Alerion

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Agence de communication - Eliott & Markus

Competences

Public Procurement

Our lawyers advise both contracting authorities and bidders in procurement processes, as well as in related litigations.

We provide advisory and litigation support to contracting authorities, including private players (manufacturers, suppliers, service providers, insurance companies, etc.) acting on behalf of public entities or bodies governed by public law, private entities operating in the public sector, and entities involved in financing transactions subject to procurement law (investment funds, banks, etc.).

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

Capabilities
Procurement processes
  • Contracts entered into by administrative entities, concession contracts, public-private contracts, public contracts related to project management of public and private works,
  • Drafting and reviewing procurement documents, choice of procurement process, initiation of public tendering, support during the bidding process, from pre-market engagement to contract award and in the performance of the contract.
Performance of public contracts
  • Assistance and advice during the performance of the contract, management of service orders, changes to the scope of works and services, additional services, management of deadlines, delays, penalties, claims, 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 against contracting authorities).
  • Assistance and advice in disputes relating to the performance 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 relating to the performance 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 ADR, conciliation and mediation, advisory committees for out-of-court solution, amicable settlement, or arbitration.
  • Adviced a public infrastructure construction company in connection with disputes relating to the performance of services and contract settlements.
  • Provided support and advice to a contracting authority in determining the rules of public procurement applicable to subcontracted services within and outside the EU territory.
  • Advices an industrial company in respect of the renewal of a permit to occupy the public domain (harbor area) in relation to the export of its products.
  • Assistance and advice to the holder of a concession to operate a hydroelectric power plant in respect of a potential transfer to a third party.

Key Contacts

Philippe Mathurin
Partner
Fahima Gasmi
Partner

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