Overview
Government procurement contracts differ from ordinary commercial contracts in their tendering procedures, qualification requirements, performance terms, and penalties tied to delay, and a company wanting to enter this market needs a clear understanding of these differences.
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The lawyers carefully review tender terms and specifications before submitting the final bid, to determine whether the company meets qualification requirements and fully understands potential performance requirements and penalties before committing to the offer.
Regulatory Basis
These contracts fall under the Government Tenders and Procurement Law and its implementing regulations, which set out tender, qualification, and contracting procedures with government entities.
How We Help With Government Tenders
The lawyers review the tender document precisely, and identify any term carrying unbalanced risk before submitting the final bid for the tender.
Who Needs This Service
A company submitting its first government tender that needs to understand qualification and terms requirements precisely.
A company in a dispute with a government entity over executing a supply or services contract.
Companies often lose government tenders not over the quality of their technical or financial proposal, but over a small formal requirement in the tender document, like a bank guarantee format or a document with an expired validity date. The lawyers recommend reviewing the formal requirements checklist entirely separately from the technical content of the bid, since a bid can be disqualified before reaching evaluation over a formal gap that was easily avoidable.
Additional Considerations
For major construction projects, this connects with the public projects and PPP service.
When a dispute arises over executing the government contract, the lawyers coordinate with the litigation and advocacy team to assess the company's regulatory position.
Common Questions
What's the difference between government procurement contracts and ordinary commercial contracts?
Government procurement contracts carry performance terms and penalties set by law, and are subject to specific tender and qualification procedures that don't apply to contracts between two private parties.
What happens if a company falls behind schedule on a government contract?
The penalties set out in the contract and its tender document apply, and the lawyers review the company's position to assess any defenses available to mitigate these penalties.