Public procurement

We provide services to both contracting authorities and bidders submitting offers in public procurement proceedings. We offer legal support services for tenders. Our law firm’s team provides legal assistance at all stages of the tendering process, starting from the preparation of tendering documentation, through its conduct, evaluation of offers and selection of the contractor, to the stage of appeal proceedings before the National Chamber of Appeal in Warsaw and complaint proceedings before the court. We also represent our clients in control proceedings conducted by the President of the Public Procurement Office and the Office of Competition and Consumer Protection. We have extensive experience in both classical and EU proceedings, and we offer our services to both classical and sectoral contracting authorities. We support contracting authorities in taking all necessary actions during the tendering process, such as rejecting offers, excluding bidders, and annulling proceedings. Conversely, we help bidders assess their compliance with the participation conditions in the proceedings.

Members of our team have acquired additional qualifications during postgraduate studies in the field of public procurement law organized by the Faculty of Law and Administration of the Jagiellonian University under the patronage of the President of the Public Procurement Office, as well as numerous industry-specific training sessions and conferences.

We provide legal support for public procurement. We have extensive experience in representing public contracting authorities in appeal proceedings before the National Chamber of Appeal and in proceedings arising from complaints against the decisions of the chamber. Thanks to our experience, we can recommend appropriate strategies to our clients, analyzing all risks associated with the proceedings and presenting the possible consequences of the actions taken.

The public procurement procedure provides short deadlines for actions to be taken by both contracting authorities and bidders. Thanks to our experience, our law firm’s team is ready to take on any challenges posed by the procurement procedure and is prepared to react quickly as required by the provisions of the law.

We also offer our tender legal support services for contracts not covered by the obligation to apply the Public Procurement Law. In the vast majority of cases, the awarding of contracts by public contracting authorities below the statutory thresholds involves the use of regulations introducing procedures similar to the Public Procurement Law. Members of our team also provide assistance in procedures for contracts covered by such regulations, which often require both the contracting authority and the bidders to adhere to deadlines and obligations related to the submission and evaluation of relevant documents

For Contracting Authorities, we offer:

• Assistance in preparing the procurement process, including selecting the appropriate procedure.
• Help in preparing procurement documentation, especially Terms of Reference, Description of the Subject Matter of the Contract, contract templates, or their essential provisions.
• Participation in the work of the tender committee.
• Preparation of all necessary notices to the bidders during the tendering process, particularly regarding grossly low prices, clarification of the offer content, deposits, and offer validity period.
• Drafting responses to bidders’ requests for clarification of the Terms of Reference.
• Assistance in evaluating offers and material and personal evidence.
• Legal advice on all actions taken by the contracting authority during the proceedings, including selecting an offer, rejecting an offer, excluding a bidder, or annulling the procedure.
• Analysis of appeals against the actions of the contracting authority in terms of entering into a dispute or recognizing the appeal.
• Preparation of responses to bidders’ appeals and representation in proceedings before the National Chamber of Appeal.
• Drafting complaints against the decisions of the National Chamber of Appeal and representation in judicial complaint proceedings.
• Legal advice and representation during inspections conducted by the President of the Public Procurement Office and the Office of Competition and Consumer Protection.
• Legal assistance in analyzing public expenditure in the context of awarded contracts, especially concerning public finance discipline.
• Assistance in drafting internal regulations and orders related to the application of the Public Procurement Law, such as tender committee regulations.
• Assistance in drafting regulations and orders related to the award of contracts not covered by the obligation to apply the Public Procurement Law.
• Legal advice during tenders or contests not covered by the obligation to apply the Public Procurement Law, including developing tender conditions and contest regulations.
• Legal support for the introduction of IT solutions to streamline proceedings at the contracting authority, such as electronic auctions, electronic offer forms, etc.

For Bidders, we offer:

• Assistance in preparing and submitting questions regarding the Terms of Reference.
• Reviewing the contract template or its essential provisions.
• Analyzing compliance with the participation conditions in the proceedings.
• Assistance in preparing and submitting offers and clarifying doubts about the content of tender documents.
• Assistance in compiling personal and material evidence.
• Preparation or review of consortium agreements.
• Drafting subcontracts.
• Assistance in preparing explanations submitted to the Contracting Authority, especially regarding grossly low prices.
• Preparing appeals to the National Chamber of Appeal and representing in appeal proceedings.
• Preparing complaints against the decisions of the National Chamber of Appeal and representing in judicial complaint proceedings.
• Legal advice and assistance in proceedings not covered by the obligation to apply the Public Procurement Law, including the analysis of the contracting authority’s regulations.