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Services

Procurement


Procurement is of huge importance to all public bodies, utilities and a vast number of private entities.

quotes Clients are "absolutely satisfied with their attention to detail," and praise "the availability of solicitors to handle different problems." Chambers Europe, 2019

For many companies, in particular SMEs, winning government contracts is their lifeblood.  Successfully organising complex or large procurement processes is also of vital importance to the public sector.  Not only is it essential to delivering value for money to the tax payer, but procurement is now also a tool for government policy including job creation, energy efficiency and training.  Non-compliance with procurement rules by public bodies not only brings the risk of legal challenge, but also brings the risk of criticism from the Comptroller and Auditor General or, worse still, it can result in a requirement to repay funds provided by your European Institutes.

 

Philip Lee has been to the forefront of public procurement for over two decades and has advised public bodies in over 500 public procurement processes.  There has never been a successful challenge, or even a legal challenge to a process where we have been retained at an early stage to advise.

 

Equally, we have advised hundreds of private sector companies seeking to tender or who have been unsuccessful in tenders.  We have represented clients before domestic courts, the European Commission and before the European Court of Justice.  We have helped develop the law in several of the leading decisions issued by the European Court of Justice.

 

We have devised standard procurement and contract documentation for numerous public bodies, including the new Government Contracts for privately financed energy efficiency and energy supply contracts.

 

Clients come to us for our in-depth understanding of the international and domestic procurement rules. Bidders come to us knowing we will help them ensure there is a just result in tendering procedures in which they have been involved.

The firm has advised on the tender procedures for works, supplies and services contracts in a wide range of sectors, including local authority, health, waste, education, marine, tourism and transport. On a number of occasions, we have argued the interpretation of the relevant EU Directives in the European Court of Justice as well as in the Irish courts. Our expertise and depth of experience enables us to design robust and innovative competitive tendering procedures that are resistant to challenge.

 

Key areas where clients seek our advice

  • appropriate overall strategies and procedures
  • preparation of OJEU notices and all tender documentation including framework agreements
  • the selection of a preferred bidder
  • challenging and defending contract awards

Buyer beware? How to avoid price shocks in public contracts

Confidentiality Issues in Procurement Litigation – Who Can See What?

Brexit and Public Procurement

Public Procurement Update – Faraday Developments Ltd v West Berkshire Council and Another, and SRCL v NHSE.

E-procurement is here: As of 18 October 2018 all public procurement communications must be electronic. What you need to know.

Lancashire Care NHS Foundation Trust, Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC) 22 June 2018

Time for clarity on limitation periods in procurement proceedings? Newbridge Tyre and Battery Co Ltd v Commissioner of An Garda Síochána

Lancashire Care NHS Foundation Trust, Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC)

Word Perfect Translation Services Limited v Minister for Public Expenditure and Reform

Irish Remedies Regulations Withstand Constitutional Law Challenge

Case Note: Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521

Case Note: BAM PPP Ireland Limited and Balfour Beatty Ireland Limited v National Roads Authority [2017] IEHC 157

Ireland updates its Public Procurement Remedies Regime 

Confidentiality in public procurement proceedings 

Falk Pharma GmbH v DAK-Gesundheit

MJ Hojgaard A/S, Zublin A/S v Banedanmark

R (Faraday Development Ltd) v West Berkshire Council and another

BAM PPP v National Treasury Management Agency

Forum Connemara Limited v Galway County Local Community Development Committee

Public procurement and construction update – April 2015 

 

Get In Touch


Philip Lee
PARTNER

Kerri Crossen
PARTNER

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