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Practices

 

Public Procurement and Competitive Tendering

Public procurement or competitive tendering rules often apply when contracting with public authorities and utilities operators.

Private companies themselves may also award contracts through a tender process. Non-compliance with these rules can have very serious commercial consequences.

Arrangements with public authorities that do not fall within the scope of these rules may still be subject to the general principles of the Treaty on the Functioning of the EU and therefore require some degree of transparency and competitive tendering.

Our international team has the experience to address public procurement issues from the perspective of all those involved in the procurement process. Our expertise stretches out to Europe and beyond, and among our procurement lawyers is a former director of criminal enforcement at the Antitrust Division of the U.S. Department of Justice, who was responsible for developing the training programme provided by the DOJ to senior officials on contracting with the U.S. government (MAPS).

Our international public procurement team advises on:

  • how to anticipate potential issues and prepare suitable strategies for dealing with the rules
  • preparing a clear, structured approach from the initial commercial assessment to the final award and performance of the contract
  • procurement disputes
  • guidance for contracting authorities and utilities operators whose tendering processes have come under attack
  • disappointed tenderers seeking to challenge the award of a public contract

Recognition for our work

“Public Procurement law firm of the year 2014” Who’s Who Legal 100

“The firm’s experience in public procurement is ‘unsurpassed’.” Who’s Who Legal 100, 2014

"The procurement team at Allen & Overy advises large public and private sector entities on a wide range of matters, and is further bolstered by its international platform and ability to handle the most sophisticated, multi-jurisdictional projects" Chambers and Partners UK 2012

"The effective procurement group at Allen & Overy has a deep-rooted presence throughout Europe, and provides a range of procurement advice to public and private sector clients" Chambers and Partners 2011

Procurement Law firm of the Year” The International Who’s Who of Public Procurement Lawyers 2011

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