Should advice be obtained before the bid is submitted?
Where a condition is unclear, restrictive or commercially difficult, it is usually better to assess it before submission. A later challenge may depend on whether and when the issue was raised.
Gauci Legal advises economic operators and contracting authorities throughout Maltese procurement procedures, from the preparation and review of tender documents to award, administrative review and contract performance.
Before submission
A procurement problem is often easier to address before a bid is submitted. The firm reviews tender conditions, technical and financial requirements, selection and award criteria, forms of security and draft contract terms. Advice may also cover clarification requests, consortium arrangements, subcontracting and the presentation of a compliant offer.
Contracting authorities are advised on the preparation and interpretation of procurement documents, procedural requirements and decisions taken during evaluation.
Award and review proceedings
Following an exclusion or award decision, the tender record, stated reasons and applicable time limits are examined promptly. The firm represents parties before the Public Contracts Review Board and in related appeals, with the factual and technical record developed alongside the legal grounds.
Contract performance
Public contracts continue to raise issues after award. The firm advises on payment, variations, extensions, performance security, delay, termination and the relationship between the procurement documents and the concluded contract.
Common questions
Before instructing the firm.
Does the firm advise both bidders and contracting authorities?
Yes. The firm acts for economic operators and contracting authorities, subject in every case to conflict checks and professional obligations.
Can the firm assist after the contract has been awarded?
Yes. Advice extends to contract administration, claims and disputes arising during performance, including matters involving technical evidence.
Contact
Discuss a matter.
Send a short outline of the issue, the parties involved and any deadline that may apply. The firm will first confirm whether it is able to act.
Email the firm