public-procurement

Public Procurement

The public procurement practice of Kelemenis & Co. advises contracting authorities and economic operators on all aspects of public tenders, ensuring full compliance with Greek and EU law. The firm supports clients throughout the entire procurement lifecycle, from tender design and participation to contract award and execution. It combines strong regulatory expertise with practical insight into the commercial and strategic aspects of public contracts, while also offering significant experience in procurement-related disputes. The team regularly represents clients in pre-contractual challenges, administrative proceedings and judicial litigation, providing strategic advice and advocacy in complex and high-value disputes.

The firm’s expertise includes:

ADVISORY

Structuring and drafting of tender documentation

Advising contracting authorities and project sponsors on the structuring of procurement procedures and the preparation of tender documentation (invitations to tender, tender dossiers, draft contracts), ensuring full compliance with Greek and EU public procurement law and best practices.

Participation in public tenders and concession procedures

Supporting economic operators throughout all stages of public tenders and concession award procedures, including bid strategy, positioning, consortium structuring and risk allocation.

Compliance with the public procurement regulatory framework

Advising on compliance with Greek public procurement legislation (Law 4412/2016) and applicable EU directives (particularly Directives 2014/24/EU, 2014/25/EU and 2014/23/EU), including sector-specific regimes such as defence and security procurement.

Preparation and review of bids

Drafting and reviewing participation files, technical and financial offers and supporting documentation, ensuring completeness, responsiveness and strict compliance with tender requirements.

Consortium and subcontracting arrangements

Structuring and negotiating consortium, joint venture and subcontracting agreements, including governance, allocation of responsibilities and internal risk-sharing mechanisms.

Negotiation and award of public contracts

Advising on the negotiation, award and conclusion of public contracts, including key commercial terms, performance obligations, guarantees and dispute resolution provisions.

Contract performance, variations and claims

Providing ongoing support during contract performance, including contract variations, additional works, extensions of time, liquidated damages, claims management and strategic dispute avoidance.

DISPUTES & PUBLIC PROCUREMENT REMEDIES

Representation before EADISY and administrative authorities

Advising and representing clients before the Hellenic Single Public Procurement Authority (EADISY) and other competent administrative bodies in procurement-related matters.

Pre-contractual remedies and tender challenges

Handling pre-contractual remedies, including challenges against acts or omissions of contracting authorities within the framework of pre-award judicial protection.

Representation under the EU public procurement framework

Representing clients across the full spectrum of EU procurement legislation, including:

– Directive 2014/24/EU (public sector procurement)
– Directive 2014/25/EU (utilities sectors)
– Directive 2014/23/EU (concessions)
– Directive 2009/81/EC (defence and security)

as well as the Remedies Directives (89/665/EEC and 92/13/EEC).

Annulment proceedings and judicial review

Representing clients before the administrative courts and the Council of State (Greece’s Supreme Administrative Court) in annulment proceedings and other judicial remedies.

Disputes during contract performance

Handling disputes arising during the execution of public contracts, including delays, payment issues, variations, penalties and termination.

Damages claims and contractual disputes

Advising on and pursuing damages claims and contractual disputes, including claims arising from delays, additional costs, breaches of contractual obligations and early termination.

Representative Clients

Hellenic Defense Systems (EAS), GE Healthcare, GE Aviation, Data4, Stryker, Knorr-Bremse, Lamda Central, Pylones, Εrgokat, IKnowHow, IKnowHealth, E. & K. Tassis, NEPA-Economic Consulting, General Public Hospital of Santorini, Greek Audiovisual Archive, Centre for Renewable Energy Sources (CRES), Greek municipalities