Public Procurement
Public sector and utilities tenders need to be conducted in an open and fair manner enabling the public sector/utility to determine the best bid. The size of the UK public procurement market (at least 4% of UK GDP/£81 billion in 2007) has meant that this is a lucrative source of income for many suppliers and in difficult economic times such contracts are critical to many businesses. Given the scrutiny which public tenders are increasingly exposed to - from suppliers, auditors, media, taxpayers and the European Commission - it is more important than ever that those involved in procurement processes are equipped with suitable procurement law support.
The Olswang team provides specialist, practical procurement support tailored to the specific needs of each client. This ranges from hands-on assistance throughout the procurement exercise to one-off pieces of high-level procurement advice, dealing with speedy ad hoc queries or handling a procurement complaint. We support the procurement lifecycle by:
Pre-procurement planning to help our clients best position themselves to participate successfully in public and utilities procurements either as a purchaser or bidder. This includes advice on the regulatory regime, market awareness, pre-procurement contact between the purchaser and the supplier pool and assembling the procurement team. Additional support is often required by public sector/utilities clients at this stage, since the procedure is front-loaded.
Bidding Each procurement exercise is unique. Despite the best-laid plans, issues inevitably arise which require careful consideration by both the supplier and the bidder(s). Complex procurement issues cannot be readily answered simply by applying the legislation and often require an expert's assessment of the case law and the underlying principles of non-discrimination, equal treatment, transparency and mutual recognition in the factual context.
De-briefing and disputes In the light of the new, untested procurement remedies provisions, it is inevitable that purchasers will be nervous when reaching the final stages of the procurement process. Our lawyers' procurement and litigation experience will assist purchasers to deal positively with requests for information from bidders and minimise negative publicity and procurement challenges. Given the cost and time spent on bidding for the contract opportunity, bidders want to be assured that the best contractor has been selected. We help gain appropriate de-briefing information in order for our clients to obtain such comfort. If things have gone wrong and cannot be amicably settled, our team can support either side in terms of handling a procurement complaint and dealing with litigation and/or the European Commission.
Contractual protection For the winning contractor or purchaser, we can help put in place the appropriate contractual provisions in the light of the new procurement remedies relating to contract ineffectiveness.
Standardising For those involved in multiple procurements, we provide assistance with standardising internal bidding processes and procurement responses so as to reduce procurement costs.
