Public Procurement

With the enactment of the Public Procurement and Asset Disposal Act of 2015, the market for public contracts has been opened up to competition. Like all other areas of commerce, this has increased the potential for disputes in the award of tenders as many of the procedures used in the process are increasingly being put under scrutiny. Comprehending and complying with the laws and procedures relating to public procurement is therefore central to maintaining competitiveness in the market of public procurement of goods and services.

We advise local and foreign clients on various aspects of public procurement or disposal of goods and services including, health services, Information Technology, transport, construction and waste disposal. This involves:

• Advising on the application of the procurement rules and procedures under the Public Procurement and Disposal Act (Act No. 3 of 2005) and the appropriate mode of tendering to adopt in each circumstance (whether direct or restricted tendering).
• Assisting and guiding clients in the preparation of pre-qualification and other tender documentation, including drafting and/or perusing the appropriate contracts.
• Advising clients on the law relating to review of tender awards and representing clients before the tender appeals body or the High Court in challenging or defending tender awards.