Businesses participating in public tenders must navigate a demanding contractual and regulatory framework. A rejected bid, a restrictive requirement or an irregularity in the award process can have significant commercial consequences. Because the time available to intervene is often very limited, the situation should be assessed promptly.
Julius Legal advises and represents bidders at every stage of the procurement process, both before a bid is submitted and after its rejection or the award of the contract to a competitor.
A bid may be rejected because of an alleged non-compliance, a missing document, a technical requirement, an eligibility condition or the interpretation given to the tender documents.
Julius Legal reviews the reasons provided by the public body, the tender documents, addenda, the submitted bid and the applicable legislative and regulatory framework to assess the legality of the decision and the remedies that may be available.
Some issues must be raised before the deadline for submitting bids. These may include requirements that unduly restrict competition, unjustified technical specifications, a refused equivalent or provisions that appear to favour a particular supplier.
Depending on the circumstances, Julius Legal can assist a business in communicating with the public body, requesting an amendment or submitting a complaint to the contracting authority or the Autorité des marchés publics.
When a bid has been rejected or a contract is about to be awarded, acting quickly can be critical. The available remedies depend on the stage of the process, the nature of the irregularity and the harm suffered.
Julius Legal can advise and represent businesses in connection with safeguard measures, injunction proceedings, declaratory or nullity proceedings and claims for damages that may be available in the circumstances.
Julius Legal has extensive experience with public tenders in the government, municipal and healthcare sectors. The firm regularly handles matters involving bid compliance, equivalency, technical specifications, business integrity and the exercise of discretion by public bodies.
To obtain a timely assessment of a tender process or a rejected bid, contact Julius Legal.