Andrew Millross#3119

Mr Andrew Millross

Andrew is a Partner in Anthony Collins Solicitors LLP, specialising in all aspects of procurement and construction. He has been with the firm since 1997 and before then spent 7 years in-house in local government. Andrew also has a background in governance and public/private partnerships. Andrew wrote the National Housing Federation 'Guide to the EU procurement rules' (2nd edition published 2007) a practical guide for registered providers of social housing on what contracts are covered by the rules, what the rules require and what practical strategies can be adopted to comply with them. He was the editor and main author of the 'NHF Contract Management guide' (published January 2010) and was the legal author of the NHF book 'Procurement in Practice; avoiding the pitfalls and getting the best result' (published 2013). Andrew also led the team from Anthony Collins Solicitors LLP that was responsible for updating the NHF Schedule of Rates Form of Contract in 2011. He is a member of the Procurement Lawyers Association and a member of the working parties that produced their guidance notes on tender evaluation, frameworks and the new Directive. Andrew and his team work with registered providers, local authorities, ALMOs and central purchasing bodies to set up major contracts and framework agreements for maintenance, servicing, planned improvements and capital works and development. He also provides EU procurement training; reviews procurement processes and documentation and helps clients ensure that procurements are legally compliant. Andrew is currently working on a number of DLO and joint venture projects.
Contributed to

9

Call-off procedures under framework agreements
Call-off procedures under framework agreements
Practice notes

Framework agreements are used increasingly for the procurement of works, services and supplies. This Practice Note provides comprehensive guidance on using the call-off procedures under this type of agreement. The rules under buying club frameworks are discussed, followed by the relevant checks to consider when deciding to use a framework agreement. There is an overview of single provider and multiple provider frameworks, summarising the documentation required for call-off contracts.

Disclosure in connection with procurement challenges
Disclosure in connection with procurement challenges
Practice notes

This Practice Note explains the restrictions on disclosure and the balance between confidentiality and public interest. In the context of court proceedings, it details the different levels of disclosure through case law and examples, and requirements under Civil Procedure Rules 1998. It also highlights the relevant exemptions under the Freedom of Information Act 2000 and the route of disclosure through the local authority audit. The note concludes with the Government’s transparency agenda.

Discontinuing a public procurement process
Discontinuing a public procurement process
Practice notes

This Practice Note looks at the options for discontinuing a public procurement processes. In some circumstances, a contracting authority can discontinue a public procurement process at their discretion. This Practice Note examines the scope of this discretion and discusses examples highlighted by case law to illustrate when it can be used. The limits to this process are explained, followed by the implications to consider when discontinuing a procurement process in order to keep the work in-house. The Practice Note concludes with an overview of the overall process to follow and how the decision to discontinue may be challenged.

Framework agreements in construction—standard forms
Framework agreements in construction—standard forms
Practice notes

This Practice Note looks at the standard form framework agreements that are published and their use in the construction industry. It focuses on the JCT Framework Agreement (JCT FA), the ACA Framework Alliance Contract (FAC-1) and the NEC3/NEC4 Framework Contract.

Framework agreements—overview and tendering
Framework agreements—overview and tendering
Practice notes

This Practice Note looks at how framework agreements are used in the public sector. What distinguishes a framework agreement from a contract is discussed, highlighting the potential issues generated by the use of the ‘term contracts’, as well as identifying the difference between binding and non-binding agreements. It also covers the relevant parties and number of providers, and outlines the key elements of a framework agreement that are required by the Public Contracts Regulations 2015, SI 2015/102. The Practice Note concludes with explanation of the tender process used.

Procurement correspondence—general principles
Procurement correspondence—general principles
Practice notes

This Practice Note examines how the EU Treaty principles of equal treatment and transparency apply to public procurement correspondence and communications. It considers electronic tendering and discusses the availability of procurement documents online under the Public Contracts Regulations 2015.

Procurement correspondence—specific procedures and examples
Procurement correspondence—specific procedures and examples
Practice notes

This Practice Note considers how the equal treatment and transparency principles apply to all public procurement correspondence and communications. It covers the five main procurement procedures under the Public Contracts Regulations 2015, detailing the different types of correspondence under each. The specific correspondence is then discussed in further detail, including soft marketing testing, contract notices, disclosure of award criteria and clarification questions.

Transparency in procurement processes
Transparency in procurement processes
Practice notes

Under EU law, contracting authorities in the public sector have a duty to act in a transparent way. This Practice Note highlights how this duty is imposed through the Public Contracts Regulations 2015. With reference to relevant case law, it discusses the transparency requirements throughout the relevant stages of the public procurement process and identifies how contracting authorities can meet them.

Use of consultants in public procurement
Use of consultants in public procurement
Practice notes

This Practice Note deals with the key considerations for a contracting authority when appointing consultants in the course of a public procurement exercise, highlighting issues concerning conflicts of interest and guidance on the terms of appointment of consultants.

Practice areas

Qualifications

  • LL.B Law and Politics

Membership

  • Procurement Lawyers Association
  • Birmingham Law Society

Panel

  • Contributing Author

Education

  • University of Birmingham

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