Public Procurement & Projects

Public Procurement & Projects

Zepos & Yannopoulos has significant expertise in public procurement and infrastructure projects. We advise clients, usually international legal entities, on a wide array of legal and tax related issues.

Our public procurement team offers legal advice to potential bidders and awarding authorities on a wide array of public procurement- related issues, which include the following:

  • Launching of public tenders by state authorities and tender notice drafting and publication
  • Monitoring of public tenders and participation strategies to be followed by potential bidders, both from a legal and a tax point of view
  • Compilation of bids by potential bidders
  • Challenging of award decisions when in breach of the pertinent public procurement rules, both before administrative authorities and before administrative courts
  • Drafting and negotiating public contracts (procurement, services and concession agreements)
  • Potential changes in public procurement contracts following award, such as substitution of contractors or termination of contracts.
We advise state-owned companies and other awarding authorities in connection with the launch of public tenders, we monitor the tenders and draft and negotiate the relevant public contracts. Our expertise includes acting on behalf of the Organising Committee for the Olympic Games, Athens 2004, in relation to the award of an exclusive broadcasting contract for the Athens 2004 Olympic Games. 

Our expertise covers a wide spectrum of industries including technology, energy, infrastructure, pharmaceuticals and defence. We have also been involved in many of the privatisation projects launched by the Hellenic Republic Assets Development Fund (HRADF). 

We regularly advise foreign clients with respect to their participation in public procurement tenders related to defence contracts. We advise on the preparation of bids, on negotiations with the Greek State, the Greek Military Forces and State controlled entities in what regards award of contracts and offsets, on DIP and compliance issues which include limitations on agents’ commissions for government procurements. We often advise US clients with respect to FCPA compliance issues involving aspects arising in Greece. In this respect indicative recent projects include advice to a Swedish contractor for the award of a contract for the procurement of four airborne radar systems to the Hellenic Air Force, and to a French/German contractor in the context of procurement of twenty four helicopters to the Ministry of Defence and the provision of the relevant offsets to the Greek state. We also advise US Defence Contractors on a regular basis on various tender and compliance legal and tax issues. 

With respect to infrastructure projects, we regularly advise foreign clients on the optimal structure for undertaking their operations in Greece; our advice extends to the ensuing tax implications and obligations, including corporate income tax issues regarding contractors and subcontractors. In conjunction with such activities, we frequently advise on the allocation of Greek and foreign source income, foreign tax credit planning, intra-company arrangements and transfer pricing issues.

For example, we have advised:
 

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