Public procurement law and public-private partnerships

  • About this practice area

    Tender procedures as provided for by the Polish Act on Public Procurement require expertise, accuracy and attention to detail. As the experts involved in the largest public procurement procedures in Poland, we are in a position to claim we have succeeded in mastering all these elements to perfection.

    Our Public Procurement Law Team offers advice at all stages of the procedures: from drafting and publication of contract notices to conducting the procedure and any other procedural support. We offer help to the contracting authorities in selecting the contractor and concluding the agreement, as well as in its implementation and possible disputes. We offer legal support to contractors as well, guiding them through the tender procedure till the agreement is concluded. We also represent contractors in possible disputes and support them at the contract implementation stage.
    We work especially with Clients from ICT, IT, telecommunications, construction, energy, medical and pharmaceutical sectors. Our staff are active members of the Polish Chamber of Information Technology and Telecommunications (PIIiT) and workgroups appointed by the Polish Public Procurement Office (UZP).

    Our strategy is aimed at achieving the Client’s specific business goals and minimizing risks. When providing procurement law-related assistance, we do not focus solely on the procedure. We cater for all the interests of the Client, anticipating possible consequences in advance.

  • What do we do?

    If you are a contractor, we can do the following for you:

    • prepare draft questions for the contract notice and tender specifications,
    • verify tender documents including tender specifications and the model contract or its essential provisions, in particular with regard to legal risks and the requirements which may impede the award of the contract,
    • provide support in drafting the tender offer,
    • provide support in drafting explanations of the content of the offer and its supplementation at the request of the contracting authority,
    • prepare consortium agreements and provide opinions thereon,
    • draw up agreements with subcontractors and resource providers and offer support in negotiations,
    • draft appeals regarding the selection of the most advantageous tender and other acts and omissions of the contracting authority,
    • represent the Client before the National Appeal Chamber (KIO) and District Courts.

    If you are a contracting authority, we can do the following for you:
    • assist in the effective planning of procurement strategies,
    • offer consultations on the preparation of the procedure, including the choice of procedure and development of conditions for participation in the procedure and criteria for the evaluation of tenders,
    • draft or evaluate any tender documents,
    • participate in the work of the tender evaluation committee, also as experts of the committee,
    • draft replies to requests from economic operators to clarify the content of tender specifications,
    • draft changes to the contract notice and other tender documents
    • review tenders and requests to participate in the contract procedure,
    • draft requests for clarification or additions and requests for permission to correct a mistake,
    • draft information about the selection of the most advantageous tender or information about the cancellation of the procedure,
    • draft replies to information about activities which do not comply with the provisions of the Act,
    • examine appeals lodged under the appeal procedure and prepare replies to the appeals,
    • plan and implement an exit strategy to avoid vendor lock-in,
    support in the control of public procurement expenditure.

  • Cooperation benefits

    In matters of Public Procurement Law, it is well worth using the help of an experienced law firm. Thanks to our experience, combined with practical knowledge about the course of procedures compliant with procurement law, we are capable of making strategies that bring tangible results to our Clients.

    Our team of procurement professionals has been working on public procurement law for years. We have carried out major infrastructure projects, especially in the wider ICT market. We also successfully advise entities from other innovative sectors such as pharmaceutical and medical ones. Our Clients may count on our assistance in procedures for EU-funded projects, initiatives carried out in the public-private partnership and on our services of legal representation before the National Appeal Chamber and courts.

    Besides, we are happy to share our expertise during training. We train the staff of commercial departments responsible for the public sector as well as executives, project managers and persons responsible for conducting public procurement and contract implementation. We are well aware that our Clients might require specific expertise, therefore we always strive to pass on our knowledge in the most accessible manner. Our effectiveness is demonstrated by hundreds of projects and procedures which we have carried out successfully.

  • Why should you choose us?

    • We provide assistance and strategic advice throughout the procedure.
    • We understand the Clients’ specific activity and aim to achieve meaningful business goals.
    • We respond to your needs and ensure our availability for implemented projects.
    • We act quickly and can support you in appeals to the National Appeal Chamber and District Courts.
    • We offer a multi-disciplinary approach to fulfilling the tasks at hand.