Public sector

Qualified legal advice in public sector transactions requires in-depth knowledge of a complex and evolving legal framework together with an understanding of the challenges encountered by public sector actors and their suppliers. We place top-notch expertise, years of experience, and a broad perspective at our clients’ disposal, all to make it possible for them to focus on “the good deal”.

Public sector

    • What we do

    • A substantial number of the construction projects carried out in Sweden are civil engineering projects. Public sector transactions in general – purchases and sales made by public sector parties – are a major element of our modern economy. For us at Foyen, this is a significant part of our daily business.

      Our clients include state enterprises, municipalities, and municipal companies, and we also advise private companies that are, or will become, suppliers. The award of public contracts is often very important to private companies, as such contracts tend to be high value and long term. A number of our lawyers are experienced with public sector procurement issues and we therefore have a deep understanding of the challenges faced by both sides.

      Our advice can consist of the following.

      • Providing strategic advice on how to divide a deal – such as a large infrastructure project – into different subcontracts and with forms of compensation and contracting that can vary, depending on the conditions at hand.
      • Advising, in various forms, as to whether there is a procurement obligation and assisting in the sale of publicly-owned real estate and other property, as well as lease procurement.
      • Preparing and reviewing procurement documents and tenders, as well as assisting throughout the procurement process with regard to additions, clarifications, negotiation with tenderers, and other communications with tenderers.
      • Drafting and negotiating contracts and contract terms and conditions.
      • Assessing the correctness of procurement procedures, including dealing with issues involving public access to information and confidentiality.
      • Advising on all types of dispute resolution, including actions for damages and reviews under the public procurement laws.
      • Assisting in connection with supervisory authority review of a public procurement.
      • Generally assisting at all stages of the public sector transaction, including during the contracting period after procurement is completed.

      “Very focused on doing what will be best for the clients. A large law firm that can and will answer to all your questions, not only public procurement.”

      Legal 500, 2021

    • Why Foyen?

    • Qualified legal advice in public sector transactions requires not only in-depth knowledge of a complex and evolving regulatory framework, but also an understanding of the special challenges that public sector actors encounter – political control and media exposure – as they work towards reaching “the good deal”. The special public sector rules regarding the disclosure of public documents and other matters also present a challenge to suppliers who do business with public sector parties. Insight into the industry involved in the transaction, as well as knowledge of related legal areas, such as real estate, construction, and environment law, are also necessary.

      Foyen is highly ranked in public procurement and very highly ranked in construction and energy. Most of what we do in public procurement is linked specifically to the construction and energy sectors, which are industries that we know inside and out. We see ourselves not as advisors to, but rather as part of, community building in the broadest sense. Several of our lawyers are also sought-after lecturers.

      Our experience of working closely with our clients at all stages of the construction process, together with our intimate understanding of the organisations from which they operate, are central to our ability to safeguard our clients’ interests to the best of our ability. We are regularly retained to provide legal representation for public sector parties in disputes and regularly provide strategic advice before and during major infrastructure projects.

      “As a customer, you always feel that your actual matter is their number one priority. You always get competent and quick help, even if it’s a minor question. I think their competence is so high so they can see many dimensions and be creative in their thoughts regarding public procurement. They are very good in taking consideration of us as a customer together with the legal matter.”

      Legal 500, 2021

Relevant content

Public sector2022.05.17

How are public procurement contracts affected by the EU’s decision on sanctions against Russia?

During the spring of 2022, the EU decided on a series of sanctions against Russia in response to Russia’s invasion of Ukraine. On 8th of April 2022, the EU decided on a fifth package of sanctions which includes, among other things, further restrictions on trade with Russia. One element of this is the extension of the list of controlled items which might contribute to Russia’s military and technological enhancements or the development of its defence and security sector, and restrictions have been imposed regarding goods for import and export, transactions, and financing and financial assistance, among others. In the context of these sanctions, the Regulation also introduces a new article that addresses public procurement contracts.

Commercial Law, IT, Land and Environment, Public sector, Real estate2019.04.16

Foyen recruits HR manager from Landshypotek Bank

Foyen Advokatfirma has recruited Landshypotek Bank’s former HR manager Annelie von Dahn as its new HR manager. Annelie will be responsible for developing Foyen’s operations through its human capital and will serve in the firm’s management group.

Commercial Law, IT, Land and Environment, Mining, Public sector, Real estate2019.04.15

Foyen ranked at the top of Construction and Energy by Legal 500

Every year, Legal 500 carries out a ranking of the world’s leading lawyers and law firms. The London-based rankings institute is recognized as one of the world’s largest legal guides, the basis of which consists of over 300,000 interviews based exclusively on merit.