public sector / utilities sector services
Having worked on some of the most complex public procurements and public-private partnership projects in CEE/SEE, across all major industries (such as health, energy, infrastructure, and public transport), Schoenherr's public procurement team is aware of the economic, legal and industry-related challenges and expectations (such as sustainable, green and innovative procurement) involved in procurement procedures. We focus on providing tailored and innovative solutions and structures to optimise the functional and economic success of each procurement project. We support purchasing entities in all stages of procurement procedures, from the initial commercial assessment to the final award and performance of the contract. Our expertise includes structuring and designing the procurement procedures, preparing suitable strategies for dealing with the rules, providing clear and structured advice, and anticipating and addressing potential issues. In addition, we help mediate in potential disputes with tenderers, but can also initiate and handle court proceedings if necessary.
private sector services
Companies face substantial barriers, such as administrative obstacles (e.g. formal requirements), discriminatory, technical and legal tender submission requirements, or a lack of knowledge of the legal context when taking part in public procurement procedures, especially in cross-border procurement procedures. Due to our CEE/SEE presence, Schoenherr's public procurement team is able to provide structured advice covering the whole region. Combining our in-depth knowledge of the EU framework and our long-standing experience with the specific domestic legal rules and administrative practices allows us to address potential issues at an early stage in a project and to anticipate potential risks. Working for both public and private sector partners, we have acquired transferable skills which we apply to identify opportunities and risks in procurement procedures. By providing insightful legal, commercial and strategic guidance, we successfully navigate our clients through cross-border tender procedures, and help them to enforce public procurement rules, and challenge infringements of procurement law before the national courts and review authorities, if required.
ppp and concessions
Constantly being involved in and advising on various aspects of major infrastructure and energy ppps and concession projects in the region, we understand the financial and operational drivers behind ppp projects, and provide tailored legal advice. Working closely with Schoenherr's corporate, banking & finance, construction and energy experts, the procurement team prepares complete legal documentation and provides advice on all legal aspects and in all phases of ppp and concession projects, such as legal risk assessments, the contractual framework, preparation and structuring of the tender procedure, financial close, or the implementation of the project and ex–post facto evaluation tasks.
- public procurement proceedings
- defence procurement
- concession projects
- public private partnerships
- procurement compliance / self-cleaning
- legal remedies /representation before appeal courts
- state aid
- due diligence
- legal opinions
- trainings and in-house workshops