Our highly-regarded Public Procurement team has significant experience in providing both contentious and non-contentious public procurement advice to public, utility and private sector clients. We advise in relation to all aspects of public procurement including EC Directives, the EC Treaty and national public procurement legislation, guidance and circulars.
Our team advises on major and smaller-scale projects, as well as on routine procurements and procurement initiatives such as the wider use of frameworks. We are experienced in dealing with issues involved in project procurement, relating to the different methods of procurement, including traditional contracting, design and build contracting, PPP and EU procurement rules.
Our Procurement team is made up of specialist commercial contracts lawyers, which allows us to oversee both the procurement and contractual aspects associated with the procurement process. This creates greater cost efficiencies for the client and also facilitates smooth collaboration with our projects team.
We pride ourselves in giving clear legal advice on the best way forward for our clients, while drawing upon our extensive practical and commercial experience.
- Contentious and Non-Contentious Advice
- Commercial Contracts
In our contentious work, we assist clients to:
- Create a procurement strategy
- Develop an evaluation matrix / strategy / criteria
- Manage and run competitions
- Establish frameworks
- Prepare tender / contract documents and OJ / e-tender notices
- Prepare internal evaluation guidance / procedures
- Debrief tenderers
- Create an audit trail
- Provide in-house procurement training
- Undertake in-house procurement audits
On the contentious side we have:
- represented both complainants and public bodies: in procurement proceedings: before the High Court, Commercial Court and the Supreme Court;
- dealt with the European Commission in relation to various complaints and investigations taken at a European level;
- successfully managed complaints and challenges without the need for them to escalate to such levels.
- Advising DCENR on the Next Generation Broadband Project for the roll out of a high speed broadband network and wholesales services across Ireland.
- Advising EirGrid on its procurement strategy for its recurring annual spend of around €200m on DS3 System Services which are critical for the effective running of the national electricity grid.
- Advised the Commission for Communications Regulation on the public procurement process for the grant of a concession to act as the Supervisory Authority for Electrical Contractors and, separately, in relation to another procurement process for the grant of a concession to act as the Supervisory Authority for Gas Contractors.