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Public Procurement

We offer specialist advice to private and public sector clients on all aspects of public procurement including supplies, services and works contracts. One of the priorities for the public sector is achieving efficient and cost-effective procurement of works, services and goods and we take particular care in structuring our clients’ transactions so as to best comply with the rules, choosing the appropriate tendering procedure and managing the procurement process correctly. The priority for the private sector providers is to ensure that the tendering procedures are conducted fairly and transparently, so that time and money is not wasted in participating in the process.

 

We offer specialist advice to private, public sector and utilities clients on all aspects of public procurement including:

  • Compliance issues;
  • EU developments such as communications from the Commission and European Court of Justice (ECJ) decisions;
  • The procurement process, the appropriate procedures, conduct of the evaluation of tenders and contract award issues;
  • Framework agreements;
  • Information entitlements under Freedom of Information Acts, EU Regulations, Data Protection law and Public Procurement rules;
  • Interpretation of EU and Irish procurement law;
  • Monitoring and auditing public procurement processes;
  • Preparing relevant notices;
  • Preparing tender documentation;
  • Managing compliance through the structuring of procurement transactions;
  • Preparing and advising on procurement documents such as contract;
  • notices, instructions to tenders, prequalification questionnaires; and
  • Pursuing remedies for breach of procurement rules.

  • Advised RPS Consulting Engineers on its recent successful High Court case challenging the reasons given by Kildare County Council to unsuccessful tenderers. 
  • Advising a third level institution in relation to the procurement of a construction project involving advising on the prequalification and award criteria, evaluation process, clarifications and compliance issues;
  • Advised a utilities company on the procurement of a service provider for a major services contract involving the negotiated procedure under the Utilities Directive involving the preparation of PQQ and ITT documents, advising on award criteria and marking schemes and tender compliance;
  • Advised a third level institution in relation to procurement through framework agreements;
  • Advised a utilities company on the engineering procurement documents for the design supply and installation of wind turbines, civil and electrical works, involving the preparation of PQQ and ITT documents, advising on award criteria and marking schemes and tender compliance;
  • Advised various local authorities on the procurement process for services and works contracts involving the ITT documents, evaluation of tenders, clarification of tenders, advising on non-compliance of tenders, exclusion of tenderers and standstill letters; and
  • Advised a State Agency in relation to EU procurement rules and procedures relating to a computer system project involving advising on the application of minimum requirements for short listing and contract award issues.
  • "According to a source, Finola McCarthy "susses out the issues and puts usable options in front of us." Another adds: "She has excellent knowledge of current industry practices." McCarthy handles the full range of construction mandates and has expertise in health and safety, planning and environmental law. " - Chambers Europe

 

 

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