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.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 1985
Membership
- Procurement Lawyers Association
- Birmingham Law Society
Qualification
- LL.B Law and Politics
Education
- University of Birmingham
10 Contributions by Andrew Millross
PRACTICE NOTES
Appointing and Managing Consultants in UK Public Procurement: Thresholds, Frameworks, Conflicts of Interest and Engagement Terms under PCR 2015 and the Procurement Act 2023
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) apply. Any procurement commenced on or after that date must follow PA 2023. Procedures started under the previous framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those regimes. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law: PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
Broadly, two categories of consultants are engaged in public procurement:
consultants with technical expertise in the subject matter (for example, architects, surveyors, IT specialists, etc) who typically:
assist in drafting the specification
develop the payment mechanism or cost model
and, in some procurements, assess bidders’ proposals for delivery of the contract
procurement consultants...
Local Government
PRACTICE NOTES
Construction framework agreements: JCT FA, NEC FC and ACA FAC‑1—comparative features, public procurement compliance, call‑off mechanisms and drafting guidance
What standard form framework agreements are published?
There are several recognised standard form construction framework agreements:
the JCT Framework Agreement (JCT FA)
the ACA Framework Alliance Contract (ACA FAC-1)
the NEC3/NEC4 Framework Contract (NEC FC)
JCT FA
The JCT FA was originally issued in 2005 as a non-binding document, aimed chiefly at private sector use. After criticism that it was unsuitable for public sector adoption (a major user of frameworks), it was updated in 2007. A further 2011 revision aligned it with the amended Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and the latest version appeared in 2017, described as the 2016 edition to align with the 2016 JCT suite. JCT guidance confirms the JCT FA is intended for procuring works over a period. Call-off contracts made under the JCT FA are to be governed by the JCT form most appropriate to the particular works being called off.
ACA FAC-1
The ACA FAC-1 was published in 2016 and is intended for situations where the contractual relationships between the client and a number of contractors and...
Construction
PRACTICE NOTES
Construction framework call-offs: private sector options and public sector rules (PCR 2015/UCR 2016; transition to PA 2023), including direct award, mini-competition, scope, duration and documentation
Stop Press :
From 24 February 2025, the core provisions of the Public Procurement Act 2023 (PA 2023) take effect. We are reviewing and refreshing our materials accordingly.
Please note that any procurement initiated on or after 24 February must proceed under PA 2023. Procurements commenced under the preceding regimes — the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and administered under those rules.
For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This Practice Note examines call-off mechanisms within framework agreements in the construction sector. It focuses mainly on how call-offs are made in the private market, while also addressing public sector framework call-off procedures and signposting to fuller guidance for that sphere.
Framework agreements are employed by public and private sector clients in construction to procure works, services and supplies (see Practice Note: Introduction to framework agreements for construction lawyers). The act of commissioning a provider (a contractor, consultant or supplier) who is a party to a framework agreement to...
Construction
PRACTICE NOTES
Disclosure in procurement challenges pre-Procurement Act 2023: CPR 31, standard, specific and pre-action disclosure, confidentiality rings, and key case law
This guidance addresses the position before the Procurement Act 2023. It provides advice for public procurement exercises started prior to the Procurement Act 2023 (PA 2023) taking effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes continue insofar as needed for contracting authorities to complete and administer procurements begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be considered on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview, which includes the Practice Note: Disclosure in connection with procurement challenges—PA 2023.
Aspects of disclosure in public procurement
There are several facets to disclosure in public procurement. This Practice Note focuses on disclosure arising in procurement challenge proceedings, particularly under the Civil Procedure Rules 1998 (CPR). Also highly pertinent in the challenge context is disclosure of procurement and contract information under the Freedom of Information Act 2000...
Local Government
PRACTICE NOTES
Discontinuing Public Procurements: Authority Discretion, Limits, Challenges, Remedies and Notification Duties under PCR 2015 and the Procurement Act 2023
STOP PRESS
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in force. Any procurement initiated on or after that date must proceed under PA 2023, while procedures commenced under the previous framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law.
Introduction
A contracting authority may decide to terminate an award procedure. This Practice Note covers:
the discretion to discontinue and when exercising that discretion can be contested
the effect of discontinuation on earlier breaches
the procedural steps an authority must take when discontinuing
the route for challenging a discontinuation decision and the consequences of a successful challenge
The discretion to discontinue
Extent
...
Local Government
PRACTICE NOTES
Framework agreements in public procurement (England, Wales and Northern Ireland): definitions, tendering, pricing and call-offs, duration, lots, challenges and modifications; transition from PCR 2015 to the Procurement Act 2023
STOP PRESS:
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Procurements commenced on or after this date must proceed in accordance with PA 2023, while those started under the earlier regimes (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be conducted under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
STOP PRESS:
The Procurement Act 2023 comes into force on 28 October 2024. For further reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Checklist: Procurement Act 2023—key changes. The transitional arrangements for the coming into force of this legislation are set out in the Procurement Act 2023 (Commencement No 3 and Transitional and Saving Provisions) Regulations 2024, SI 2024/716, and in guidance produced by the Cabinet...
Local Government
PRACTICE NOTES
Framework call-offs under the PCR 2015: central purchasing bodies, scope and value, direct award vs mini-competition, standstill and pitfalls
STOP PRESS:
From 24 February 2025, the principal parts of the Procurement Act 2023 (PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures initiated under the earlier regime (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law.
Legal regime
Framework agreements are ever more common for procuring works, services and supplies. Uses include calling off construction contracts for works to a specific development site through a single-provider framework, and relying on a multi-provider framework established by a central purchasing body for commoditised goods. In every instance, strict compliance with the framework call-off rules is essential...
Local Government
PRACTICE NOTES
PCR 2015 procurement correspondence: procedure-by-procedure requirements, including market engagement, notices, SQ/CAS/SPD, clarifications, selection feedback, abnormally low and non-compliant tenders, contract award and standstill letters
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law.
Public procurement reform
The UK public procurement framework stems from EU public procurement law, and was consequently affected by the UK’s exit from the EU, albeit only to a limited degree. In substance, the UK regime continues largely unchanged—until the forthcoming procurement reforms take effect. For further reading, see Practice Note: Public procurement reform.
Underlying procurement principles
A contracting...
Local Government
PRACTICE NOTES
Procurement correspondence and e-communications under the Public Contracts Regulations 2015: principles, technical requirements, document access, confidentiality, permitted exceptions and key case law (England and Wales)
STOP PRESS:
As of 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are now in force. Procurements initiated on or after this date must follow PA 2023, while those commenced under the earlier framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be delivered and overseen under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore comprise assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law.
Public procurement reform
The UK public procurement regime originates from EU procurement law and was consequently affected by the UK’s departure from the EU, though only to a limited degree. In substantive terms, the UK regime has continued with minimal alteration. That position will change once the forthcoming public procurement reforms take effect. For further reading, see Practice Note: Public procurement reform...
Local Government
PRACTICE NOTES
Public procurement transparency: PCR 2015 obligations, Contracts Finder/FTS, standstill and reporting, local government code, FOI and audit duties; PPN 01/23 and Procurement Act 2023 context
STOP PRESS
As at 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have commenced. Procurements initiated on or after this date must be conducted under PA 2023, while those started pursuant to the earlier legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed in accordance with that regime. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
There are a number of aspects to transparency in public procurement. This Practice Note covers:
general transparency obligations under the public procurement rules
disclosure by local government and central government
requirements arising from the previous government’s transparency agenda
disclosure obligations connected with a local authority audit
disclosure of procurement and contract information under the Freedom of Information Act 2000 (FIA 2000)
Note:...
Local Government
If you expected to see yourself on this page, click here.
