A great deal of time and effort goes into preparing a bid for a competitive tender.
An unsuccessful bid may have huge commercial implications for the bidder that arise from the loss of a significant business opportunity.
Where the competition is for a contract to provide goods or services to a public authority the process must be run in accordance with EU Regulations. The process must comply with the fundamental principles of transparency, equal treatment, proportionality and mutual recognition.
As Public Sector firm of the Year 2014, the team at Fieldfisher is perfectly placed to partner you in your public procurement life cycle. We know how the public sector works, we know the Public Contracts Regulations inside out and we understand how the Courts will apply the fundamental principles.
We specialise in advising clients who are participating in a public procurement process – guiding them through the process, helping them to ask the right questions and avoid asking the wrong ones. We can help you prepare in case things go wrong. We act for companies of various sizes from SME's to some of the biggest suppliers to government.
If things do go wrong, the time limits for challenging a procurement decision are short and therefore you need to be ahead of the curve with experts on hand to help you.
We provide expert advice to clients who have been unsuccessful in a procurement, advising on whether they have grounds to challenge the decision and on the risk/ reward ratio of mounting a challenge. Where the contracting authority is in breach of the rules we represent clients in the legal process. Whether your aim is to obtain an award of damages or an order overturning the decision to award the contract to the successful bidder, we are here to help.
- Represented a FTSE 100 company in a challenge to a decision on the award of a Framework Agreement for Computer-based testing worth £150m.
- Advised a client on a Judicial Review of the government's decision to award a concession agreement to a competitor.
- Advised on proceedings to challenge the decision of an NHS Clinical Commissioning Group.