In the current political and/or social environment the general view and perception is that if there is a hint of irregularity in respect of Public-Private Partnerships they should be declared invalid and/or unlawful. Despite compliance with the qualifying criteria (technical and commercial), tenders may be referred for review or appeal processes, leading to delays which greatly prejudice affected parties. It is therefore of utmost importance to manage tender risk.
We advise our clients on extensive tender risk assessment procedures at the tendering stage of each project. This includes:
- Proper understanding of risk management;
- Proper evaluation of bidders’ risk management competences
- Assessment of bidders’ capacity/capability to manage risk; and
- Inclusion of risk management KPIs in the executed contract.
As part of the full range of PPP legal services offered to our clients, we also advise and assist our clients with drafting and negotiating agreements and taking an active approach to Risk Management during the tender and contract negotiation phases.