In the area of public procurement, laws have been enacted that impose specific procedures on the tendering, award and performance of contracts. This legislation is highly detailed and often requires specialised assistance.
Today more than ever, every player in the sector is expected to be familiar with the public procurement legislation. A lack of knowledge in this area quickly leads to serious risks of illegality, nullity and other (often financial) risks, not only for government agencies but for all the parties involved.
At GSJ everything starts with specialised knowledge of public procurement law, but we go much further. Based on this expertise, GSJ’s teams help their clients identify the most strategically appropriate options for each project.
Interesting projects and initiatives are often commissioned, financed or supervised by or in cooperation with government agencies. In some cases, cooperation with public authorities leads to the applicability of the public procurement regulations, although this is not always the case. However, even in the latter eventuality often there is no leeway when it comes to negotiations and contracts.
GSJ’s teams advise governments, government agencies, contractors, developers, landowners, suppliers and producers in the implementation of initiatives, major works and projects ranging from conventional constructions to more complex forms of cooperation: DBM and DBFMO construction teams, PPP projects and urban development. GSJ’s experts also contribute towards the future-oriented development of new forms of cooperation such as development processes and integration within the BIM sector (Building Information Models).
In this regard, GSJ take on several roles: architect of the contract structure, supervisor of the actual contract and long-term advisor. Our lawyers focus on feasibility. At GSJ, we believe that every limitation is a challenge that creates a stepping stone to success.
GSJ have extensive expertise in the following areas:
- Drafting and checking of specifications, tenders, selection and award decisions, etc.;
- Preparation of contracts and clauses, negotiations and consultations among the different construction stakeholders (construction team projects, DBFMOs, PPPs, BIMs, etc.);
- Advice and assistance with award decisions, justified or otherwise;
- Assistance in suspension and destruction procedures before the Council of State (emergency suspension proceedings and proceedings on the merits);
- Handling of proceedings before the civil courts to obtain compensation for unlawful decisions;
- Handling of proceedings before the civil courts in all kinds of implementation disputes (changes, disciplinary measures, payment problems, exceeding/extending deadlines, reception (or refusal of reception), handover, etc.).