Contracts & Procurement

Both business and government agencies will often use a tender process when procuring goods or services. The tender process will usually involve two legal contracts: one governing the tender itself (the tender contract) and the other governing the supply of goods or services (supply contract).

The law governing the tender process can be complex because it involves elements of contract law, administrative law and other commercial rules and regulations. State and Commonwealth government tenders are also subject to their own detailed procurement guidelines.

That means, if you’re about to put a contract out to tender, it’s important to know where you stand and what criteria you need to apply to any decision you make. You also need to be prepared for your decision to be challenged.

Our contracts and procurement team can give you the advice you need to make sure the process runs smoothly and reduce the risk of anything going wrong.

We have experience on both sides of the tender process. So we can also help your business maximise its position if you’re responding to an expression of interest (EOI), request for tender (RFT) or request for proposal (RFP).

Our expertise includes:

Advising you on your rights and obligations under State and Commonwealth government procurement guidelines, including the Commonwealth Procurement Guidelines and the NSW Code of Practice for Procurement.
Helping you prepare tender documents, including the tender contract, the request for tender and supply contract.
Helping you negotiate the terms of contract once you’ve awarded the contract or have been named a successful supplier.
Advising you on planning, giving notice of, and advertising a tender so that you minimise risk.
Advising you on your obligations when it comes to shortlisting suppliers following a call for a request for proposals.
Guiding you through the selection process and the award of contracts so that your decisions stand up to any potential legal challenge.
Advising you when responding to an RFP so that you meet your legal obligations.
Advising on your obligations when managing suppliers after the tender process is finished.
Helping you to resolve any dispute that arises in the most commercial, efficient and advantageous way possible, and avoiding litigation unless absolutely necessary to protest your interests.