Procurement law - Public authorities

We have extensive knowledge and experience in advising local authorities, public enterprises and public authorities on issues relating to procurement, outsourcing, contracting and EU procurement rules.

We assist the client from start to finish in all phases of a tendering and/or contracting procedure.

The phases may be categorised as follows

Overall political clarification and strategy

• Drafting a public procurement policy
• Identifying areas suitable for tendering procedures· Assessing whether tendering a certain activity is mandatory
• In cases of contracting / outsourcing - involving the works council
• Determining the legal position of employees (public servants vs. employees under agreement)

Detailed planning

• "Selecting" directive and determining timetables
• Assessing whether the contract meets the threshold values for EU tendering procedures
• Selecting procedure (public, restricted or negotiated)
• Determining contract strategy and possible additional services
• Defining terms of any control bid

Preparation of tender documents

• Ensuring that the tender dossier clearly specifies the scope of the activity
• Reviewing the contents of the tender dossier
• Advising on specification of requirements and quality assurance
• Ensuring appropriate and legal selection and award criteria
• Advising on how to calculate the contracting authority's consequential costs

Completion of the tendering procedure

• Assistance relating to any control bid made by the contracting authority
• Answering and handling of inquiries
• Selecting supplier
• Drawing up and concluding contract

Ensuring operations and quality

• Follow-up on contract
• Submitting and handling complaints
• Performing assessments with a view to renewed tendering procedure