Andrew Daly

Andrew is a partner and the head of procurement within Hempsons’ specialist procurement law team. He has over 17 years’ experience of working with the NHS and specialises in procurement law, acting both for contracting authorities and bidders.

Andrew utilises the knowledge gained from acting for clients on both sides of the fence to provide pragmatic advice on running defensible procurement processes/defending procurement law challenges, and also to advise bidders on improving their chances of success/challenging defective processes.

Andrew led on the successful and timely delivery of one of the first innovation partnership procedures under the Public Contracts Regulations 2015 and regularly advises on designing and structuring processes, drafting procurement documentation and defending procurement law challenges. He also acted for the commissioner in defending the first NHS v NHS procurement challenge to reach the courts.

When acting for bidders, Andrew seeks to challenge processes, looking at areas where the bidder has been discriminated against. He has successfully overturned a number of procurement processes on behalf of bidders. Andrew recently advised the two trusts in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC).

Andrew is currently working on a number of large projects, including:

• the design and running of procurement processes for goods, services and works, for example EPR systems, capital purchases and linen and laundry services
• successfully calling off framework agreements
• the implications of the Light Touch Regime, in particular within the context of ICSs
• designing and structuring processes, drafting procurement documentation and advising throughout various process under the open, restricted and competitive dialogue procedures
• defending procurement law challenges
• advising on the extent to which existing contracts can be varied
• how best to maximise the chances of being successful when bidding
• challenging tender processes

Andrew is also currently advising on the implications of the current consultations for changes in procurement law, as well as specific changes to the commissioning of healthcare services.

Andrew regularly provides training on procurement law duties and writes articles for publications dealing with procurement. He is a regular speaker at HCSA events, in particular the HCSA annual conference.

Main areas of expertise

• European procurement law (both to contracting authorities and bidders)
• tendering procedures (both to contracting authorities and bidders)
• statutory consultation
• primary care contracting (both medical and dental)
• general contracting advice

The clients he works with

• NHS bodies, including NHS trusts, FTs and clinical commissioning groups
• charities
• practitioners
• third sector organisations
• bidders