Public Procurement, Concessions, PPPs and Public Contracts
Lead departmentWe assist economic operators, concessionaires and contracting authorities in works, services and supply tenders, concessions, public-private partnerships and project finance, as well as in drafting and managing public contracts and tender documents and in managing EU and PNRR funds. This is the firm’s flagship department.
Services
What we do.
- —Participation in tender procedures: analysis of tender notices and specifications, general and special requirements (Articles 94-98 of Legislative Decree No. 36/2023), SOA qualification, reliance on third-party capacity (avvalimento), temporary groupings, consortia and business networks
- —Concessions and PPPs: works and services concessions, project finance (Articles 174-208 of Legislative Decree No. 36/2023), risk allocation and economic-financial equilibrium, financial plans (PEF), revision and rebalancing of concession agreements
- —Public contracts: drafting and negotiation of tender documents, specifications, agreements, works and concession contracts, framework agreements, agreements under Article 15 of Law No. 241/1990 and in-house awards
- —EU and PNRR funds: access to and management of EU and PNRR funds, expenditure eligibility, cumulation of aid, traceability of financial flows, reporting and controls, investment stability and use-restriction obligations
- —Administrative litigation: appeals to the Regional Administrative Court (TAR) and the Council of State against exclusions, admissions and contract awards, interim relief, access to tender documents and compliance proceedings (giudizio di ottemperanza)
- —Contract performance: reservations and works accounting, contract variations (Article 120 of Legislative Decree No. 36/2023), suspensions, price revision, penalties, termination, withdrawal and testing
- —Alternative remedies: amicable settlement (accordo bonario), transaction agreements, the technical advisory board (collegio consultivo tecnico) and arbitration in public works matters
- —Supervision and requirements: ANAC proceedings, entries in the information register, procedural remediation (soccorso istruttorio), serious professional misconduct and anti-mafia clearance
Other departments