Procurement law

PwC Legal supports contracting authorities in designing and executing procurement procedures. We advise on the choice of the appropriate procedure, the drafting of selection and award criteria, the formulation of contract terms and support contracting authorities in the evaluation process. We also review procurement documents for legal risks and compatibility with the Public Procurement Directives and European law. We support contracting authorities in developing procurement policies, establishing internal processes and ensuring an efficient and lawful procurement practice. In addition, we provide complete, tailor-made templates for internal procurement processes, templates for requests for proposals that ensure transparency and consistency, terms of reference templates and other procurement documents, adapted to different procedures. These templates are not generic, but are tailored to your organisation, so that they are immediately applicable and comply with the relevant laws and regulations.

Businesses participating in procurements can rely on strategic guidance throughout the entire tendering process. We assess procurement documents, advise on the positioning of your tender and submit questions to the contracting authority to eliminate ambiguities. We also provide support in forming consortia and engaging subcontractors.

After award, we advise on the conclusion and execution of public contracts, framework agreements and concession contracts. We provide guidance on material modifications to ongoing contracts and assess whether re-tendering is necessary.

PwC Legal guides contracting entities and businesses in the special sectors (water and energy supply, transport and postal services) and advises on concession contracts for works and services.

We support contracting authorities in developing procurement policies, establishing internal procedures and ensuring an efficient and lawful procurement and contracting practice. We also provide training and workshops for procurement departments and legal teams. Further, we  assist in drafting policies that align with sustainability and circular economy ambitions.

The European Foreign Subsidies Regulation introduces a notification obligation for undertakings participating in procurements that have received foreign financial contributions. PwC Legal advises tenderers on the applicability of the FSR notification obligation, the qualification of financial contributions from third countries and the preparation of the required notifications and declarations. We guide undertakings in collecting and analysing the necessary information and provide support in any investigations by the European Commission. We also advise contracting authorities on their obligations when receiving and forwarding FSR notifications and dealing with standstill periods. Through early involvement, we help prevent procedural complications from jeopardising your participation in procurements.