Public Procurement Law is one of the core of MICHAILOPOULOS & ASSOCIATES practice areas.

The compliance with the incumbent rules is of great importance. Especially nowadays, in view of the intensification of state monitoring of public contracts award, the need for truly specialist legal guidance is even more crucial. We are a key provider of best practice and know-how in this area and provide comprehensive legal services in the whole spectrum of public procurement issues.

We pride ourselves for being the leading law firm in Greece that extensively offers legal services both to bidders and contracting authorities and is equally active in pre-emptive consulting and litigation.

We offer special advice to bidders on:

  • Contentious proceedings at administrative level, as well as, at the European Commission and at national regulators and before the competent courts; our work includes the handling of objections and administrative appeals against the contracting authorities, applications of interim measures and acts of annulment before the competent courts and complaints lodged at the European Commission;
  • Special legal issues related to the participation at tender procedures, such as assistance at the stage of the tender preparation, or to the execution of public contracts and
  • On strategy matters related to the participation of bidders throughout the public procurement process, to the drafting of contracts between bidders and their sub-contractors and bidder consortium agreements.

We advise contracting authorities on:

  • Establishing procurement compliance programmes, especially for public-sector organisations wishing to obtain the managerial capability confirmation in order to undertake projects financed by NSRF funds;
  • The structuring of the procurement process of a public contract award and the drafting of flow charts;
  • The preparation of tendering documents;
  • Complicated legal issues related to the tender requirements and the selection process; processing bidder queries, complaints or administrative appeals lodged by the bidders; delicate bid evaluation issues;
  • The final negotiations and issues that arise at the contract conclusion stage and
  • The monitoring and support throughout contract implementation.

Our preemptive consulting and litigation services cover all stages of the life-cycle of a public contract.

The due planning and preparation of the procurement procedure is of paramount importance. Missteps at this stage might cause irrevocative damage or significant delays. The saying “If you fail to plan, you are planning to fail!” applies absolutely in this respect. Our profound understanding of the sector and the modus operandi of the public authorities render us excellent communicators of the legal complexities related hereto. We can assist you shape an efficient strategy covering all aspects, legal, technical and economic and, thus, overcome the pitfalls of the regulatory framework.

Assistance during the tendering procedures is equally essential. Procurement procedures are highly formal processes with strict deadlines. We can advise you upon any legal or technical issue with regard to the tendering procedures aiming at winning public contracts or performing them to the benefit of both public and private entities.

Crucial legal issues might also arise during the contract execution phase. Post-contract signature modifications may occur provided that they are not substantial. However, to what extent changes after the contract award, or the transfer of a contract to another entity are permitted might become complicated. We can support you to navigate through the regulatory and contractual framework by providing practical advice and solving any risks that may occur.

Compliance, in view of the active involvement of independent authorities overseeing the legality of the procedures and the regularity of spending, is a recent concern in public procurement. Given the fact that a great amount of contracts is funded by EU Funds, the Managing Authorities and other competent institutions are vested with the responsibitity of safeguarding the legality and the regularity in accordance with the rules that govern the management and control of the public expenditure. Thus, major procurement compliance issues are at stake. We provide legal assistance regarding any type of sanctions deriving from regulatory and compliance breaches, as well self-cleaning measures related to the exclusion for tendering procedures.