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Public procurement

The firm’s lawyers assist public and private stakeholders on all aspects related to public procurement.

As legal counsel and in litigation relating to public procurement and private contracts, the Public Procurement Department supports :
• public bodies and entities under public law within the meaning of the market directives,
• private operators working in the public sector (mixed-enterprise companies [SEMs], social housing companies with a limited company status [SA HLMs], etc.),
• public and private operators working on behalf of public bodies and entities under public law (construction companies, suppliers, service providers, insurance companies, etc.) for the execution of public procurement contracts,
• operators involved in the financing of public procurement operations (investment funds, loan institutions, etc.).

Skills

The formalization of contracts

• governed by the Public Contracts Code,
• under order Nº 2005-649 of 6 June 2005 concerning contracts formalized by certain public or private parties not governed by the Public Contracts Code,
• governed by private law and aimed at the realization of complex operations under a public procurement contract (design-implementation, public-private partnership : long-term administrative lease [BEA], hospital BEA, BEA of SA HLMs, “social housing” BEA, temporary occupancy permit [AOT], partnership contracts),
• aimed at choosing the formalization procedure and implementing the rules on public announcements and competitive bidding,
• when the consultation dossier is being compiled,
• aimed at the organization, in the form of a jointly or severally liable temporary consortium of companies, by the candidates and successful tenderers of public procurement contracts,
• in the context of negotiating contracts resulting from competitive dialogue, design-implementation, amended procedure contracts (MAPA), etc.,
• setting up financial guarantees.

Contract performance

• assistance and advice during contract performance (service order management, changes in services to be provided under the contract, amendments and decision to continue works, further work, time management, delays, penalties, and claims)
• assistance and advice in the management of subcontracting (approval, constitution of payment guarantees, and direct payment)
• assistance and advice in the financial settlement of the contract (invoices, price updates and revisions, penalties and interest on arrears, advances, deposits, written submissions of claims, and itemization of works)
• assistance and advice during acceptance operations (refusal of acceptance, acceptance with reservations, tacit acceptance, lifting of reservations, and implementation of contractual and financial guarantees).

Court and out of court settlements of dispute

• assistance and advice with disputes concerning the formalization of contracts (urgent pre-contractual proceeding, urgent contractual proceedings, “Tropic Travaux” claims, claims concerning abuse of authority),
• assistance and advice with disputes concerning the execution of the contract (disputing service orders, delay, termination of the contract for negligence and in the public interest, failure by the successful tenderer, settlement of statements and deductions),
• assistance and advice with disputes concerning the proper execution of the contract, the management of guarantees and the liabilities of contractors and insurance companies,
• assistance and advice with inter-company disputes (disputes between groups of companies and concerning subcontracting arrangements),
• assistance and advice with choosing and managing settlement agreements or appeals before administrative and judicial courts).