Tom Ward

Associate, Bird & Bird

I am an associate in Bird & Bird's projects team, focusing on public sector, utilities, and private sector procurement. I have experience of supporting both public and private sector clients.

I have previously worked in central government and, therefore, have had first-hand experience of a public authority's ways of working and the external and internal pressures a public authority may encounter. I draw on this insight to take a practical and collaborative approach when advising both public and private sector clients to ensure that project objectives are achieved.

I have advised on a wide range of public procurement, public law, and subsidy control issues, including advising on and/or drafting of:

Public procurement: the strategy and structure of procurements – including exemptions to the relevant procurement regime; selection and award criteria; the running of procurements, including the establishment of DPSs and large infrastructure procurements; procurement documents, supporting documents, and contracts; the exclusion of tenderers including abnormally low tenders; the abandonment of procurements where necessary; direct awards of contracts; modifications to public contracts and framework agreements; and reports following the undertaking of public procurement audits.

Public Law: the interpretation of legislation and public bodies spending powers; risk of Judicial Review; memorandum of understandings for collaboration between public bodies; and conducting private and public law litigation.

State aid / subsidy control: EU State aid and subsidy control assessments (including WTO rules, the UK-EU Trade and Cooperation Agreement, the Withdrawal Agreement, the Northern Ireland Protocol, and the Subsidy Control Act 2022), including advising on appropriate subsidy control solutions (e.g., MFA, SPEI and the Subsidy Control Principles); and grant funding agreements.

I am a chair of a sub-committee of the SCL - Society for Computers and Law Public Sector Tech Group (PST) Committee. I am a member of the Procurement Lawyers Association.

Contributed to

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International commitments underlying the Procurement Act 2023—PA 2023

Practice Notes

This practical guidance relates to the Procurement Act 2023 regimeThis practical guidance focusses on public procurement under the Procurement Act 2023 (PA 2023). New in-scope procurements must be carried out under PA 2023. For background reading on the PA 2023 regime, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848).For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement Act 2023 transitional and saving arrangements—PA 2023.International commitments underlying PA 2023This Practice Note examines the international commitments underlying PA 2023, with particular

Public Law

Special regime contracts―PA 2023

Practice Notes

This practical guidance relates to the Procurement Act 2023 regimeThis Practice Note provides an introduction to special regime contracts under the Procurement Act 2023 (PA 2023), ie concession contracts, defence and security contracts, light touch contracts, utilities contracts and below-threshold contracts. New in-scope procurements must be carried out under PA 2023. For background reading on the PA 2023 regime, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848).This practical guidance focusses on public procurement under PA 2023. For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement

Public Law

The applicability of EU public procurement

Practice Notes

This Practice Note provides an overview of the applicability of Directive 2014/24/EU, the EU Public Sector Directive. It explains the definitions of public works, services and supply contracts, contracts which are categorised as mixed, and areas excluded from the application of the Directive.

EU Law

The EU public procurement thresholds

Practice Notes

This Practice Note examines the thresholds set out in the EU public procurement directives which apply to public sector contracts. It considers how the thresholds are set, what the current thresholds are, how a contract value is determined and the position relating to contracts whose value is below the relevant threshold.

EU Law

The legal framework and general principles of EU public procurement law

Practice Notes

This Practice Note provides an overview of the EU public procurement regime which is set out mainly by Directive 2014/24/EU, the EU Public Contract Directive, Directive 2014/25/EU, the EU Utilities Directive, and Directive 2014/23/EU, the EU Concession Directive. It also discusses the general principles that govern this regime: equal treatment and non-discrimination, open competition, transparency, and proportionality. Finally, this Practice Note summarises additional developments on e-procurement, Green Public Procurement and support for large infrastructure projects.

EU Law

Special regime contracts—PA 2023—checklist

Checklists

This practical guidance relates to the Procurement Act 2023 regimeThis practical guidance focusses on public procurement under the Procurement Act 2023 (PA 2023). New in-scope procurements must be carried out under PA 2023. For background reading on the PA 2023 regime, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848).For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement Act 2023 transitional and saving arrangements—PA 2023.Special regime contractsThis Checklist provides a quick reference guide to the key features of special regime contracts under PA 2023. PA

Public Law

Does the Procurement Act 2023 apply?—flowchart

Flowcharts

This Flowchart provides a decision tree to help contracting authorities determine whether a transaction falls within the scope of the Procurement Act 2023 (PA 2023).

Public Law