Public Procurement Winning Strategy

The purpose of market research is to help the client understand, during the preparatory stage of public procurement, how purchases may develop and how to lawfully communicate market, technical and qualification realities to contracting authorities.

This includes:

• identifying potential contracting authorities

• mapping planned public procurements

• monitoring and initiating preliminary market consultations

• professional consultation with contracting authorities

• raising compliance considerations in advance

• identifying disproportionate or unjustified qualification criteria

• professionally presenting qualification, technical and reference requirements that reflect actual market delivery capabilities

The key is for the client not simply to react to a tender already published, but to understand earlier what procurements are coming, on what terms, and how those requirements can lawfully be met, while doing everything possible to ensure that the planned tender conditions are competitively neutral and realistic.

Our promise

We help clients see opportunities during procurement preparation and communicate professional considerations arising from market realities to contracting authorities within lawful frameworks.

A monitoring and intelligence service - the aim is to ensure clients learn of relevant public procurements in good time. If we find that a procurement plan has not been published, is incomplete, is out of date or omits a procurement that could reasonably be expected, we notify the contracting authority in a lawful, factual manner.

This includes:

• regularly reviewing annual procurement plans

• examining contracting authorities’ procurement plans for omissions

• notifying contracting authorities of incomplete or unpublished plans

• monitoring prior information notices and market consultations

• continuously monitoring procurement notices

• filtering relevant tenders by industry, geography, value threshold, CPV code, contracting authority and qualification criteria

• preparing bid or no-bid recommendations

We identify procedures that are commercially relevant and winnable for the client.

Our promise:
We continuously monitor the market, procurement plans and published notices, then select the procedures in which the client has a realistic chance of participating and winning.

The aim is to ensure that the bid is valid, competitive and deliverable.

This includes:

• analysing the contract notice and procurement documents;

• assessing whether qualification criteria can be met;

• addressing grounds for exclusion and evidence requirements;

• analysing the risks in contractual terms;

• identifying conditions that could make performance unprofitable;

• flagging pricing risks;

• addressing subcontractor, capacity provider and reference-related issues;

• compiling the technical proposal;

• meeting formal requirements;

• submitting the bid;

• handling requests for supplementary documents, clarifications and price justifications.

Contractual terms deserve particular emphasis. Many bidders focus only on qualification and formal requirements, while the real losses are hidden in the draft contract: penalties, lack of indexation, delivery deadlines, unilateral amendment rights, payment terms, liability rules and subcontractor risks.

Our promise
Before submitting a bid, we examine whether it is valid, competitive and economically deliverable.

Legal remedies are an important means of protecting procedural interests. This includes addressing unlawful terms in advance and challenging unlawful outcomes.

This includes:

• identifying unlawful or disproportionate tender conditions

• strategically preparing requests for additional information

• preparing preliminary dispute resolution requests

• supporting access to procurement files

• examining the validity of competitors’ bids

• conducting legal and strategic analysis after the announcement of results

• preparing the substantive basis of applications for legal remedies

• supporting proceedings before the Public Procurement Arbitration Board

• managing standstill periods and procedural deadlines

We recommend legal remedies only when they make sense commercially, procedurally and legally.

Our promise
We examine whether the procedure involved an infringement or a decision distorting competition that is commercially worth challenging and, where necessary, carry the legal remedy strategy through.

During contract performance, the terms committed to in the bid, procurement documents, contractual obligations and legal restrictions must remain aligned. This is particularly important when requests for modifications, delays, additional work, extra costs, subcontractor issues or settlement disputes arise during delivery.

This includes:

• monitoring contract performance from a public procurement perspective

• tracking contractual deadlines, milestones and agreed indicators

• identifying risks arising during performance

• examining the possibilities and limits of contract modifications

• assessing additional work, extra quantities, price changes and technical modifications under procurement rules

• managing the involvement of subcontractors and capacity providers

• supporting performance certification, invoicing and settlement issues

• handling penalties, delays, defective performance and disputes

• preparing consultations with contracting authorities

• establishing documentation procedures in case of subsequent inspection, litigation or audit

Our promise
We continue to support clients after a contract has been won, to ensure that performance is compliant, documented and financially manageable, especially where modification, settlement or performance disputes arise during the contract.

For work requiring legal expertise, legal representation or the involvement of a lawyer, we provide our services with a partner law firm, particularly in legal remedy proceedings, contractual disputes, legal opinions and other tasks constituting legal practice.

Our activities are exclusively directed at using transparent and documentable procedural opportunities permitted by public procurement law; our services do not extend to unlawful influence, obtaining an unfair competitive advantage or improperly influencing a contracting authority’s decision-making.