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Procurement and state aid law

The role of the public procurement function within public bodies has taken on a new importance - the pressure is on to buy more smartly, spend less and collaborate with others in purchasing. This often means bigger, higher profile procurement activity using competitive dialogue, frameworks or central purchasing arrangements.

Up to the minute legal advice is vital. For those who are looking to buy, there are various rules and regulations surrounding the procurement process. For those wishing to take advantage of opportunities, pragmatic advice is needed on how to maximise the chance of success.

Eversheds Sutherland has a dedicated public procurement group with lawyers working on major procurement matters both from a non-contentious compliance aspect and on contentious disputes. It is a team which has consistently led the field in terms of innovative solutions to public procurement issues. What really sets us apart is that we provide commercial, balanced and strategic procurement legal solutions based on the impact of the current legislation and the application of the EU Directives and associated case law.

Our team across Europe has strong sector experience in local government, education, health, regeneration, defense and transport, which complements the sector focus within our procurement teams with key individuals having wider governance and contractual backgrounds.

Experienced procurement lawyers

We have extensive procurement experience, assisting private tenderers with queries during tendering opportunities including:

  • German company Scheidt-Bachmann during participation in tenders for the supply of electronic ticketing systems
  • Smiths-Medical Italia during participation in tenders for supplies of electric-medical equipment
  • providing tenderers and court proceedings for several companies including ERG, the Australian mult-inational tender company of Atac, for management of the electronic ticketing system in Rome

Other key deals include advising:

  • on the PLN 4.9 billion National Toll Collection System project, the largest public procurement project in Poland in 2011
  • London Legacy Development Corporation, responsible for managing the London 2012 Olympic Legacy across the Queen Elizabeth Olympic Park
  • three purchasing coops responsible for the purchase and distribution of over $3 billion annually in specialty chemicals which control over 25% of their respective markets for agricultural chemicals, pesticides and lawn, turf and ornamental chemicals

State aid legal advice

Our experienced team takes a commercial approach to state aid compliance, weighing up the need for compliance with the State aid regime and the commercial and political drivers relevant to publicly funded projects.

We always provide clients with an upfront assessment of a proposed measure of assistance. Wherever possible we look to provide advice on how assistance can be structured to avoid the lengthy process of formal approval by the European Commission.

Where notification is required, you will gain from our extensive experience of negotiating directly with the European Commission and relevant Central Government Departments to achieve approval for novel and innovative publicly funded projects.

Contact our procurement and state aid lawyers

If you would like any further information or need advice, then please do not hesitate to contact our procurement and state aid legal team.

Commercial Law InView

The work we undertake in Eversheds Sutherland commercial group is wide ranging and so we thought it would be helpful to introduce the team on screen in our dedicated video gallery, Commercial Law InView.

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