Avv. Marco Panato provides judicial and extrajudicial advice in public procurement and public contracts, with particular focus on competitive tendering procedures — including Project Financing and public-private partnership arrangements.
The firm assists two main categories of clients:
The firm's services include, by way of example: searching for and analysing relevant tender opportunities, drafting bid documents, formulating questions and clarifications, reviewing specifications, preparing bids, representing clients in award proceedings and managing any subsequent disputes.
The firm provides extrajudicial and judicial legal advice (including before administrative courts — TAR) on public procurement for economic operators (companies participating in tenders) and for public contracting authorities.
The advisory service includes an initial phase of identifying relevant tenders the client may wish to enter, followed by full assistance throughout the procurement process from preliminary analysis to contract execution.
Legal advice and assistance with drafting and reviewing contracts for sale, lease (residential and commercial), construction works, loan for use, insurance, etc.
At the conclusion of the initial assessment, the client will always receive a fee estimate before signing the formal engagement letter.
Extrajudicial and judicial legal advice in public procurement also extends to public authorities in their capacity as contracting entities.
Comprehensive advice and assistance from preliminary phases (identifying the required type of procedure, analysing legal requirements, drafting tender documents) through the tendering phase (initial operations, legal review of questions and clarifications, legal analysis of bids and documentation) and post-award phase (contract execution, enforcement, any disputes).
Legal support to the authority's offices on the correctness of acts and/or procedures to be adopted in matters of particular significance, with a view to protecting the authority's interests and preventing disputes within a specific procurement procedure.
Direct legal support to the Procurement Officer (R.U.P.) in carrying out procedures in compliance with current legislation, judicial guidance and best practices, including preventive consultation with ANAC on the content and critical aspects of tender documents for all procurement procedures, based on the engagement conferred.
Court representation, legal assistance and defence in all active and passive disputes of the authority in civil, employment, administrative and accounting proceedings (including special procedures, injunctive proceedings and opposition proceedings) before the Ordinary Court, Administrative Court (TAR) and specialist jurisdictions.
The above services provided to public authorities are structured in different forms:
Fixed fee determined according to professional tariff parameters (Ministerial Decree 55/2014) and in compliance with applicable procurement legislation, covering all extrajudicial activities listed above, including meetings at the firm and at the authority's premises, telephone and written queries, oral and written opinions, pre-tender document preparation, tender drafting and all subsequent steps.
Legal support to the authority's bodies and/or performance of the Procurement Officer (R.U.P.) role.
For every procurement procedure of the public authority, the firm provides a timely preliminary analysis of the applicable legislation, tender conditions and procedural requirements.
