Procurement

Kennedys can advise clients on the implications that the EU procurement regime can have on their business.

EU directives and regulations implementing these directives in the UK require procuring authorities to advertise and put out to tender relevant contracts transparently and without discrimination. The Regulations confer rights on potential or unsuccessful tenderers that can lead to claims for damages and injunctions. Any claims have to be brought very promptly.

Kennedys has assisted clients in handling claims brought under the Regulations. We can work closely with clients to assist in interpreting the Regulations affecting their business and in gathering and presenting evidence in relation to the disputes.

Recent experience

• Advising a procuring authority defending a claim for £1 million damages brought under the Utilities Contracts Regulations relating to the tender process for two contracts for occupational health services. Confidentiality issues had to be addressed as the claim was brought by a competitor of the successful tenderer and tender submissions were subject to confidentiality restrictions
• Advising a procuring authority on a claim for an interim injunction and damages brought under the Utilities Contracts
• Regulations relating to the award of a new contract for the supply of railway sleepers
• Advising clients on potential claims and defences under the Regulations
• Kennedys also advises contractors, architects and others in the construction industry on the implications of procurement considerations on a range of publicly funded projects in the healthcare and local authority sectors