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CCS Prospectuses - RM6240 Supplier Prospectus - Public Sector Legal Services Lot 1,2,3

  • Text
  • Advising
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  • Procurement
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  • Regulatory
  • Burges
  • Salmon
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Back to Lot 1 contents BURGES SALMON LLP Administrative and Public Law Non-Complex Finance and Investment Our team is recognised for routinely advising on complex, innovative and high-profile projects and challenges. Comprising former senior civil service lawyers, local government lawyers and secondees, the team offers significant first-hand experience of the public sector and its complex regulatory frameworks. We act for public sector organisations (including central/local government, NDPBs and other public sector bodies) and private sector businesses engaging with or supplying the public sector. Our expertise includes: • The status, powers and functions of central and local government bodies • State aid/subsidy control and public regulatory law • Judicial reviews, inquiries and other associated dispute resolution • Devolved powers of the Welsh Assembly, Scottish Parliament and Northern Ireland Assembly and subnational devolution • Devolved administration and cross border transport arrangements including statutory powers/responsibilities. Case studies Bristol City Council Advising on the ‘City Leap’ plan to raise £1bn of investment to transform Bristol into the UK’s first smart-energy, carbon neutral city by 2030. The procurement for energy companies, delivery partners, technology providers and others was launched in 2019 and is now underway. We have assisted with every aspect of this enormous project, including the extensive energy-related regulatory and commercial advice. Department for Education Advising on Statutory Intervention projects including in relation to Northamptonshire County Council’s children’s services. This involved the establishment of Northamptonshire Children’s Trust Limited to perform specified children’s services and related functions of NCC. We advised on all legal, commercial and contractual arrangements for this project. Isle of Anglesey County Council Advising on the Energy Island Programme including nuclear new build proposals at Wylfa, as well as applications for major energy projects such as a Tidal Demonstration Zone, involving representation at a significant public Inquiry. We also advised on other major applications including proposals for waterfront and marina regeneration and port health. We have the expertise to handle noncomplex financing transactions for clients on both a UK and cross-jurisdictional basis. We act for clearing and investment banks, debt funds and other alternative lenders alongside numerous PLCs and large corporate clients around the world. We take pride in the quality of our service, offering clear, effective solutions to our clients. By working collaboratively with experts from across the firm – including corporate, real estate and tax – we are able to tailor our service to each client and respond quickly to queries on all aspects of banking law. Through our work acting for both lenders and borrowers, we have developed valuable insight into the commercial issues for both sides – we are able to view complex banking law issues from all perspectives. Our expertise includes: • Asset backed lending • Corporate and private banking • Debt capital markets and securitisations. • Derivatives • Food and farming finance • Islamic finance • Leveraged finance • Project finance • Real estate finance • Regulatory advice • Restructuring and insolvency. Case studies C & J Clarks Advising on the debt facilities restructure which was effected alongside a £100m equity investment, implementation of a CVA and an internal reorganisation. The debt facilities comprise a syndicated RCF, various ancillary facilities and senior secured notes. The pension scheme played a key role in the transaction because, with a buy-out deficit of +/- £200m, it is the group’s largest unsecured creditor. The Pensions Regulator and PPF were closely involved by the trustees from the beginning. Eden Geothermal Project Advising the financial sponsor on the corporate arrangements, the interface between the institutional funding and public funding and state aid/subsidy control advice, proposed project documentation approach and land arrangements. Our team played a key role in structuring and negotiating bespoke arrangements with government to unlock public funding for the project. National Express Working with the Treasury team for many years on different debt financings totalling over £1bn and various hedging products. More recently we have been advising on Covid-related waivers and amendments to financing documents. Back to Lot 1 contents Back to main contents Back to main contents 8

Back to Lot 1 contents BURGES SALMON LLP Contracts Competition Law We advise public sector bodies on all types of commercial contracts, from complex multiparty transactions in highly regulated sectors to simple supplies of goods and services. We advise on all aspects of contract and commercial law and our experience enables us to help you find practical solutions that reflect best practice, meet your objectives and align with your priorities and policies, including value for money, optimum risk allocation, delivery to schedule, meeting performance standards, the right behaviours, appropriate project controls and regulatory compliance. Our expertise includes: • Agency and distribution agreements • Alternative delivery models • Concession contracts • Design and manufacturing contracts • Contract and portfolio management • Data protection, confidentiality and IP • Grants • Guarantees and indemnities • Outsourcing/contracting out of services (including complex facilities management) • Procurement • Pricing, payment and incentivisation mechanisms • Shared services • Supply of goods and services • Public infrastructure regulation (UK & EU) • Reorganisations / restructuring • Termination, exit and transition between suppliers. Back to Lot 1 contents Case studies Ministry of Defence Advising on the Dreadnought nuclear submarine programme, including advising on the contracting strategy and development and negotiation of the design and build contracts and the alliance agreement. Also advising on the naval nuclear propulsion programme, supporting the negotiation, drafting and procurement of contracts with key strategic suppliers as well as the MOD’s emerging programme to develop the UK’s first sustainable and enduring submarine disposal capability. Foreign, Commonwealth & Development Office Advising on a new framework agreement for the delivery of confidential translation and interpretation services to UK government departments, EU institutions and other organisations. Birmingham City Council Advising on the impact of COVID-19 on the delivery of construction and engineering projects for the Birmingham 2022 Commonwealth Games, focusing on non-performance of contracts for the supply of goods and services including force majeure events and frustration. DEFRA Advising on the urgent procurement of food boxes for delivery to up to 1.5m clinically vulnerable individuals during the COVID-19 pandemic, described by the Communities Secretary, as an unprecedented package of support. Our team provides expert competition law advice and representation before competition and regulatory authorities, as well as UK and EU courts. Many of the team have worked for competition or regulatory authorities, meaning that we can provide insight into how regulators work. We also advise on state aid/subsidy control law and funding arrangements, including complaints to, and proceedings by, the European Commission. Our expertise includes: • Defending clients subject to cartel, abuse of dominance and other competition investigations • Advising clients during dawn raids • Advising and defending clients operating in regulated sectors (including regulators themselves) • Assisting in obtaining clearance for mergers and joint ventures including complex “Phase II” reviews • Representing clients involved in competition litigation and disputes, including appeals against regulators’ decisions, judicial review proceedings, follow-on damages actions and commercial disputes • Assisting clients throughout market studies including the design and implementation of remedies • Advising on the application of competition law to commercial dealings • Devising compliance policies and programmes, audits and training Advising on the EU state aid rules. Case studies Department for Transport Advising the Office of Zero Emissions Vehicles on the competition law and subsidy control aspects of its deployment of the Rapid Charging Fund, a £950m fund to future-proof electric capacity at motorway and major A-road service areas to prepare the road network for 100% zero emissions vehicles uptake. This involved advising on a CMA market study into electric vehicle charging and subsequent investigation into potentially anti-competitive exclusive agreements. Welsh Ministers and Transport for Wales Advising on merger control, State aid/subsidy control and procurement issues associated with the letting of the Wales & Borders passenger rail franchise and innovative combination of infrastructure manager roles. Co-operative Group Successfully appealing, at the Competition Appeal Tribunal, an OFT decision (imposing a fine of £14.2m) that it had participated in alleged anticompetitive practices in the tobacco sector and subsequently for its subsidiary, Somerfield, in appeal and judicial review proceedings to recover the fine imposed on it for its separate participation in those alleged practices. Back to main contents Back to main contents 9