Public Procurement
Public contracts, as well as the accompanying procurement process, can be complex and challenging to navigate. And when things go wrong, organisations need to act fast. Throughout the entire procurement process, we can help authorities attain the best outcomes as well as assist bidding organisations to maximise success.
What we do:
We offer advisory services on matters procurement at two levels
1. Non-contentious procurement advice
We advise bidders and procuring authorities on all aspects of the procurement process and are skilled at advising on tenders run in accordance with the Public Procurement and Asset Disposal Act 2015 (PPADA). Our work includes:
1. reviewing and reporting on tender documents and the proposed contract;
2. assisting with the clarification stage;
3. preparing board and risk analysis reports as part of a tendering company’s internal approval process;
4. negotiating key issues in the contract, redrafting if necessary;
5. finalising the documentation after the award has been made.
2. Contentious procurement advice
Securing public services contracts can be very rewarding. But if those relationships go wrong there’s a lot at stake for both public authorities and the businesses that have invested in first tendering for and, if successful, servicing those contracts. If a dispute does happen, organisations need access to timely expertise and know-how to tackle any issues as quickly as possible.
We provide the right legal advice, quickly and concisely, with an eye on the bigger commercial picture, agreeing with our clients the longer-term strategy and implications of the challenge.
Our team is experienced in dealing with public procurement disputes, advising on:
- Pre-qualification stage issues and how to deal with these, including through clarifications;
- Issuing and defending applications to set aside contract awards;
- Issuing and defending claims for damages and declarations of ineffectiveness;
- The legality of the procurement procedure;
- Ways authorities can minimise the likelihood of a challenge.
We also deliver training to bidders and procuring authorities on the PPADA and the rights and remedies for bidders if things go wrong. We work with authorities and bidders on procurement issues throughout the process and advise all parties to procurement disputes if and when they arise.