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Procurement Act 2023: Flowchart on Covered Procurement Scope and Transitional Arrangements

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Checklist

This checklist outlines the principal matters to consider when preparing or assessing an outsourcing agreement. It addresses central legal, regulatory and practical questions that arise in outsourcing arrangements, while excluding sectors that carry bespoke regulatory regimes, such as health or financial services. For overarching guidance on outsourcing, consult Practice Note: Outsourcing—key terms. For discussion of negotiation points you are likely to encounter, see Practice Notes: Negotiation guide—services agreements and Negotiation guide—IT contracts. As you progress through the checklist, the third column can be used to capture observations or comments as each point is considered...

Further information

Notes (if any)

Initial considerations

  • What is the customer’s main reason for outsourcing? Knowing the driver—e.g. cutting costs, enhancing service quality, or obtaining a function the customer lacks the capability to deliver internally—will help. Also think about the breadth of the outsourcing, whether a service improvement mechanism is desired, and if value for money will be tested by benchmarking (see below)...
  • Confirm whether any existing arrangements would stop your organisation or client from entering the agreement...
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Andrew Dean
Andrew Dean

As a London-based partner in our Commercial practice, I support clients at the intersection of government and business.I focus on market-first and internationally significant transactions, contentious procurement and public law matters, as well as regulatory and policy development. With extensive experience representing both government and business entities in the UK and internationally, I have a deep understanding of the pathways and strategies required to transact and engage effectively in these areas, helping clients achieve their strategic objectives in increasingly complex and uncertain markets.I am a trusted advisor to governments, statutory corporations and utilities on their most complex and strategically important projects, advising on all aspects of procurement and public law. I have extensive experience across a range of transaction types such as procurements, PPPs, large-scale outsourcing and technology transactions, divestments, M&A and financial assistance, with a particular focus on regulated sectors such as...

Tom Ward
Tom Ward

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...

Web page updated on 22/05/2026

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