With our wide range of public expertise and our holistic multidisciplinary approach, PwC Legal helps clients with all kinds of public contracts and projects – from public procurement legislation to contract drafting, regulatory and compliance – and much more! We provide integrated solutions in collaboration with financial and technical experts, making us a one-stop solution service provider.
Do you want to structure a specific project taking into account legal, financial and technical elements? to optimise the results of a tender procedure? to understand which contractual arrangements would result in the best value-for-money outcome?
How we can help
Our experienced and well-connected public contracts and projects experts are highly familiar with the specific economic and political realities of your region. Depending on the mandate, we can involve specialist lawyers for various procurement models, for example public-private partnerships (PPP). You’ll also benefit from our solid market reputation for advising and planning complex procurement proceedings, including various national and international PPP and infrastructure projects in the transport, information technology, energy, supply and waste management sectors.
We also perform legal audits on preliminary public contract procedure, advise on the choice of procedure when awarding public contracts, and review public contracts and tenders for legal validity. In addition, we assist authorities and private developers when setting up contractual or participative partnerships.
What makes our team particularly well suited to cover your needs, is our capacity not only to structure tender procedures, but also to advise you on contractual set-up, contract drafting and negotiation and, if needed, to assist you in any type of litigation.
Are you a public contractor?
We will:
- Assist you in market research
- Assess tender obligations and design procurement agreements outside of the procurement law
- Design national and European procurement proceedings including the definition of appropriate selection and award criteria
- Cooperate with you to elaborate contract and tender documents
- Draft public tender notices
- Answer the questions of tenderers for you
- Manage or accompany evaluations and assessments of tender applications and offers
- Negotiate offers, for example, in negotiation procedures
- Manage complaints filed by tenderers
- Legally represent you in second or higher instance proceedings before the public procurement division of the Council of State and up to the European Court of Justice
- Review existing internal procurement guidelines regarding compliance with procurement law regulations (including specific federal state regulations, if any) and elaborate respective policies
Are you a tenderer?
We will:
- Strategically advise you on, for example, the potential of various specific procurement models (e.g. public-private partnerships)
- Strategically and contractually plan the formation of bidding consortia
- Take over consultancy tasks regarding, for example, the design of procurement agreements outside of procurement law
- Review public tender notices and tender documents for any irregularities
- Support you in the formulation of tenderer enquiries
- Review and elaborate tendered contracts
- Advise and guide you on drafting tender applications and offers
- Review tender applications and offers for compliance with the tender specifications
- Review, assess and adapt tendered agreements
- Provide guidance during negotiations
- File complaints and represent you in review proceedings before national, civil and administrative courts as well as before European courts
