Public Procurement

The lawyers in this practice are involved during the tender procedure of procurement contracts, as well as related dispute resolution and litigation, both for tendering authorities subject to public procurement rules and for private entities.

Once the client's specific needs have been identified, each case is initially analysed by a senior lawyer (partner or of counsel) who defines the objectives and resources required to execute the client’s request.

The public procurement team provides advisory and litigation support to:
• public and private players (manufacturers, suppliers, service providers, insurance companies, etc.) acting on behalf of public entities and bodies governed by public law , with the aim of executing public procurement contracts,
• public persons, bodies governed by public law,
• private entities operating in the public sector (SEM, SA HLM…),
• and entities involved in financing transactions subject to public procurement (investment funds, banks, etc.).

AWARDING PUBLIC PROCUREMENT CONTRACTS:
  • Contracts entered into by administrative entities, concession contracts, public-private contracts, public contracts related to the project management of public and private works,
  • Drafting contracts, choice of tendering procedures, initiation of public tendering, support during the bidding process, in completing the award procedures and in executing the contract.
EXECUTING PUBLIC PROCUREMENT CONTRACTS:
  • Assistance and advice during the execution of the contract, management of service orders, changes to the scope of works and services, amendments and decisions to continue, additional services, management of deadlines, delays, penalties, complaints, contract termination and taking over of the contract management.
  • Assistance and advice on managing subcontracting arrangements (approval, provision of payment guarantees and direct payment).
  • Assistance and advice on settling the accounts (statements, updating and revising prices, penalties and default interest, advances, deposits, claims and settlement procedures).
  • Assistance and advice in connection with the acceptance of goods or services.
  • Assistance and advice on the application of contractual and legal guarantees.
OUT-OF-COURT SETTLEMENTS AND LITIGATION:
  • Assistance and advice in public tendering disputes (pre-contractual and contractual summary proceedings, third party claims, claims for misuse of power).
  • Assistance and advice in disputes relating to the execution of contracts (disputes over service orders, delays, termination of the contract for misconduct and grounds related to public interest, default of the contractor, settlement of accounts and accounting statements).
  • Assistance and advice in disputes related to the execution of the contract, and the management of the warranties and liabilities of construction contractors and insurance companies.
  • Assistance and advice in inter-company disputes (disputes involving subcontracting and groups of companies).
  • Assistance and advice in the use of alternative dispute resolution, conciliation and mediation, advisory committees for out-of-court dispute resolution, transactional settlement, arbitration.
  • Assistance and advice to a public infrastructure construction company in connection with disputes relating to the execution of services and contract settlements.
  • Assistance and advice to a contracting authority in determining the rules of public procurement applicable to subcontracted services within and outside the EU territory.
  • Assistance and advice to an industrial company in renewing an authorization to temporarily occupied publicly owned seafront in relation to the export of its products.
  • Assistance and advice to the holder of a concession to operate a hydroelectric power plant that was the object of a potential transfer to a third party.