Public Procurement

            DWF is one of the most prominent advisers on public procurement issues. Our leading team in Brussels act for a wide range of clients, including many contracting authorities and key suppliers to the public sector.

            Public procurement regulations govern every contract under which a public authority or other State entity is procuring construction works or supplies of goods or services, provided the likely value of the contract is above one of a range of financial thresholds. 

            Under the rules a contracting authority which wants to procure construction works or the supply or goods, or wants to buy in services must follow strictly one of the specified tender procedures – the open procedure, restricted procedure, competitive dialogue procedure, competitive procedure with negotiation, or an innovation partnership. Contracts granting concessions, for example, to build a toll road in exchange for a share of revenues, are subject to a special regime. 

            Suppliers who miss out on a contract because of defects in how the procurement has been conducted can go to court to stop the tender process and seek damages for wasted tender costs or even lost profits. In some circumstances the contract can be declared ineffective. 

            We have the experience to understand how to apply the detailed technical rules in practice. We help public sector clients to design effective and compliant tender procedures. When things go wrong we advise on robust defence strategies. And when acting for a supplier, we can use our detailed knowledge of best practice in tender procedures to ensure that a supplier achieves the best result, whether it is influencing the contracting authority to act fairly or if necessary challenging a process in court.

            We cover the whole spectrum from supplies of materials to large infrastructure projects and innovation.

            Our services include:

            Form a substantial part of the global economy.

            Awarding authorities regulated to ensure the procurement of the highest quality and lowest price goods and services from the private sector.

            Advising on breaches of the public procurement legislation by EU Member States.

            We support private clients throughout the tendering process until the signature of the contract or in challenging the outcome of tenders before national courts and the European Commission.

            We advise awarding authorities on structuring tenders and combining with State aid advice to ensure lawfulness of the procedure under national and EU public procurement rules.

            Jonathan Branton

            • Partner // Head of Public Sector // Head of EU Competition

            Vassilis Akritidis

            • Partner // Head of WTO & International Trade

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