Public procurement and PPP - Francisco Osorio (Creative Commons Attribution 2.0 Generic)

Public procurement and PPP

Public procurement, PPP and concessions are crucial to society and business. In fact, every need by a public authority is subject to a call to tenders from companies.

Public procurements count for 17% of the GDP of the European Union. Our team has unique and extensive expertise in these matters. We can intervene at any stage of procurement, from conception to execution, both for public authorities and private companies.

EQUAL assists contracting authorities with defining their needs, including choosing the right type of contract, structure or most suitable procedure for the situation in question.

This can take any of the following forms:

  • determining, identifying and structuring the need
  • editing or drafting documents for the contract,
  • analysing tender proposal files or bids,
  • negotiating with the private partner,
  • editing or drafting offers, the award decision or notifications.

We also regularly help businesses submit their tenders in line with the expectations of the contracting authority. Even so, problems can sometimes arise when performing public contracts. These require a quick response, either legal or by negotiation.

Litigation

Public procurement litigation forms a major part of our work. EQUAL assists contracting authorities and businesses with appeals before the courts, from the Council of State to civil courts. We help businesses evaluate the effects of lodging an appeal and with lodging such an appeal, or help contracting authorities defend their case efficiently or contemplate reconsidering the decision under appeal.

Alongside litigation pertaining to award, we also submit and manage the day-to-day processes pertaining to performance of public contracts.

Seeking an alternative solution

We are conscious of the fact that legal proceedings do not resolve all disputes. It is sometimes preferable to seek an alternative, creative, win-win solution. Because of this, wherever possible, we will seek such a solution and will provide ongoing support to facilitate any negotiations that may be required to come to a solution without the involvement of the courts.

A forward-looking approach

Our team regularly publishes and offers training on the subject of public procurement. Please do not hesitate to contact us to find out about the options if you wish to learn about the fundamental aspects or about a specific topic on the subject.

Photo: Francisco Osorio (Creative Commons Attribution 2.0 Generic)