Public procurement law and public-private partnerships

Tender procedures as provided for by the Polish Public Procurement Act on require expertise, accuracy and attention to detail. As experts involved in the major public procurement procedures in Poland, we have mastered all of these elements to perfection.

Our Public Procurement Law Team advises at all stages of the procedures: from drafting and publication of contract notices to conducting the procedure and any other procedural support. We provide contracting authorities with assistance in selecting the contractor and concluding the agreement, as well as with its implementation and any disputes that arise. We assist contractors on legal issues as well, guiding them through the tender procedure until the agreement is concluded. We also represent contractors in any disputes that arise and support them at the contract implementation stage. In particular, we work with Clients in the ICT, IT, telecommunications, construction, energy, medical, and pharmaceutical sectors. Lawyers at the firm are active members of the Polish Chamber of Information Technology and Telecommunications (PIIiT) and working groups appointed by the Polish Public Procurement Office (UZP).

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

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

• prepare draft questions for the contract notice and tender specifications,
• review tender documents, including the tender specifications and the contract template or its essential provisions, in particular with regard to legal risks and the requirements that may impede the award of the contract,
• assist with drafting the bid,
• assist with drafting clarifications concerning the bid and its supplementation at the request of the contracting authority,
• prepare consortium agreements and provide opinions on them,
• draw up agreements with subcontractors and resource providers and assist with negotiations,
• draft appeals regarding the selection of the optimal bid and acts and omissions of the contracting authority,
• represent the Client before the National Appeals 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 preparations for the procedure, including the choice of type of procedure and drafting the conditions for admission to the procedure and criteria for the evaluation of tenders,
• draft or evaluate any tender documents,
• participate in the work of the tender evaluation committee, including 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 optimal bid or information about annulment of the procedure,
• draft replies to information about activities which do not comply with the Act,
• examine appeals lodged in the appeal procedure and draft responses to appeals,
• plan and implement an exit strategy to avoid vendor lock-in,
• assist in monitoring public procurement expenditure.

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.

• 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.