Procurement

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

“Philip Lee’s excellent approach to building and maintaining client relationships is of particular note and, most importantly, they are there when you need them the most, no matter how short the notice is.”  Legal 500, 2021

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Philip Lee
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Kerri Crossen
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