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Public Procurement Law

 

The lawyers at CHEVRIER & FAVARI act for both public purchasers and companies in the preparation, launch, participation and performance of public tenders in Luxembourg.

Public procurement law encompasses a set of rules relating to contracts concluded between public authorities and private entities. Given the complexity of this field, our law firm has extensive experience and a reputation for excellence in this speciality, enabling us to offer comprehensive assistance to our clients.

Here is an overview of our main areas of practice in this field, with a distinction based on your role:

  1.  Contracting authorities: Assistance with public procurement procedures
  2. Contracting authorities: Review and drafting of specifications
  3. Contracting authorities: Analysing the conformity of tenders
  4. Contracting authorities: Assistance in the event of a tenderer’s complaint
  5. Contracting authorities: Training in public procurement law
  6. Contracting authorities: Assessment of compliance of practices

  1. Companies : Assistance in drawing up or checking a bid
  2. Companies: Intervention in the event of a complaint
  3.  Companies: Training in public procurement law

 

1. Contracting authorities: Assistance from our lawyers with public procurement procedures in Luxembourg

After analysing the needs of the contracting authority, we determine the most appropriate procedure. For example: invitation to tender, restricted procedure, negotiated procedure, framework agreement, public-private partnership (PPP), service or works concession, competitive dialogue, competitive procedure with negotiation, innovation partnership, etc.).

The aim of this analysis is to determine whether an exemption process could be contemplated in order to rationalise efficient public purchasing, while complying with the legal provisions in force.

If a formal procedure is necessary, this intervention will focus on the preparation of the elements that will make up the tender file, which will define the obligations of a successful tenderer.

Once the process has been launched, our lawyers will support public purchasers throughout the selection procedure.

We can help you analyse compliance with the conditions for participation and deal with any irregularities.

This process is completed by the preparation of letters awarding the contract and rejecting bids, through to the designation of the company who has submitted the most economically advantageous bid and the signing of the contract, after expiry of the standstill period.

This assistance can be supplemented by contract management, to ensure that the public contract is properly executed.

What’s more, if the situation changes, we are perfectly equipped to help you prepare a rider to adapt to the reality of the contract and in accordance with the applicable legislation.

Finally, in the event of partial or total non-performance, we can help you prepare a formal notice, apply penalties and, if necessary, terminate the public contract.

 

2. Contracting authorities: Review and drafting of public tender specifications

Our law firm supports public purchasers in carrying out an in-depth analysis of the consultation documents and ensuring that they comply with Luxembourg public procurement law.

In addition to suggesting improvements or corrections to the specifications, our lawyers can advise you on the relevance of the selection and award criteria, in accordance with the new rules applicable since the entry into force of the Luxembourg law of 8 April 2018 on public procurement.

We also intervene for the purpose of verifying the adequacy of procedural deadlines with the parameters of the project so that it can be completed successfully, within the planned deadlines.

Our lawyers will take into account all the specific features of the project to ensure that the documents are relevant and legally sound.

 

3. Contracting authorities: Analysing the conformity of tenders

Our firm’s lawyers are regularly called upon to check the proposals submitted by tenderers in response to public procurement contracts, and assist public purchasers in Luxembourg in checking the compliance and completeness of tenderers’ bids.

In addition to the possibilities – and limits – of regularising bids, we check compliance with the legal obligations relating to the dematerialisation of bids (presence of the DUME, electronic signature created via a qualified certificate, etc.).

We will be sure to inform you of any developments in case law that may have an impact on the analysis of tenders.

 

4. Contracting authorities: Assistance in the event of a tenderer’s complaint

Sometimes a participant in a public procurement procedure challenges the criteria set out in the tender documents or the results of the competitive tendering process.

When faced with a complaint from a bidder or a candidate, our lawyers will be able to work alongside you to assess the merits of the challenges.

We can help you assess the risks associated with the claim and make recommendations to minimise them.

In the event of litigation, our lawyers will help you determine the best defence strategy and represent you before the competent Luxembourg courts.

 

5. Contracting authorities: Training in public procurement law

Our law firm regularly provides training in public procurement law in Luxembourg.

Maître Thibault CHEVRIER regularly acts as a trainer for various training bodies, in particular Abilways Luxembourg, for which he provides:

In addition to general training to introduce teams with public procurement responsibilities to public procurement law in Luxembourg, our lawyers can also provide tailor-made training in specific areas of Luxembourg public procurement law.

Such training can also be given to update the knowledge of those involved in public procurement with regard to legislative and case law developments.

 

    6. Contracting authorities: Assessment of compliance of practices

    In order to neutralise potential weaknesses in existing practices, we offer our customers an assessment of their level of compliance with the applicable rules on public procurement.

    To this end, we carry out an analysis of existing practices (review of supplier ledgers, internal procedures, study of purchasing categories, interviews with the people responsible for purchasing, etc.), past practices (number of formal procedures initiated, justification for exceptions used), enabling us to identify weaknesses and measures for remediation and improvement.

    This approach can be summarised as follows:

    Our approach aims to target potential non-compliances and put in place systematic methods to avoid them, while proactively drawing the attention of public purchasers to developments that will simplify the response to their needs.

       

      1. Companies : Assistance in fawring up or checking a bid

      Our firm’s lawyers are trained to assist companies in analysing bidding documents in order to make recommendations regarding the preparation of a bid in response to a public procurement procedure in Luxembourg.

      We can help you check that your bid is complete and ensure compliance with the legal obligations relating to the legislation and regulations on public contracts in Luxembourg.

      We can also regularly help to clarify the provisions of a set of specifications, or advise you on how to draft a question, or even a complaint, to be submitted to the awarding authority.

       

      2. Companies : Intervention in the event of a complaint

      If the results of a public procurement procedure are challenged, our firm’s lawyers can intervene to put the best strategy in place.

      We can work with you to assess the merits of challenging the public purchaser’s conclusions, so that the appropriate action can be taken.

      In addition to an initial request for reconsideration, potentially accompanied by a request for further information, it will be determined whether it is appropriate to refer the matter to the Tenders Committee or whether an appeal should be lodged as a matter of urgency with the Luxembourg administrative courts, before which our lawyers will represent you.

       

      3. Companies: Training in Luxembourg by lawyers specialised in public procurement law

      Our law firm regularly provides training in public procurement law in Luxembourg.

      Maître Thibault CHEVRIER regularly acts as a trainer for various training bodies, in particular Abilways Luxembourg, for which he provides:

      In addition to general training courses for teams with responsibility for preparing tenders (quantity surveyors, administrative staff), our lawyers can also provide tailor-made training courses on topics specific to public procurement law in Luxembourg for your company.

      Such training can also be given to update knowledge in the light of changes in legislation and case law.

       

      Our law firm is dedicated to providing cutting-edge expertise in public procurement law in Luxembourg. Every request is dealt with promptly, rigorously and professionally, with particular attention paid to the specific needs of each project.

      Do not hesitate to contact our lawyers for further information on public procurement law in Luxembourg.

       

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