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