Public Procurement & Projects
Public Procurement & Projects
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.
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:
- The PSA Group on its bid for the Thessaloniki & Piraeus Port Authority Tenders for the long term concession of container terminals
- A consortium led by IVECO in the context of litigation for the procurement of thermal buses
- Doğuş Group with respect to its participation in the tenders launched by HRDAF and other state authorities for the long term concession and exploitation of various tourist ports and other real estate assets in Greece
- A Danish company operating in the aerospace, defence and homeland security industry on the participation in a tender related to a NATO funded project in Greece
- A joint venture between the Public Power Corporation (PPC) and Urbaser SA (subsidiary of the multinational construction company ACS) in its bid for a major PPP waste management project in northern Greece
- A consortium of Greek construction companies and foreign investors on their bids for the first wave of PPP projects in Greece (Fire Stations Project, Piraeus Police Headquarters, West Peloponnese University, Paediatric Hospital of Thessaloniki)
- Bull with respect to its participation in numerous IT-related tenders and subsequent litigation before the administrative courts and the Court of Auditors
- Northrop Grumman on ongoing compliance matters arising from its relationship with the Greek Ministry of Defence
- Leroy Merlin on the participation in a tender of the Athens International Airport concerning the concession of a space at the Retail Park next to the airport
- Mizuho Bank (formerly Fuji Bank) on its participation in a tender for the strategic management of Hellenic Tourist Properties. We have provided legal and tax support to Mizuho throughout the project, involving strategic and analytical planning for developing more than 150 properties situated all over Greece
- Hellenic Post with respect to the award of a contract for the provision of an integrated information system
- Telcordia Technologies, Inc. in connection with the award of the development, installation and maintenance of the National Reference Database for Portability by the National Telecommunications and Post Commission
- Atos Origin (formerly SchlumbergerSema) in all aspects of its participation in a great variety of public tenders of Greek state companies, including legal review of the relevant contractual terms, preparation of required documentation, etc.
- Urbaser (subsidiary of the multinational construction company ACS) in relation to its participation in a Joint Venture which was awarded a Euro 50 million tender by ATHOC, undertaking the project of Cleaning, Collection and Sustainable Waste Management Services for the Athens Olympics
- Aggreko on a variety of legal issues in connection with the tender “for the selection of Exclusive Official Supplier for Services ensuring the supply of electrical power including the necessary design studies for the Olympic and Paralympic Games”
- Infostrada on the award of the project of the provision of athlete, coach and referee CVs and historical and statistical data services for the Athens Olympic Games
- SAAB Microwave Systems in the procurement of four airborne radars to the Hellenic Air Force
- Rafael Advance Defence Systems for the procurement of missiles systems
- Zimmer GmbH with respect to its participation in the various tenders launched by the Procurement Committee of the Ministry of Health and Social Solidarity
- Philips Hellas with respect to its participation in tenders in the health sector and relevant litigation both before the administrative authorities as well as the administrative courts.
- Urbaser (a leading multinational company in the waste management sector) on the establishment of a Greek joint venture company with Public Power Corporation (PPC) and the participation through such vehicle in the first wave of international tenders for the award of municipal waste management projects across the country
- Ansaldo Breda in relation to tax issues arising from their participation in the consortium for the construction of the Thessaloniki Metro
- VINCI Construction Grands Projets on tax issues arising from their participation in the Apion Kleos joint venture for the construction of Olympia Odos
- Euroionia and E-65 construction consortia (set up by Dragados, Ferrovial and TERNA) in relation to the Ionia Odos and the Central Greece Motorway (E65) Projects (design and construction works)
- A US petroleum company with respect to their participation in the consortium set to construct and operate the Burgas Alexandroupolis Pipeline cross border project
- “Thescros”, a consortium set up by Pantechniki, Attikat, FCC Construccion and E. Pihl & Son AS; our advice covered the legal and tax implications of the Thessaloniki Submerged Tunnel project during the tender phase. Furthermore, we collaborated with Macquarie, the financial adviser of the consortium, and advised on the tax and accounting assumptions of the project’s financial model
- The members of Ellinikes Diadromes (i.e. FCC, Somague/Sacyr, Attikat, Pantechniki and Prodeftiki) in relation to the tender phase of the Central Greece Motorway (E65) Project (designs, financing, construction and operation) and the tax implications of the concession agreement for the construction companies and the concessionaire. Furthermore, we provided tax and accounting advice to Royal Bank of Scotland that was acting on behalf of the construction consortium
- Macquarie in relation to the envisaged participation in a joint venture for the Maliakos Kleidi project, especially regarding the optimal corporate structure for the establishment and operation of the joint venture
- Macquarie in relation to the contemplated acquisition of a stake in Attiki Odos, especially in connection with the implications under the corporate and financing documents pertaining to the establishment and operation of Attiki Odos
- Hitachi on all issues arising from its participation in an Attiko Metro Tender, including public procurement, provision of services, corporate and joint venture issues
- Bouygues Travaux Publics and Systra-Sofretu in relation to tax issues deriving from the Concession Contract for the financing, planning and construction of the Thessaloniki Metro
- European Investment Bank on the financing of the construction of the Athens Airport and its secondment agreements.