The Government agenda, including the Right to Challenge in the Localism Act and the emphasis given to the need for diversity in the provision of services in the public sector in the Open Public Services White Paper, will mean extra pressure on the procurement function in local authorities. You will need a robust strategy for managing Expressions of Interest from relevant bodies who wish to carry out, or assist in carrying out, a council service, which withstands challenge.
There is no doubt that this will be an additional burden on top of the sometimes competing drivers to make savings, whilst improving services and to create and protect local / national jobs. On top of this, add the requirement to diversify the provision of services and this means there is a lot to balance in a sensible and sustainable procurement strategy, that doesn’t end up fragmenting services and costing more in the long term for short term gains.
Key challenges include:
- codification of Teckal Case clarifying use of in-house companies
- abolition of Parts A / B distinction
- introduction of new social care regime
- improvement of the new dynamic purchasing system
- introduction of ‘competitive’ negotiation – amending the negotiated procedure
- general simplification of the process
- new legislation for concessions.
Our highly regarded Public Procurement Team can ensure you are provided with timely and efficient advice on the most appropriate procurement process together with the effective management of your optimum process and the proper award of the contract. We can also explore the use of wholly owned trading companies owned by a Teckal company.
Our Team was created by handpicking lawyers that not only demonstrated in-depth legal knowledge but also extensive commercial experience – combining intelligent legal advice with a practical focus. Our lawyers have worked in a range of commercial and technical roles, both in the public and private sectors which gives them a unique insight into the issues and challenges facing both public and private sector clients.
Walker Morris’ Commercial Dispute Resolution Team is experienced in dealing with public law issues and is regularly instructed to provide advice on an urgent basis on procurement challenges.
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