Government Contracts (India and South Asia)
State has significant outreach and controlling stake in several key sectors in India and it is continuously evolving its own process and systems to channelize and avail services and goods from private sector and companies having global and transnational expertise. The Centre and states have laws governing procurement of goods and services and specific tendering process to allow bidders to come forward and bid. The public procurement policies and guidelines are evolving with time as India undergoes different phases of globalization and opening its market access.
At Common Law Chambers, we have advised and represented clients on the tendering process and outcomes of failing and succeeding in each tender. There are significant guidelines to government public private partnership and creation of consortium to bid for government contracts. Structuring consortium agreements, ensuring secretarial and legal compliances and creating transparent protocols to further assign parts of services to other vendors. Additionally, there are guidelines for engagement for public sector undertakings.
We reviewed government contracts and advised on price variation clauses, force majeure, termination, illegal imposition of penalty and inspection clauses of such contracts. Represented entities in seeking refund of earnest money deposit (EMD), security deposits and bank guarantees submitted to government, challenging illegal termination, encashment of bank guarantees.
At Common Law Chambers we help to go through the whole tendering procedure, solving any risks that may occur, making use of legal remedies and performing the contract in accordance with any applicable rules. We combine legal experience with a practical approach and deep knowledge of industries in which our clients operate, such as infrastructure, premises facility management, construction, energy or IT Services.
Advice and assistance to clients to achieve their goals through public tenders or forms to engage with Government including definitive Memorandum of Understanding or Research and Development Agreements.
Apart from bidding there are a plethora of disputes arising with the Government when contracts get extended or when entities engage with the Government on an independent basis or work to work basis.
Our Team assists Clients in identifying objectives and purpose of engagement with the Government and provides a practical and meaningful perspective on the process and protocols adopted by the Government. A real understanding of the needs of public entities mixed with our experience, allows us to take a creative approach when advising and representing clients.