Deborah Ramshaw
Deborah is a nationally renowned procurement law specialist, noted for her commercial and pragmatic advice to clients. She is also WBD's Head of Procurement.
Deborah advises clients in the public and private sector and uses her knowledge of acting for both sectors to provide practical advice on running processes which are as defensible as possible and advising bidders on how to challenge processes.
Deborah has a particular interest in advising on procuring innovation and complex projects. Deborah has significant experience in establishing and using framework agreements.
Deborah advises clients in a wide range of sectors including central and local government, NHS bodies, education, transport and utilities sectors and third sector organisations.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 1995
Experience
- Womble Bond Dickinson (2020 - 2021)
- Hempsons (2016 - 2020)
- Bond Dickinson (1999 - 2016)
- Newcastle City Council (1993 - 1999)
Membership
- Law Society
- Procurement Lawyer Association
Qualifications
- Solicitors Final Examination (1993)
- LLB (Hons (1992)
Education
- College of Law (York) (1992-1993)
- University of East Anglia (1989-1992)
14 Contributions by Deborah Ramshaw
PRACTICE NOTES
Bid evaluation under PCR 2015: selection versus award criteria, MEAT price/quality methodologies, life-cycle costing, transparency, and procurement challenge risks; plus Procurement Act 2023 transition update
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures begun under earlier regimes must continue to be conducted and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore form 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.
Distinction between selection and award criteria
This Practice Note focuses on award criteria and the various evaluation methodologies that contracting authorities can use to select the winning bid in a public procurement carried out under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. At the outset of any competitive procurement, it is essential that contracting authorities keep distinct the concepts of selection and award criteria...
Local Government
PRACTICE NOTES
Challenging public procurement pre-Procurement Act 2023: time limits for PCR 2015 claims, ineffectiveness and judicial review (England, Wales and Northern Ireland)
This practical guidance concerns the regime preceding the Procurement Act 2023. It provides direction pertinent to public procurement processes started before PA 2023 took effect on 24 February 2025. It applies to procurements launched before the Act’s commencement. Any in-scope procurements initiated on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings measures, the earlier procurement frameworks remain in force so far as required for contracting authorities to finalise and administer procurements begun prior to commencement (i.e. ongoing procurements). This Practice Note should be read in that light. For background reading, consult Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview. That subtopic includes the following Practice Note: Challenging a public procurement award—time limits—PA 2023.
What is the scope for challenge under PCR 2015?...
Local Government
PRACTICE NOTES
Confidential information in pre-PA 2023 public procurement: PCR 2015 protections, FOI exemptions, award disclosure and TCC litigation handling (England, Wales and Northern Ireland)
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note provides direction for public procurement processes initiated before the Procurement Act 2023 (PA 2023) took effect on 24 February 2025. Any in-scope procurement started on or after that date is subject to PA 2023. Under PA 2023’s transitional and savings arrangements, the former procurement regimes continue so far as is required to enable contracting authorities to finalise and administer procurements begun before commencement (ie procurements already under way). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview, which includes the following Practice Note: How to deal with confidentiality issues—PA 2023.
Confidentiality in public procurement and the wider public sector context
This Practice Note should be read alongside Practice Notes: Disclosure in connection with procurement challenges—pre-PA 2023, Use of confidential information in civil proceedings and Introduction to freedom of information. Safeguarding confidential information linked to a public procurement must be assessed within the broader public sector setting, including...
Local Government
PRACTICE NOTES
Confidentiality in Public Procurement under the Procurement Act 2023: Transparency Duties, Section 94 Exemptions, FOI/EIR Interface, Data Protection, Litigation Disclosure, and Contrast with PCR 2015
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier rules must continue to be run and administered in line with those regimes.
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime
This practical guidance addresses public procurement governed by PA 2023. For guidance on confidentiality questions under the former framework, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre-PA 2023.
Confidentiality in public procurement and the wider public sector context
This Practice Note should be considered alongside the Practice Note: Use of confidential information in civil proceedings. Safeguarding confidential material linked to a procurement subject to PA 2023 must be assessed against wider transparency aims and the public sector’s legal duties. These are set out within PA 2023...
Public Law
PRACTICE NOTES
Direct awards via the negotiated procedure without prior publication (PCR 2015)—grounds, limits and case law (pre-Procurement Act 2023)
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note provides guidance for procurements that began before the Procurement Act 2023 (PA 2023) commenced on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Under the Act’s transitional and savings provisions, the prior procurement regimes still apply, so far as is needed, enabling contracting authorities to finalise and administer procedures launched before PA 2023 took effect (ie live procurements). Read this Practice Note on that basis. For context, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears in the separate subtopic, Procurement Act 2023—overview, which also includes: Practice Note: Direct award—PA 2023.
Using the negotiated without a notice procedure
The legal bases for applying the negotiated procedure without a notice are set out in regulation 32 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Because this route amounts to an effective direct award without competition, it is confined to specific, exceptional circumstances...
Local Government
PRACTICE NOTES
Evaluating tenders under the Procurement Act 2023: conditions of participation versus award criteria, most advantageous tender (MAT), price and quality scoring, refining award criteria, and remedies for evaluation errors
STOP PRESS
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in full effect and operation. Competitions launched on or after that date must be conducted in accordance with PA 2023, while procurements initiated 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 delivered, administered and overseen in accordance with those rules. See the Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime
This practical guidance addresses public procurement under the Procurement Act 2023 (PA 2023). For further guidance on evaluation methodologies under the former legislation, see Practice Note: Using different evaluation methodologies for different types of public procurement.
Distinction between conditions of participation and award criteria
This Practice Note concentrates on award criteria and the range of evaluation approaches that contracting authorities may employ to identify the most advantageous tender in a public procurement run under PA 2023. At the outset, it is crucial that contracting authorities distinguish clearly between conditions of participation and award criteria when undertaking competitive procurements...
Public Law
PRACTICE NOTES
Implementing sustainable procurement under Directive 2014/24/EU: technical specifications, labels, selection and MEAT award criteria, life-cycle costing and performance conditions, plus sector-specific EU green procurement requirements
This Practice Note provides guidance on putting sustainable procurement into practice under Directive 2014/24/EU. It outlines key methods, including using labels within technical specifications and carrying out sustainability assessments at the selection and award stages, to achieve this. It further looks at performance requirements as a means of factoring in environmental and social aspects, and highlights the use of these tools to embed such outcomes.
Promoting sustainable development via public procurement
Directive 2014/24/EU (the EU Public Sector Directive) derives its authority from the Treaty on the Functioning of the EU (TFEU), which mandates that environmental protection duties are integrated into the design and delivery of the EU’s policies and activities, in particular to promote sustainable development.
When implementing its policies, the EU must also consider:
guaranteeing adequate social protection (Article 8 TFEU)
tackling discrimination and social exclusion (Article 9 TFEU)
eliminating inequality (Article 10 TFEU)
The EU Public Sector Directive aims to increase the efficiency of public spending, facilitate the participation of small and medium-sized enterprises (SMEs), and make better use of public procurement in support of common societal goals...
EU Law
PRACTICE NOTES
Market engagement and preliminary consultations under the Public Contracts Regulations 2015: principles, conflicts, levelling measures and exclusion (England, Wales and Northern Ireland)
STOP PRESS:
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements initiated on or after that date must proceed under 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 procured and managed in line with 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.
In the past, public procurement often began with publication of a contract notice, with no prior engagement with prospective suppliers. Frequently, there was scant interaction between the contracting authority and bidders as the exercise progressed, which was commonly regarded as necessary to prevent favouritism, or, worse, to avoid distorting the process and to safeguard the public purse...
Public Law
PRACTICE NOTES
Practical guidance on direct awards under the Procurement Act 2023: Schedule 5 justifications, sections 41–43, transparency notices and standstill
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements started on or after that date must, where applicable, be conducted under PA 2023, while those begun under the earlier legislation (the Public Contracts Regulations 2015 (PCR 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) must continue to be procured and managed in line with that legislation. This guidance centres on public procurement under PA 2023. For background on the former regime, see Practice Note: Introduction to public contracts procurement—pre-PA 2023. For practical guidance on procedures allowing direct award under PCR 2015, see Practice Note: Public procurement—negotiated without a notice procedure—pre-PA 2023.
Direct award
The default position for contracting authorities is that contracts within scope of PA 2023 require a competitive tendering exercise. However, in certain limited circumstances, a direct award is permitted without first running a competitive process. A contracting authority may only make a direct award when it can rely on:
PA 2023,...
Public Law
PRACTICE NOTES
Preliminary market engagement in public procurement: law, policy and practice on methods, bidder involvement, conflicts of interest and exclusions (PCR 2015) and transition to the Procurement Act 2023
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Competitions commenced on or after this date must proceed under PA 2023. Procurements initiated under the earlier framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen 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 form 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.
What is preliminary market consultation?
Preliminary market consultation (PMC) means undertaking research and market engagement to shape an upcoming public procurement and to inform potential bidders about the contracting authority’s plans and requirements. PMC may involve obtaining and considering advice from prospective suppliers and/or independent experts before the regulated procedure begins; that is, prior to publishing a call for competition on the UK e-notification service...
Local Government
PRACTICE NOTES
Preliminary market engagement under the Procurement Act 2023: PR 2024 FTS notice requirements, duties, SME access, managing unfair advantage, avoiding distortion, conflicts of interest and supplier exclusion
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the former 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 overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement.
What is preliminary market engagement?
Preliminary market engagement (PME) means researching and engaging with the market to shape a forthcoming procurement and to brief potential suppliers on a contracting authority’s intentions and needs. PME can involve requesting and receiving advice from prospective suppliers and/or independent specialists before the regulated process starts; that is, prior to issuing a call for competition on the Find a Tender Service (FTS) website...
Public Law
PRACTICE NOTES
Pre‑PA 2023 automatic suspension in public procurement: PCR 2015 regime, American Cyanamid criteria, and case law on lifting (England, Wales and Northern Ireland)
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note addresses the position before the Procurement Act 2023 regime. It offers direction for public procurement exercises started prior to the Procurement Act 2023 (PA 2023) taking effect on 24 February 2025. Any in-scope processes initiated on or after that day fall under PA 2023. By virtue of PA 2023’s transitional and savings measures, the earlier public procurement frameworks continue, so far as required, to let contracting authorities finalise and administer procurements begun before PA 2023 commenced (ie procurements still in progress). This Practice Note should be considered with that in mind and contextually understood. For introductory material, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical guidance on PA 2023 appears within a distinct subtopic, see: Procurement Act 2023—overview. That subtopic also includes the following Practice Note: Automatic suspension—PA 2023...
Local Government
PRACTICE NOTES
Public procurement challenges and remedies under the Public Contracts Regulations 2015: standstill, automatic suspension, damages, declarations of ineffectiveness and time limits (England, Wales and Northern Ireland)
The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations arises in the public procurement arena are set out in the Public Contracts Regulations 2015, SI 2015/102, Part 3.
Standstill period and contract award information
A contracting authority must notify all candidates and tenderers (other than tenderers that have been 'definitively excluded') of its decision to award a public contract. The notification must include:
the criteria applied to the contract award
the reasons for the decision, including the characteristics and relative advantages of the winning tender
the score(s) of the party receiving the notice
the name and score(s) of the successful party
the legal effect of the standstill period
The standstill periods are:
where notices to bidders are sent by email or fax—ten days after the notice was sent
where notices to bidders are sent by other means—15 days after the notice was sent, or ten days after the last notice was received
If multiple notices are issued by differing means, the standstill period ends on whichever of the above time limits expires last...
Local Government
PRACTICE NOTES
Standstill period under PCR 2015: award decision notice content, duration, and distinction from limitation (England, Wales and Northern Ireland)
What is the standstill period?
When a contracting authority reaches its decision on awarding a public contract subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, it must observe a standstill period. This mandatory window prevents the authority from entering into the contract with the winning bidder until the standstill has expired. It gives unsuccessful tenderers the chance to:
request further information from the contracting authority; and
assess whether their rights were prejudiced during the procurement
If so, they may seek to have the award decision set aside. This remedy can sit alongside, or be pursued instead of, a claim for damages. In certain cases, other remedies may apply, including a declaration of ineffectiveness (where the contract has already been concluded, and only on limited grounds). See Practice Notes: Public procurement remedies and Damages as a remedy in public procurement claims—pre-PA 2023.
In practice, the Crown Commercial Service advises contracting authorities to proceed cautiously and to apply a standstill period irrespective of the procedure used (including light touch regime procurements), save where urgency considerations outweigh...
Local Government
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