Procurement and Subsidy Control
Advising the Department of Health & Social Care on the procurement of a Framework Agreement and subsequent Dynamic Purchasing System for the purchase of lateral flow testing devices for the detection of COVID-19, including drafting and negotiating contracts, advising on regulatory aspects and tender documentation.
Advising UK Research and Innovation on various procurement and subsidy control queries including the acquisition of aircraft for British Antarctic Survey and the establishment of Innovation Loans.
Advising the Foreign, Commonwealth & Development Office (FCDO) on the procurement of a dynamic purchasing system for facilities management services across FCDO’s global estate. This was conducted in parallel with the procurement of the first call-off contract for facilities management services covering 24 FCDO posts in 13 countries across the Asia Pacific region.
Advising the Ministry of Justice (MoJ) on high-value procurement challenge proceedings relating to contracts for HM Courts and Tribunal Service.
Advising the Department for Environment, Food & Rural Affairs (DEFRA) on the regulated procurement and bespoke NEC4 FM contract (a call-off under CCS Framework RM6232) for DEFRA’s WP&FM24 programme, a long-term, high-value (c£770m) programme to deliver FM services across assets with widely differing needs, some of which support critical risk management infrastructure of national importance.
Employment and Pensions
Advising the Foreign, Commonwealth and Development Office on the employment aspects of a major facilities management procurement, involving the transfer of employees in the UK and 11 jurisdictions across North West Europe, together with a major post-transfer restructure. Also advising on commercial and policy strategy for HR/TUPE issues (including COSOP), coordinating TUPE/ ARD advice across European jurisdictions and heavy involvement in the competitive dialogue process.
Advising the Government Legal Department and HMRC on employment disputes including successfully defending tribunal claims.
Advising Birmingham Children’s Trust on the transfer of c.1,600 social workers and other employees to it from Birmingham City Council. We have advised on the employment aspects of establishing the Trust, TUPE consultation with trade unions, negotiating the services contract and a number of issues of public law relevant to the local government sector, including liaising with the Department for Education.
Advising the Department for Education on the pensions aspects on the corporate vehicle to deliver children's services following the Secretary of State for Education exercising his powers of intervention and directing DMBC (via statutory Direction) to outsource its children’s social care services to a newly formed entity.
Advising the Department for Transport on the pension aspects of the incorporation of Highways England and the TUPE transfer of around 3,000 civil servants, including negotiating the admission agreement which allowed Highways England to participate in the Principal Civil Service Pension Scheme.
Technology and Communications
Advising the Department for Digital, Culture, Media & Sport in relation to the data protection aspects of the Events Research Programme (ERP) examining the risk of transmission of COVID-19 from attendance at events to inform future policy on safely lifting restrictions at large events. Our work included working closely with the ERP delivery team, event organisers and the Department of Health and Social Care and Public Health England research teams, providing time critical advice and practical support in a rapidly evolving research programme.
Advising Octopus Investments, the UK’s leading investor in fibre, on the implications of the government’s Telecoms Supply Chain Review, and the cybersecurity legal requirements that mobile and fibre operators will need to implement and flow down the supply chain.
Energy and Utilities
Assisting Bristol City Council on every aspect of its ambitious ‘City LEAP’ plan to raise around £1bn of investment to transform Bristol into the UK’s first smart-energy neutral city by 2030. Burges Salmon continues to provide extensive advice on the highly-complex funding requirements (which will follow a PPP-style model), along with energy-related regulatory and commercial advice.
Advising the Cayman Island Government on the remediation of Grand Cayman’s George Town landfill site and the procurement and delivery of a new, cutting edge, waste-to-energy plant and waste management and recycling system.
Advising the UK Atomic Energy Authority on a landmark new partnership with General Fusion Inc. which will see the Canadian fusion energy pioneer, build and operate a new experimental Fusion Demonstration Plant (FDP) at UKAEA’s Culham Campus in Oxfordshire. Our advice included the procurement of the delivery partner (General Fusion), as well as associated subsidy control issues, real estate and construction matters, sensitive HR issues and the full range of employment advice. We are also advising on the £multi-billion Spherical Tokomak for Energy Production or ‘STEP Project’ which aims to deliver a prototype nuclear fusion energy plant in 2040.
Real Estate
Advising the Greater London Authority and Transport for London on major regeneration projects in London, including the c.£2bn Royal Albert Dock project, the c£1bn Albert Island industrial regeneration project, the c£1bn of a new commercial boatyard for Thames river traffic), the Limmo Development (which will provide 1200+ homes on a Crossrail construction site), Beam Park in Barking (one of the largest housing projects in London) and the Gallions 3B project (which forms part of the 800-unit Gallions Quarter housing development scheme).
Advising Historic England on the renovation and regeneration of the Flaxmill Maltings site in Shrewsbury. Comprising eight listed buildings including the world’s first iron-framed building, the completed scheme will comprise a visitor centre, commercial and office accommodation and new housing. This is a complex project involving compulsory purchase, grant funding, construction, infrastructure upgrades and real estate transactional services in a highly sensitive real estate environment.
Advising Birmingham City Council on the impact of COVID-19 on the delivery of construction and engineering projects for the Birmingham 2022 Commonwealth Games.
Transport
Advising Transport for Wales and the Welsh Government on the £5bn procurement of the Wales and Borders rail service and South Wales Metro, a critical piece of national transport infrastructure, which was first-of-its-kind in the UK transport industry.
Advising Northern Ireland Transport Holding Company (operating as Translink) on its procurement of a development partner for an ambitious 1.3m square foot mixed use PPP redevelopment scheme at Weavers Cross in Belfast, which will include the city’s new flagship transport hub. Our involvement requires procurement advice combined with sector specialisms in transport, development and public sector governance.
Acting for First Trenitalia West Coast Rail Ltd (FTWC), a wholly successful Interested Party in the 2019 Rail Franchising Litigation, in a set of procurement challenges against the Secretary of State for Transport and costs proceedings including an application for costs. It involved some of the world’s largest train operator companies and the procurement of three major rail franchises, HS2, East Midlands and South Eastern, exceeding a value of £1bn per year.