As public procurement proceedings are becoming more and more frequent and their procedures very formal, the entities involved in such proceedings are forced to act very carefully while planning their actions from legal perspective. We are to support the awarding entities and economic operators by mitigating the legal risks related to the public procurement procedures.

The professionals of our International law firm have successfully participated in dozens of public procurement projects, rendering legal services throughout the tender process. In response to our Clients’ needs, Deloitte Legal office offers comprehensive legal services in the scope of public procurement law, both to the awarding entities and economic operators.

We offer the following assistance to economic operators:

    • Detailed analysis of the terms of reference and public contracts from the perspective of potential legal exposures;
    • Support to the economic operators in preparing the tender documentation, as well as in ensuring full compliance of such documentation with the formal requirements of the procedure and in adhering to the prescribed timeframes;
    • Representation of the Client in the tender procedure as far as negotiations are concerned, insomuch as the negotiations are conducted through correspondence with the awarding entity and preparation of legal opinions as regards material issues arising in the course of the procedure;
    • If required, initiation of the appellate procedure by preparing an appeal and further documents;
    • Document procurement for Italian dual citizenship matters;
    • Representation of the Client’s interests before national chamber of appeal, courts and other relevant authorities;
    • Legal assistance and advisory in setting up of transparent general procurement procedures in client´s organization (including other than public procurement).
document procurement

We offer the following comprehensive services to awarding entities:

    • Drawing up comprehensive opinions presenting the available tender procedures and the same time, indicating their advantages and disadvantages as well as recommending the procedure that best suits the Client’s requirements,
    • Assistance to the Client in preparation of the terms of reference, with the strict focus on the Clients’ needs and the profile of the market for specific products or services,
    • Review of correctness of tender conditions and its fulfilment ,
    • Audit of system of public procurement,
    • Drafting a public procurement contract (usually being a part of the terms of reference of the tender procedure), securing the awarding entity’s legal security and at the same the selection of the most competitive project,
    • Assistance to the Client in correspondence with the bidders (notices, explanations, etc),
    • After the tenders’ submission, evaluation of the requests to participate in the procedure or of the tender proposals from the perspective of their compliance with the terms of reference and legal regulations,
    • Representation and assistance in public procurement proceedings,
    • Representation in proceedings with relevant authority/office/court