high degree of public scrutiny and challenge as well as political interest
• Diagnostics managed services – acting for Cardiff and Vale LHB in a £48 million, 15-year project for haematology and biochemistry equipment, for Public Health Wales in relation to the national contract for cervical screening, and for Welsh Blood Service on the national Blood Establishment Computer System (all using Competitive Dialogue). Currently working on several ongoing diagnostics managed services

Education

• Aberystwyth University student accommodation PPP – advising the private partner (Balfour Beatty) throughout the tender procedure (using Competitive Dialogue) and advising on all aspects of the completion of this £40M PPP scheme for student accommodation. Our work included advising on tender processes, drafting and negotiating the full range of project documentation, finance agreements, property and tax issues.
• Education PFIs – working for Cowlin Construction (and parent co Balfour Beatty Group in the last example) on a £17 million school project at Maesteg, a £37 million mixed academic/residential development at Plymouth University and £77 million PFI accommodation scheme at Exeter University. In each case we advised throughout the tender process and were involved in drafting/negotiating all the project documentation (including finance agreements).

Social Housing

• Caerphilly CBC – advising the Council on all aspects of their £93 million programme to achieve WHQS, including procurement of a supply chain partner, internal/external maintenance partners, and community benefits.

Third Sector / Charities

• Cardiff Foodbank – advising on the options for establishing the Foodbank, then advising and assisting with their application and registration as a charity.

Interests

Simon has spoken by invitation at a number of major conferences and has written a number of articles on health law, construction and procurement.  He regularly delivers training in procurement law and practice to English and Welsh public sector bodies.

Simon is also an experienced negotiator and a trained mediator and adjudicator as well as being experienced in ICE conciliation and a former member of the Chartered Institute of Arbitrators.

Expertise

• Government
• Public Procurement
• Technology
• Healthcare

Career

Simon qualified as a solicitor in 1993.