Overview
Public project contracts carry terms and procedures differing from ordinary commercial contracts, from prequalification requirements for the tender to performance terms and penalties tied to delay in government projects.
Public-private partnership agreements need structuring that accounts for the project's long duration and allocates operational and financial risk between the government entity and the private partner.
Regulatory Basis
These projects fall under the Government Tenders and Procurement Law and its implementing regulations, which set out tender and contracting procedures with government entities.
How We Handle Public Projects
We carefully review tender terms before submitting a bid, to confirm the company meets qualification requirements and fully understands performance requirements.
Who Needs This Service
A company submitting a bid for a government tender that needs the terms reviewed before submitting its offer.
A private party negotiating a long-term partnership agreement with a government entity that needs risk allocated fairly between the two.
We consistently see that the most common mistake in bidding for government tenders isn't the quality of the technical proposal, but overlooking a small detail in prequalification requirements, like an expired classification certificate or a financial document not meeting the required format, which excludes the bid entirely before it even reaches technical and financial evaluation.
Additional Considerations
When the project is a construction project by nature, the accompanying contracts connect with our construction and engineering law service.
For any dispute arising during execution of the government project, we coordinate with our litigation and advocacy team to assess the company's regulatory position.
Common Questions
Do government project contracts differ from ordinary commercial contracts?
Yes, they carry specific performance terms and penalties, and are subject to specific tender and qualification procedures.
Who bears operational risk in partnership projects?
This is determined by the partnership agreement itself, and we negotiate a fair allocation of risk between the government entity and the private partner.