In many cases, outsourcing by public bodies and utilities will involve the award of a contract caught by the EU and public procurement rules.

A particular issue is the treatment of outsourcing via shared services arrangements, where care is required in order to ensure compliance, while preserving the commercial and political objectives. We have considerable experience of guiding public bodies, utilities and contractors through the advertising and award procedures in both traditional and complex procurement, and on the various derogations.

We have recently advised:

• On the application of the rules to complex contracts, concessions and other arrangements such as shared services arrangements and the outsourcing of works or services to public-private joint ventures
• numerous public sector organisations and utilities on compliance with the procurement rules, on a range of issues including the treatment of bidders during tender processes and the new Alcatel requirements to allow time for a legal challenge before entering into a binding contract following the award
• Northern Ireland Water on a procurement challenge before the NI High Court.