Public Procurement & Public Concessions
The firm is perfectly positioned to assist private bidders with bid preparation and submission in complex procurement processes. We also have significant experience advising public authorities on the design and management of complex, high-value procurement procedures.
Our team regularly represents clients before the Public Contracts Review Board and the Court of Appeal. We have repeatedly helped clients challenge irregular or unlawful tender and concession awards, and have frequently assisted bidders in exercising pre-contractual remedies to ensure that discriminatory, unfair or illegal tender criteria are removed from tender documents.
Our Services
Pre-Bid
We assist bidders in putting together bids and navigating complex requirements, helping to avoid potential pitfalls that may lead to disqualification. We also support bidders with pre-bid agreements regulating relationships between partners, consortium or JV members, and subcontractors.
Pre-Bid Remedies
Maltese law provides bidders with a legal avenue before the Public Contracts Review Board to challenge tender documents containing discriminatory technical, economic or financial conditions, or to correct errors or ambiguities. Interested parties may also request the cancellation of calls that violate any law. This remedy must be exercised within the first two-thirds of the timeframe specified in the call for competition.
We have regularly assisted bidders to successfully utilise this legal remedy, thus allowing our clients a fair opportunity to participate in calls.
Post-Award Challenges
Maltese law allows bidders to challenge any tender or concession award before the Public Contracts Review Board within ten (10) days from the date of the award. We assist bidders to successfully challenge – or defend – awards.
Post-Contract Disputes and Negotiations
We assist bidders that have been awarded contracts in negotiating with contractual authorities and resolving disputes that may arise. Our knowledge of procurement legislation, combined with our expertise in civil and commercial law, allows us to guide clients through this delicate stage of procurement relationships.
Why Choose WH Partners?
- Balanced expertise in advising both private bidders and public sector authorities.
- A proven track record in high-value, complex procurement litigation.
- Deep knowledge of Maltese procurement rules, appeals processes, and policy considerations.
Our Expertise in Public Procurement & Public Concessions
Advising on bid preparation and submission
Challenging unfair, illegal and discriminatory criteria in tenders
Contesting tender award decisions
Assisting with tender drafting and management of procurement processes
Setting-up of joint ventures and consortia for bid submission
Advising on contractual issues post-tender award
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