Public Procurement, Privatisations, Concessions & Public Private Partnerships

The generalized global trend to privatise utilities has led to a marked increase in cooperation between the public and private sectors in recent years. While Public Procurement had always been a key driving factor for economic growth, job creation and innovation, during the last few decades, States increasingly opt for strategies including Concession, Privatization and Public Private partnerships, supplementing their traditional regulatory and procurement activities, thus aiming to create an economy that is more innovative, resource and energy efficient, as well as socially-inclusive.

Public Procurement/Concessions

Concessions are a particularly attractive way of carrying out projects in the public interest when State authorities need to mobilise private capital and know-how to supplement scarce public resources. They represent a significant share of the national economic activity and are especially common for the delivery of services of general economic interest.

Koutalidis Law Firm has extensive experience in Concessions, as well as in more traditional forms of public tenders for the procurement of goods, works and services. Our Firm has been involved in major innovative and complex projects, for both private and public sector clients (including the Greek government), which have required a combination of detailed  and highly technical legal expertise, innovative thinking and commercial focus. Our extensive client base covers a large number of industries, including infrastructure, transport, energy and telecommunications, as well as Greek public authorities.

Our team provides efficient consultancy services to clients around the world on how to navigate government regulations and policies and on how to structure contractual relationships with other market participants and public authorities. Our vast experience accumulated by advising on a comprehensive range of tendering processes enables us to offer our clients first rate assistance across the full spectrum of legal, regulatory and compliance issues they may encounter, addressing public procurement issues from the perspective of all those involved in the procurement process. Our experienced and fully dedicated team also specialises in assisting clients in contentious administrative proceedings.

Services

Our Public Procurement team offers legal advice to potential bidders on a wide array of Public Procurement related issues, which include the following:

• interpretation and implementation of the European and national legislation governing public procurement and public law contracts,
• preparation of bids for participation in public tenders for the awarding of public procurement contracts,
• legal support in the course of the tender procedure, including drafting and responding to tender documents, negotiating contracts, evaluation and awards,
• drafting, negotiation and implementation of public procurement and public concession contracts,
• specialized legal support in project finance planning,
• guidance for contracting authorities whose tendering processes have been challenged,
• challenging award decisions when in breach of the pertinent public procurement rules, before both administrative authorities and administrative courts,
• legal support in dispute resolution before administrative authorities, courts and arbitral tribunals, both during the tender procedure and in the course of the project implementation (objections, recourses, petitions for interim measures etc.).

Privatisations

Privatisation is currently a very active area of law in Greece and is expected to continue to grow in the immediate future. Our firm has always been at the forefront of this sector, having already acted, or presently acting, in several transactions either for the State or for bidders – concessionaires in most cases, including some of the largest privatisations to have been concluded. We are currently involved in various on-going privatizations launched by the Hellenic Republic Assets Development Fund S.A. since its establishment on 2011, whilst we also have a very strong track record in successfully completed privatizations in Greece.

Koutalidis Law Firm has extensive experience in acting for the sellers, bidders, targets as well as financial investors and lenders in complex and important privatization projects and is able to develop out of the box solutions to seemingly unsolvable problems combining innovative approaches and practical experience.

Services 

We provide advice on all aspects and throughout all stages of privatization projects, including:

• structuring of the transaction: starting from the initial conception stage until its completion,
• assistance throughout all stages of the tender process,
• preparation, review and negotiation of tender documents, such as process letters or bids, as well as transaction documents,
• legal and regulatory compliance issues relating to the target and the transaction,
• liaising and working closely with regulatory and other public authorities in order to gain the necessary insight on the requirements of the transaction,
• due diligence review on the target with the aim to identify and address key issues early on and to avoid unnecessary implications,
• post-closing assistance, including on matters concerning transition and integration of activities.

Public Private Partnerships

When designed well and implemented in a balanced regulatory environment, Public-Private Partnerships (PPPs) can bring greater efficiency and sustainability to the provision of public services such as energy, transport, telecommunications, water, healthcare, and education, while also presenting opportunities for the private sector to participate in varying degrees in the maintenance, operation and management of infrastructure improvements. PPP arrangements come in many forms and are still an evolving concept, which must be adapted to the individual needs and characteristics of each project and project partners. Our clients rely on our advice to help understand and assess the complex legal environment characterised by the interaction of EU and national legislation, detailed project contractual documents and importantly, specific procurement regulations in order to execute their most complex transactions.

Our deep understanding of the evolving nature of the PPP concept is a result of our extensive experience participating in various PPPs projects, representing both sides. Our team has the experience and expertise to assist clients in navigating through the PPP process, which is extremely dynamic and tailored to the specific circumstances. We provide seamless advice on how to structure the relationship between the parties, so that risks are borne by those best able to control them, and assist in achieving a well-crafted agreement creating co-dependence and transparency, while enabling all involved parties to achieve their goals. We also provide assistance to the participants throughout the procedure, so that they work together towards joint solutions and work through new issues as they arise.

Services

We provide advice on all aspects and throughout all stages of PPP projects, including:

• interpretation and implementation of the European and national legislation governing PPPs,
• preparation of bids for participation in public tenders for the award of PPP contracts,
• legal support in the course of the tender procedure, including developing and responding to tender documents, negotiating contracts, evaluation and awards,
• preparation, review and negotiation of tender documents, such as process letters or bids, as well as transaction documents,
• setting up of special purpose vehicles and joint ventures,
• liaising and working closely with regulatory and other public authorities in order to gain the necessary insight on the requirements of the transaction,
• specialized legal support in project finance planning,
• legal support in dispute resolution before administrative authorities, courts and courts of arbitration, both during the tender procedure and in the course of the project implementation (objections, recourses, petitions for interim measures etc.).

Nikitas Fortsakis
Partner
    +30 210 360 7811
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    nfortsakis@koutalidis.gr






Yiannis Kantas
Partner
    +30 210 360 7811
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    ykantas@koutalidis.gr