PUBLIC PROCUREMENT AND PPP

We provide professional, comprehensive legal assistance in the field of public procurement.  We offer complex advice at the stage of preparation of public procurement contract conditions, during project development phase, as well as representation in disputes related to award of public contracts. We also provide legal advice in tenders under the Act on Concession Contracts for Construction Works or Services, and on projects developed in the form of public-private partnerships.

Within the public procurement practice we provide i.a.:

  • advice in selecting a proper procurement strategy in accordance with the Public Procurement Law, including selection of the right procedure for procurement proceedings
  • comprehensive assistance in preparation of public procurement proceedings, including aid in drafting of public procurement announcements, terms of reference, conditions of contract
  • representation of entities in the proceedings under the Public Procurement Law
  • assistance in examination and assessment of bids, participation in negotiations with bidders, support in evaluation of bids, and determination of the final wording of contracts
  • advice for contractors tendering jointly (e.g. support in negotiating consortium and joint-venture agreements, analysis of contracts, identification of risks)
  • complex advice and representation in the appeal procedure
  • representation of contractors before the National Chamber of Appeals or state courts, as well as drafting applications for explanation of content of terms of reference, drafting protests, appeals and petitions to courts
  • representation of awarding entities before the National Chamber of Appeals or state courts, as well as drafting responses to appeals and petitions filed by contractors, drafting petitions to courts
  • advice and representation with regard to claims for damage related to participation in public procurement proceedings (e.g. holding of a security deposit) or in connection with the performance of a contract
  • representation in negotiations with employer or contractor
  • representation in court or arbitration disputes
  • preparation of specialised legal opinions on application of provisions of the Public Procurement Law
  • provision of expert opinions on the permissibility of variation of public procurement contracts and identification of risks related to performance of public procurement contracts