Public Procurement Challenges and Public Procurement Litigation
Blake Morgan’s specialist team of public procurement litigation solicitors advise both bidders and contracting authorities on challenges arising from public procurements in all sectors.
Our extensive procurement expertise and up to date knowledge of both domestic and European law enables us to advise on the best course of action to adopt tailored to the circumstances in issue.
We have extensive experience of dealing with Court proceedings involving all kinds of procurement disputes and in negotiating settlements in this area, including through mediation.
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Main Areas Of Practice
Documentation
Our experts advise economic operators and contracting authorities on the lawfulness of procurement documents and whether they are lawful or open to challenge.
Lawfulness of the procurement process
We advise on the lawfulness of procurement processes and whether grounds of challenge exist. We deal with all types of challenges including those relating to evaluation criteria and scoring methodologies, manifest errors, sub-criteria, breaches of the principles of transparency, equal treatment, proportionality and non-discrimination and those involving limitation issues.
Standstill provisions
Our procurement experts advise on the information to which economic operators are entitled following the notification of the contract award including standstill obligations and standstill periods where applicable.
The automatic suspension
We are experienced in navigating with clients the implications of issuing Court proceedings and the effect of the automatic suspension, including dealing with applications to lift the automatic suspension.
State aid
We advise on the issue of state aid in procurement processes and advise on challenges based on allegations that there has been unlawful use of state aid.
Preserving confidentiality
Our experts are experienced in appropriately preserving confidentiality in commercially sensitive information by using confidentiality rings within procurement proceedings.
Judicial Review
The expertise of our procurement litigation team also extends to dealing with challenges to procurement decisions which may need to be brought by way of judicial review.
Related Expertise
Our Clients
We act for a substantial number of private sector clients ranging from large multi-national companies to charities and SMEs.
We also act for a substantial number of public sector organisations throughout the UK including Welsh Government, NHS England, NHS Wales Shared Services, all Local Health Boards in Wales, NHS bodies including CCGs and Trusts and a number of local authorities.
Highlights
Awards, Accolades and Accreditations
Procurement is changing, get ready with Blake Morgan
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Articles
Tomos Lewis was raised in Bangor, north Wales. His mother, Caren Lewis, was as passionate about the Welsh language as she was about her legal practice. A high street solicitor...
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Much of the coverage of the changes being brought in by the Procurement Act 2023 focuses on the competitive tendering procedures which precede the award of public contracts. Less attention...
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Can you exclude a non-compliant bid from a tender process? We look at a recent case that examined the lawfulness of rejecting a bid on the grounds of non-compliance with the...
Read MoreProcurement is changing, get ready with Blake Morgan
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