We regularly act for central and local government bodies and other public authorities which are subject to the public procurement legislative framework when awarding contracts.
We also regularly advise utilities which are subject to the framework and rules – such as in the energy, water and rail sectors.
Equally, we advise bidders and third parties participating in public procurement processes, enabling them to use to their full advantage the commercial opportunities in tender processes whilst simultaneously ensuring that their rights are protected.
We are able to provide innovative solutions and structures, whether to take contracts outside the scope of the public procurement rules or to optimise competitive pressures in tender processes covered by the rules.
We have a clear command of the finer points of the procurement legislation as well as best practice regarding “grey areas”. We give commercial advice in order to navigate clients successfully through the obstacles presented by this fast-developing area of law.
Where procurement policy breaches have occurred we are able to advise clients on constructive solutions to remedy their position and ameliorate the adverse consequences of the breach.
Our areas of work include
- general procurement compliance (including compliance programmes)
- advising on application of procurement framework and rules – whether the rules apply to a particular contract
- handling procurement processes through pre-qualification, tender document finalisation, selection, negotiation and award
- developing procurement documentation, procedures and assessment criteria – including invitations to tender or negotiate, contract award notices, qualification and evaluation methodologies, timetables and bidder negotiations
- transaction structuring including the use of joint ventures or other special purpose vehicles
- public private partnership (PPP) deals
- procurement issues in the context of M&A transactions
- procurement issues in the context of privatisations
- concession contracts
- framework agreements
- outsourcing arrangements
- use of electronic purchasing systems
- evaluating tender documents and procurement procedures to advise on validity of tender awards
- challenging and defending procurement procedures and award decisions and related litigation.
- Multinational petroleum company
Acted for a multinational petroleum company in respect of a procurement contract with the Central Energy Fund (Proprietary) Limited, including a detailed review of the Public Finance Management Act and the Preferential Procurement Policy Framework Act and their respective regulations.
- Novare Actuaries and Consultants
Acted for Novare Actuaries and Consultants (Proprietary) Limited in regard to the procurement of investment management services to the Transnet Retirement Fund, the Transnet Pension Fund and the Transnet Second Defined Fund.
- Department of Rural Development and Land Reform
Advising the lenders to the preferred bidder in the Department of Rural Development and Land Reform PPP project in respect of the financing of the design construction operation and maintenance of a new head office accommodation. Advice includes advising lenders on the draft agreements for bid submission, and reviewing and negotiating all documentation prepared by the Department and the preferred bidder.
- Department of Minerals and Energy of the Government of the Republic of South Africa
Advised the Department of Minerals and Energy of the Government of the Republic of South Africa, in respect of procuring the financing, design, construction, operation and maintenance of two OCGT generation plants by independent power producers. Advice included preparation of all tender documents in accordance with relevant procurement legislation, drafting and negotiating the Implementation Agreement, Power Purchase Agreement, Transmission Connection Agreement with the preferred bidder and reviewing all documentation prepared by the preferred bidder and their financiers.
- Department of Correctional Services
Advising a consortium submitting a bid in the Department of Correctional Services PPP project in respect of the financing of the design construction operation and maintenance of four new prisons in South Africa. Advice includes the review and due diligence of all relevant procurement legislation, reviewing and negotiating all documentation prepared by the Department.
- Mauritian National Treasury
Advised the Mauritian National Treasury on the limited recourse debt financing of phase 1 of the Port Louis-Curepipe Corridor Road Decongestion and Toll Road PPP Programme. Advice includes preparation of limited recourse debt financing term sheets as part of the tender documents in accordance with the relevant procurement legislation and evaluating bidder submissions, and drafting and negotiating all the finance agreements with the preferred bidder.