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James Berry

James Berry

Associate

Contact by email

James has worked in local government for a number of years and advises on public procurement, commercial contracts and governance.

James has worked in-house in borough, county and most recently a unitary authority and has also advised Local Enterprise Partnerships, Freeports and National Park Authorities. He has extensive experience in understanding the key concerns of public sector clients, providing pragmatic, practical, commercially focused and effective advice.

James is a member of the Procurement Lawyers Association and the Society for Computer Lawyers and participates in the firms internal Procurement and AI Working Groups.

James’ role:

James advises on a wide breadth of public sector procurement activities including social care, IT, education, health, catering and concessions contracts.

He advises on the full procurement cycle from the development of the procurement strategy and planning, reviewing specifications/statement of requirements, drafting the contract (including Dynamic Purchasing Agreements as well as single and multi-supplier frameworks), drafting the Invitation to Tender, and providing support during the tender process including answering clarification question and responding to Tenderer’s complaints during the Standstill period. Post award, he also advised on contract management, default and breach, variations (including under regulation 72 of PCR 2015).

James also has experience of advising on local authority governance such as advising on the establishment of corporate oversight of local authority trading companies, drafting Contract and Procurement Rules and drafting schemes of delegation.

James has advised on grant agreements, joint working and partnership arrangements in the public sector (i.e. joint procurement arrangements and arrangements under s75 of the NHS Act 2006) and secondment arrangements / arrangements under s113 of the Local Government Act 1972.

Skills and strengths:

Having worked in-house for many years, James intuitively works in a collaborative manner with clients and understand the time and cost pressures that public sector bodies are under when progressing matters. He appreciates the need to clearly explain complex legal issues in an understandable way and supports knowledge transfer to clients to support efficient delivery of projects.

  • Central Government
  • Emergency Services
  • Health
  • Local Government
  • Commercial
  • Commercial Contracts
  • Intellectual Property
  • Outsourcing and Shared Services
  • Procurement
  • Technology
  • Procurement advice and drafting for a single provider framework for a local authority acting as a central purchasing authority.
  • Advising a Fire Authority on the procurement of its mobilising system, drafting the call-off contract (from a CCS Framework) including bespoke pricing schedule, advising on clarifications and legal commentary through the procurement, and the options available following receipt of non-compliant tenders.
  • As part of a team within the firm, supporting a London Borough on various contract and procurement matters, including legal advice for their internal governance boards and cabinet papers, reviewing and updating existing contracts for re-procurements and advising on standstill letters and the handling of complaints during a procurement process.
  • As part of a team within the firm supporting the National Hospital Programme, providing advice on conflicts of interest issues. Reviewing and advising on conflicts processes by bidders during the course of procurement.
  • Advising a Government Department on a number of its IT procurements undertaken from CCS Frameworks. Reviewing the clients initial contract draft and updating these to align with the framework terminology and processes. Review and advice on all aspects of the procurement procedure, from preparation of the ITT to moderation reports.
  • Advising a London Borough on its procurement of an IT system to support its procurement function, attending negotiation meetings with the client and finalising the contract as agreed between the parties.
  • Legal advisor to a county council (acting as lead authority) in its collaboration agreement with 7 district councils which included the drafting of the service contract and advising on the procurement process.
  • Advisor to a unitary authorities in-house local authority trading company scrutiny board.
  • Legal advisor to a county council on its procurement of an ERP solution.

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