Our team has a comprehensive understanding of the new Procurement Act 2023 and the changes that apply under PFI contracts. They have a comprehensive knowledge of the associated draft regulations, and are well placed to effectively support organisations with procurements conducted under both the old and new procurement regimes.
The team are also experienced in supporting public sector clients in relation to market testing exercises, via competitive tendering, in respect of facilities management services during the operational phase of their PFI schemes.
Having extensive PFI knowledge and a strong understanding of the complexities and nuances associated with PFI facilities and contracts, we can also provide valuable support to your organisation in relation to public procurement exercises in respect of works at, or linked to, PFI facilities, to ensure the resulting arrangements are appropriately dovetail, and avoid unexpected liability on the part of our clients.
- For an NHS Foundation Trust, we ran the successful re-procurement (via the restricted procedure) of catering services at a PFI mental health hospital, drafting the contract, advising on a variety of tricky and interesting public procurement law compliance points and preparing the tender evaluation report to the Trust board.
- We were heavily involved in the re-procurement of two facilities management contracts, one for grounds and gardens maintenance services and the other for car park and security services at a PFI mental health hospital, again via the restricted procedure. We drafted and finalised the contracts, which had to mirror the relevant PFI Contract terms, and assisted the NHS Foundation Trust client with the procurement documentation and bidder briefings.
- We are assisting an NHS Foundation Trust in relation to the procurement, using the competitive procedure with negotiation, of extensive defects rectification works at its PFI facility, including:
- Drafting and advising on the NEC4 construction contract;
- Drafting and advising on consultant appointments and their novation to the contractor;
- Drafting the procurement documentation, including the PIN, contract notice, selection questionnaire and invitation to tender documentation;
- Advising on process and compliance; and
- Suggesting solutions and alternative approaches to address key issues.