Public procurement, or the process by which public authorities purchase goods, work or services from applicant companies, forms between 10-20% of GDP (gross domestic product). As such, having an experienced commercial lawyer to oversee this your company's part in this hugely important process is essential. The purpose of the regulations surrounding public procurement is to promote and ensure fair competition and transparency in the marketplace and prevent waste, fraud and corruption. A commercial lawyer for public procurement can assist both public sector clients and businesses. Competitive tendering and procurement rules apply and there are serious consequences for non-compliance.
A key action in successful tendering is to prepare a procurement strategy well ahead of the actual process commencing. Having all of your compliance issues sorted in advance will always give you an edge over less-prepared competitors. It also allows for a proper assessment of costs and time in order to manage both effectively. A commercial lawyer will ensure that you have a strong, solid position from which to submit your tender. They can also provide an in-depth analysis of tenders received from public sector bodies.
Commercial solicitors for the procurement process through Oratto
Oratto has a number of member lawyers who are highly specialised in public procurement processes. Oratto has been developed as a simple online platform, designed to promote easy and quick access to the legal advice that you need. Seeking early legal engagement can strengthen your position and put you in control, allowing market testing to be carried out which can help to ensure that the process is comprehensive, transparent and compliant with legal regulations, as well as leaving you more confident about the overall process. All of the solicitors listed on this page are experts in every aspect of public procurement. To contact an Oratto member lawyer, choose a name from the list or send your details to us and we will identify the best solicitor for your individual needs.
Stages of procurement
Tenders are governed by the Public Contracts Regulations 2015, which provide guidance for public authorities on regulatory and commercial matters. Multiple factors go into establishing a secure procurement process and your chosen lawyer will be able to advise on any and all of these. Factors include:
- analysing the reasons behind the undertaking of the process
- understanding the works and/or services which are to be procured
- a suggested contract duration
- establishing the initial timeframes within which the procurement process must be carried out
- an assessment of the likely competition to tender
Your Oratto member commercial lawyer will be able to offer specific advice on each stage of procurement, right from its very inception when the contracting authority announces its intention to award a contract through to tender and onwards. This includes the provision of legal advice on procurement strategy, drafting OJEU notices and ensuring the practical application of procurement rules.
Another vital element of procurement is for procurement specialists is advising on and constructing all aspects of relevant tender documentation. This is not an exhaustive list, but some of the main considerations are:
- contract award notices
- VEAT notices
- contract notices
- any and all advertising
- invitations to tender
- competitive negotiation
- ensuring legal compliance across all aspects of the process
- submitting final tenders
- regulation 86 notices
- standstill letters
- challenging a procurement award
Procurement is a complex legal area and having an experienced commercial lawyer on board is a must. Contact Oratto today for access to high end legal advice on the public procurement process.