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PUBLIC PROCUREMENT LAW 14 & 15 MAY 2014 www.adamsadams.com
PUBLIC PROCUREMENT TEAM Michael Gwala Andrew MolverLuzaanDudley Katherine Harding www.adamsadams.com
PRACTICE AREAS • Advising government / public entities on appropriate procurement processes. • Drafting tender documentation. • Assisting in legal issues that arise when tenders have are evaluated • Representing government where tender awards are challenged • Advising private sector entities on responding to government tender and preparing submissions www.adamsadams.com
PRACTICE AREAS • Representing entities that wish to challenge or defend tender awards • Facilitate public private partnerships (PPP) • Black economic empowerment (BEE) matters • Drafting and/or reviewing various agreements including consortium and joint venture agreements, shareholders’ agreements, concession agreements, preferred supplier agreements, service level agreements, etc. www.adamsadams.com
RECENT MATTERS Some of the recent matters that the PPL group has been involved in • Advising the Government Printing Works and the Department of Home Affairs on all legal aspects relating to the procurement of machines and polycarbonate cards required for the green ID books with smart cards ID books with smart ID’s, a project estimated to be worth over ZAR 2 Billion. • Advising on a PPP arrangement between the Government of Zimbabwe and a client regarding a possible US $1.3 billion deal to dualise the Harare-Beitbridge road. www.adamsadams.com
RECENT MATTERS • Advising a government business enterprise in all legal aspects relating to procurement of a joint venture partner to establish a spiral mill, a project estimated to be worth ZAR 250 million. • Drafting supply chain management policies for numerous government institutions. • Challenging the award and withdrawal of various tenders through specific statutory procedures, internal appeals and judicial reviews. www.adamsadams.com
RECENT MATTERS • Reviewing a tender issued by the Education Training and Development Practices Sector Training and Authority (‘ETDP-SETA”) an d having this declared legally fatally flawed and invalid since it’s inception , and successfully opposing a petition by the ETDP-SETA to appeal directly to the Supreme Court of Appeal • Instituting a pending damages action against a local Municipality in respect of loss of profits in the amount of ZAR 19 million sustained by a tenderer as a result of fraudulent tender adjudication. • Advising various private sector clients on performance related issues arising in relation to agreements concluded pursuant to tenders being awarded. www.adamsadams.com