Procurement law

The public procurement sector bears various pitfalls for all participants

Through individual solutions, PwC Legal helps public contractors and tenderers avoid problems. Clients either seek our advice on specific issues or utilise our comprehensive full-service packages.

Do you want to utilise the full creative potential for your procurement project? Or award a project directly to your municipal entity without public tendering? Do you, as a tenderer, suspect to that you were improperly treated during a tender proceeding?

How we can help

Our experienced and well-connected procurement law 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 like public-private partnerships (PPP). You’ll also benefit from our solid market reputation in 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 the preliminary public contract procedure, advise on the choice of procedure for the award of public contracts and review public contracts and tenders for legal validity. In addition, we assist authorities and private developers in setting up contractual or participative partnerships.

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

Contact us

Els Empereur

Els Empereur

Advocaat Vennoot / Avocat Associé, PwC Legal BV/SRL

Tel: +32 494 57 15 50

Olivier Drooghmans

Olivier Drooghmans

Senior Managing Associate, PwC Legal BV/SRL

Tel: +32 473 53 86 79

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