Public Procurement

Public procurement is a legal regime that exists at both national and international levels, encompassing the stages of preparation, awarding, and execution of public procurement contracts. Public procurement applies to every industry, and therefore, success often requires support of specialists with not only a thorough understanding of regulations but also expertise in specific sectors such as IT, transportation, healthcare, construction, and waste management.

As part of our public procurement law practice, we offer comprehensive services for both contracting authorities and contractors.

We support our clients at every stage of the public procurement process, providing comprehensive assistance in compliance with regulations, risk mitigation, and effective representation in disputes or negotiations.

We advise entities in the public finance sector and related fields on the implementation of public tasks, particularly concerning the choice of task implementation form, including the principles of entrusting tasks to internal entities.

We provide comprehensive advice on projects co-financed by EU funds and broadly defined public aid.

Additionally, we offer services  in the audit of the public procurement process conducted by contracting authorities, during which we verify compliance with applicable regulations and procedures, while also suggesting the safest and most effective solution. 

Our specialists also conduct training sessions on public procurement law. The training topics, programs, as well as the presentation method and level of advancement, are tailored to the needs of our clients. The selected training topics and their defined objectives ensure the acquisition of knowledge with practical applications during the training.

To contractors, we offer primarily:

• verification of participation conditions, criteria for assessing offers, and essential provisions of the future contract to ensure the possibility of submitting an offer, including assistance in preparing any questions to the contracting authority.,
• comprehensive legal advice during the preparation, submission, examination, and evaluation of the contractor’s offer,
• assistance in utilizing resources of third parties to confirm compliance with participation conditions in the procurement process,
• assistance in preparing an effective trade secret reservation regarding specified documents and information, along with appropriate justification (demonstration) of legal grounds for trade secret protection, and recommendations on the type of evidence to substantiate the validity of such reservation, 
• preparing explanations to refute the accusation of an egregiously low offer price, along with recommendations regarding the type of evidence to confirm the absence of an egregiously low price,
• addressing the proper completion of defective or missing documents in response to the contracting authority’s request,
• supporting and protecting the client’s interests during negotiations with the contracting authority (in the case of negotiation procedures),
• preparing appeals and representing clients before the National Chamber of Appeals (KIO) and in proceedings before the Court of Procurement,
• advising on concluding consortium agreements, as well as cooperating with subcontractors and other business partners,
• identifying and preventing risks related to, among others, bid rigging or grounds for excluding a contractor from the procurement process (compliance in public procurement).

To contracting authority, we offer primarily:

• providing help in preparing and conducting procurement procedures,
• assisting in estimating the contract value, describing the subject matter of the contract, selecting the procurement procedure, defining the conditions for participation, determining evaluation criteria, preparing the contract notice, and preparing all necessary documents,
• drafting contract templates tailored to the specific nature of each procurement,
• participating in tender commission meetings and supporting their work, including issuing legal opinions to facilitate decision-making by the commission,
• providing legal advice in the examination and evaluation of submitted applications and offers,
• preparing and implementing regulations and document templates in the procurement process based on the Public Procurement Law and those excluded from the scope of the law,
• representing in appeal proceedings before the National Chamber of Appeals (KIO) and the Court of Procurement, along with full legal support for these proceedings,
• comprehensive legal assistance in matters related to procurement controls, including allegations of violating public finance discipline,
• implementation of anti-corruption procedures in the procurement and implementation processes.

If you wish to successfully apply for the award of a public procurement contract, conduct the procurement process correctly and efficiently, or deepen your knowledge of public procurement law, our lawyers specialising in public procurement are at your disposal. Just contact us!