How can we help you?
For contracting authorities/utilities, we can help with: planning a compliant procurement strategy; undertaking pre-market engagement, defending procurement challenges; drafting/reviewing procurement documents; designing evaluation methodology to achieve your commercial objectives; knowledge transfer and training/workshops; audit and review of procurement processes; and advising on changes to public contracts.
For bidders, we can help with: challenging procurement processes, shortlisting decisions and contract awards; providing workshops/training on the procurement rules and conducting negotiation sessions; advice on the novation/assignment of public contracts; and advising on "in-contract" modifications to public contracts. Given our experience in advising the public sector, we also advise bidders on their bidding strategy from pre-market engagement to contract award.
Examples of how we have helped our clients
- Advised the UK Government Department of Energy and Climate Change in respect of a major national project involving the roll-out of some 53 million smart gas and electricity meters to households and businesses in Great Britain (the Smart Metering Implementation Programme or SMIP);
- Securing a successful result for a major international technology company in respect of its disqualification from a public procurement process. We identified several issues with the way in which the process was conducted and enacted a strategy which resulted in the abandonment of the procurement. This enabled our client to participate in an improved re-procurement exercise, where the authority was able to utilise lessons learned from the original process;
- Providing strategic advice for a NHS Trust in respect of utilising the Innovation Partnerships procedure – to be the first one of its kind in the United Kingdom. The process would facilitate both the research and development and subsequent procurement of a hospital patient entertainment system;
- We regularly act for Isavia, the Icelandic-owned airport and air navigation operator, in respect of a range of procurements in accordance with the EU public procurement rules. Such projects include: the purchase of an explosive detection system at Keflavik International Airport (and the integration of that system into the airport's existing baggage handling system); and the procurement of contractors in respect of the airport's $1 billion expansion programme.
Bird & Bird have an international team of specialist procurement lawyers who would be happy to assist with challenges in a wide number of jurisdictions across the globe. Get in touch with any member of our team for further details.