Contracting parties must ensure that their arrangements comply with the procurement rules and need to understand the risks associated with the procurement process.
Entities affected can include public authorities, utility companies, private sector companies looking to contract with bodies bound by the procurement rules, and banks lending to both the private and public sector.
Linklaters has extensive experience of advising on the application of the EU procurement Directives, and the implementing regulations adopted in different Member States. We have been involved in many important projects for both private and public sector clients (including national governments), who have required a combination of detailed technical legal expertise, innovative and creative thinking and commercial focus.
We assist clients by advising:
- bidders and contracting authorities on the procedures and legal requirements relating to the award of public contracts, including developing and responding to tender documents, negotiating contracts, evaluation and award contracting authorities, utilities and related entities, on issues of procurement law arising from acquisitions, demergers and restructurings
- contractors and financial backers in relation to PFI and other government projects
- contractors on the application of special provisions applying to defence procurement
- complainants and defendants in litigation arising from challenges under the procurement rules
Recent transactions include advising: