Practice

Public Procurement

Across all major jurisdictions worldwide, authorities and bidders encounter a host of regulations governing the conduct of procurements and the performance of government contracts. At Hogan Lovells, we always keep in mind that these regulations are a means to an end, not an end in themselves.

If you're a procurer asking us to advise on structuring and running your procurement, we know that you want to achieve your commercial objectives, on time and on budget. You want to do this via a process that complies with the legal requirements but isn’t dictated by them. You want us to give you a way to do things, not a list of reasons why you can't.

If you're a supplier, we can use our experience on countless previous bids to help you prepare your submission, including strategies for maximizing your scores and avoiding common pitfalls. Come to us at the end of a flawed process and we'll focus on practical solutions — helping you get information from the authority on what has occurred and advising on the tactics of pursuing litigation if necessary.

Procurement litigation proceeds to tight time lines. Whether for challenging bidders or defending authorities, our large team of contentious procurement lawyers will hit the ground running to advise on the numerous strategic and procedural considerations that will arise.

Regulation doesn’t end with award of the contract, particularly for suppliers working with U.S. federal and state authorities. We will help you navigate the maze of compliance and reporting requirements to minimize and manage risk.

Representative experience

Representing Alstom Transport in UK court proceedings challenging the award of a £600m contract for new Eurostar trains.

Defending a leading technology manufacturer in a False Claims Act case involving allegations of defective pricing connected with the GSA FSS contracts.

Advising French rail network operator Reseau Ferre de France in relation to the Tours-Bordeaux and Nimes-Montpellier high speed rail concession contracts.

Representing air traffic control services provider NATS in court proceedings challenging the award of a key ATC contract by London's Gatwick Airport.

Successfully defending bid protests filed by defense contractors challenging a U.S. Army multibillion-dollar procurement of helicopters.

Advising the State of Bavaria on the procurement and State aid aspects of the proposed Transrapid train project in Munich.

Advising Cintra Aparcamientos on acquiring the concessions of the principal Spanish car parks operator.

Assisting Argent LLP and Related Inc on their successful joint bid to lead the £3bn regeneration of the Brent Cross area of London.

Successfully defending EU institution F4E in an EU Court challenge to its €100m procurement of components for its experimental thermonuclear reactor.

Advising a defense contractor on Cost Accounting Standards audits and other Defense Contract Audit Agency reviews.

Representing Esso Italiana in a challenge to the Italian Airport Authority's procurement of a major fuel supply contract.

For a defense contractor, successfully appealing an Armed Services Board of Contract Appeals decision to the U.S. Court of Appeals involving multimillion-dollar claims.

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