Public contracts and Private Public Partnerships (PPP)

Public contract law and Public Private Partnerships.

Today, the Public Corporate law team has developed a high level of competence in the area of public contract law (public works markets, public delegation services, partnership agreements, national domain agreements and other complex contracts), recognised by the economic actors in the relevant sectors of activity.

The team regularly counsels public authorities in the preparation and respect of tendering procedures:

- definition of the optimal contractual framework
- preparation of public announcement and consultation documents
- drafting contractual documents
- assistance throughout dialogue and negotiations phases
- evaluation of candidates and bid offers
- assistance in drafting evaluation reports on candidates and offers
- assistance in concluding the contract
- litigation representation (pre-contractual interim measures, court hearing)
- monitoring contract execution and if necessary any contractual litigation
- Mediations and implementation of the transactional process in public law.

This activity also includes work with private operators, for which the Public Corporate law team has developed a genuine service of assistance throughout the whole process, from understanding the needs of the public authority and the contract documentation, through the bid preparation stage, negotiations and finally at contract execution stage:

- understanding the company’s rights and obligations in the related contractual documents
- evaluation of the procedure carried out by the public authorities
- advice on preparing candidate application, grouped agreements, shareholder agreements, project company articles of association
- risk evaluation, handling queries in the project contract
- assistance in drafting the proposal and amendments throughout the negotiation process
- drafting financing documentation
- entering into subcontract agreements, assistance with drafting subcontracts
- litigation representation (pre-contractual interim measures, court hearing)
- contract execution: claims, indemnity litigation, etc.

As well as a multi-disciplinary approach and experience acquired in matters relating to public contracts and financial structures, UGGC & Associés has in addition, created a team dedicated to PPP contracts. The team was created to allow the firm to provide services to public and private clients in this new practice area.