Public Procurement
Public Procurement
Public Procurement
Finland has a large public sector economy, where public entities play a significant role across many markets. For numerous companies, contracts with public authorities represent a substantial share of their turnover.
We support both contracting authorities and public entities, as well as domestic and international suppliers of all sizes, at every stage of the procurement process. Our services cover the full spectrum: from planning a public procurement and designing the process, to drafting request for proposal (RFP) documentation. We also assist suppliers in preparing for competitive tendering, including organizing the participation in competitive tendering (taking into account a possible need for so called resource subcontractors and rules for joint tenders) and making compliance checks of applications and tenders with the RFP and applicable rules. In addition, we advise all parties on appeal processes before the Market Court and on correction requests handled directly by contracting authorities.
Advising both public entities and tenderers gives us insight into proper drafting of request to tender documentation and, on the other hand, into responding to market dialogues and RFPs. We have a broad range of clients and experience in public procurement in different sectors, for example in information technology, life sciences, construction, and financial services sectors.
In addition to advising on specific, ongoing matters, our practice provides general advice in the field, including preparation of procurement law compliance instructions and training sessions for public institutions as well as litigation in procurement law matters before the administrative courts.
With many years of experience in public procurement, we provide comprehensive support tailored to both suppliers and contracting authorities.
For suppliers, we advise on:
- Preparing for participation in competitive tendering.
- Reviewing RFP materials, including contract terms and conditions, from risk analysis perspective.
- Drafting and issuing questions during the procurement process.
- Conducting compliance checks of applications and tenders.
- Providing assistance during negotiations, including review and commentary on documentation.
- Advising in respect of requests on information by contracting authorities
- Advising and acting as a counsel related to appeals and requests for correction before the Market Court.
- Advising on matters arising during the contract period.
- Assessing the feasibility of contract changes.
For contracting authorities, we assist with:
- Assessing the obligation to publish a contract notice and ensuring compliance with applicable procurement legislation.
- Conducting market dialogue before launching a procurement process.
- Planning and structuring the procurement process.
- Reviewing procurement documentation for compliance.
- Drafting contracts to be awarded.
- Setting and evaluating prequalification criteria.
- Supporting negotiations.
- Reviewing and assessing tenders received.
- Advising and acting as a counsel related to appeals and requests for correction before the Market Court and contracting authorities.
- Assessing the feasibility of anticipated contract changes.
We have extensive litigation experience not only in public procurement matters but also in disputes generally, enabling us to effectively support our clients when challenges arise during procurement processes.
Cross-sectoral legal support
DLA Piper's procurement team provides tailored advice and legal services on virtually every aspect of public procurement. Alongside our dedicated procurement specialists, we draw on the expertise of colleagues across complementary disciplines, including competition law, as well as sector-specific knowledge in areas such as intellectual property and technology (IPT), construction, defence and security, and healthcare.
Cross-border legal support
DLA Piper’s global reach and structure, combined with our position as the largest law firm in the Nordic region, enable us to deliver unique added value to our clients. We offer seamless access to local expertise across relevant jurisdictions within a single firm. Our public procurement specialists work in close collaboration with Nordic colleagues, and our attorneys regularly operate in multidisciplinary, cross-border teams. By drawing on resources from our various DLA Piper offices, we ensure the most effective and efficient solutions for our clients.
Foreign Direct Investment
Countries across the EU have become increasingly cautious about national security and other national interests. Further, the current geopolitical landscape drives a trend towards more rigorous regulations on monitoring transactions where critical companies AND/OR SENSITIVE BUSINESS are sold, fully or partially, to foreign buyers. Several EU states, including Finland, have strengthened and are strengthening regulation regarding acquisitions of by foreign buyers. In Finland, the Ministry of Economic Affairs and Employment (MEAE) acts as a regulator for foreign direct investments (FDI).
A positive attitude towards foreign investments is the guiding principle of the Finnish Act on the Screening of Foreign Corporate Acquisitions (172/2012, as amended) (the “FDI Act”). However, the MEAE can exercise control over the ownership of companies considered essential in terms of national interests such as the security of supply and national security and, if necessary, restrict foreign ownership in such companies. The national interests mainly refer to military national defence, functions vital to society (including safeguarding critical infrastructure and security of supply) and national security and public order.
In addition, pursuant to the Act on Transfers of Real Estate Requiring Special Permission (470/2019), the acquisition of real estate is subject to a permit by the Ministry of Defence in certain cases.
Our FDI team in Finland has wide experience in assessment of applicability of FDI Act and filing successfully applications and notifications at the MEAE. Further, we also support sellers and target companies in cooperation with the foreign purchasers on filings, always with the joint target to complete the transactions smoothly.
Through our extensive experience in transactions and regulatory reviews, including procedures before authorities, we have developed deep sector knowledge across numerous industries. This enables us to guide clients effectively through the many aspects of local legal environments.
In cross-border acquisitions, our global DLA Piper network — including our Nordic offices — works seamlessly to achieve deal certainty by navigating the varying foreign direct investment (FDI) monitoring regimes, each with its own triggering criteria for covered sectors, businesses, acquisitions, and foreign purchasers, while aligning with the different procedural timelines across jurisdictions.
To show our capacities throughout the FDI regimes, see our multi-jurisdictions guide for FDI screeding here. and our Nordic overview here.
