Our public procurement law team provides comprehensive legal advice at all stages of the procedure, as well as during the performance of a public procurement contract. Our experts advise both Contractors and Contracting Authorities, representing the following sectors (without limitation):
- IT and telecommunications,
Our experience includes projects managed according to the Prince2 and ITIL methodologies, as well as the application of FIDIC contract conditions.
Our team has also extensive experience in the planning of procedures and the implementation of projects co-financed from EU funds.
What distinguishes our public procurement law team is how we provide legal services – our strategy is focused on achieving the client’s specific business objectives customer and minimising the associated risks.
Our Law Firm also provides a full range of legal services related to representation before the National Appeals Chamber and courts of law.
The areas in which we provide legal support to our clients – contractors, include:
- drafting questions regarding the contract notice and the terms of reference;
- verification of the model contract or the material provisions of the contract, particularly in terms of requirements that may hinder the client from being awarded the contract and the legal risks associated with its subsequent performance;
- supporting the Contractor at the stage of preparing their bid and the required documents;
- evaluation and preparation of consortium agreements;
- negotiating and drafting agreements with subcontractors and entities providing their resources;
- preparing appeals against the selection of the best bid and other acts and omissions of the Contracting Authority;
- verification of the competing bids;
- participation in negotiations in the relevant contract award procedures;
- representing the Contractor before the National Appeals Chamber and the District Court;
- internal training, in particular for the business units responsible for the public sector (at the stage of public procurement procedure) and managers/project managers (at the stage of contract performance);
- performance of the contract and disputes with Contracting Authorities.
Advising Contracting Authorities
The areas in which we provide legal support to our clients – contracting authorities, include:
- planning of purchasing strategies, including the development of computerisation plans;
- consultations on the preparation of the procedure, including the mode of conduct and bid evaluation criteria;
- evaluation or preparation of tender documents, i.e. the contract notice, the terms of reference, a model contract, and material provisions of the contract;
- participation in the tender committee, including as experts;
- preparing responses to requests from contractors to explain the contents of the terms of reference;
- drafting modifications to the contract notice;
- formal and legal analysis of bids and requests to participate;
- preparation of requests for clarifications or additions, or for permission to correct errors;
- preparation of the notice about choosing the best bid or the notice about cancellation of the procedure;
- analysis of notifications regarding acts inconsistent with the provisions of the Public Procurement Act;
- preparation of responses to notifications regarding acts inconsistent with the provisions of the Public Procurement Act;
- analysis of the appeals brought in appeal proceedings;
- preparation of the response to an appeal;
- planning and implementation of an exit strategy from vendor lock-in;
- internal training for those responsible for carrying out public procurement procedures and performance of contracts;
- performance of contracts and disputes with Contractors;
- control of contract expenditures (including inspections by the Supreme Audit Office).
Representation before the National Appeals Chamber
Our experts have years of experience as representatives of the parties in appeal proceedings before the National Appeals Chamber. Their extensive knowledge includes not only the relevant regulations, but also familiarity with the specific industries and the associated technical and economic issues.
Our range of services includes, in particular:
- analysis and evaluation of the legitimacy of exercising the remedies available;
- preparation of appeals, third-party interventions and pleadings;
- representation in appeal proceedings.
Representation before courts of law
We also represent our clients before courts of law, and our experience in this area includes:
- analysis and evaluation of the legitimacy of bringing a complaint against the judgement of the National Appeals Chamber;
- preparation of the complaint, the reply, and any other pleadings;
- representation in proceedings before the court.
A team of our experts provides legal services in relation to public-private partnership projects (PPP) to clients from both the public and the enterprise sector.
The Law Firm’s PPP services include:
- advising on the creation of public-private partnerships;
- drafting and negotiating public-private partnership agreements;
- comprehensive legal services regarding projects based on various PPP models.
Our team has participated in a number of PPP projects implemented mainly by local government units.
Key areas of specialisation in public procurement law
In recent years, our team has acquired particular expertise in:
- advice in IT and telecommunications procurement;
- performance of infrastructure contracts using new technologies (including broadband networks and Smart City);
- counselling for innovative industries (including pharmaceutical and medical);
- construction works contracts.