We assist contractors throughout the tender process and during the execution of the contract, including:
- we prepare enquiries to the contracting authority and requests for amendments to the OPZ, SWZ, technical documentation and the contract,
- we prepare complex consortium agreements and resolve disputes between the participants,
- we review public procurement contracts to identify key legal risks, including contractual penalties,
- we draft responses to the contracting authority’s requests for clarification, including on abnormally low prices and self-cleaning,
- we comprehensively safeguard the client’s trade secrets,
- we prepare appeals to the National Appeal Chamber with respect to both the OPZ, SWZ and the contract, as well as all key actions of the contracting authority, including the exclusion of a contractor or the selection of another contractor’s bid, and accessions,
- we represent contractors before the National Appeal Chamber, the Public Procurement Court and the Arbitration Court of the Public Prosecution Service of the Republic of Poland,
- we defend the interests of contractors after concluding an agreement with the contracting authority:
- we participate in negotiations and mediations with the contracting authority and prepare settlement proposals,
- we prepare important documents in the course of contract execution (including calls for cooperation and declarations of withdrawal from the contract due to the ordering party’s fault),
- we represent contractors in disputes with ordering parties before common courts and the Supreme Court,
- we prepare notices of irregularities in the tender procedure to the President of the Public Procurement Office, the Funding Unit, the Regional Chamber of Accounts and the Supreme Chamber of Control.
If a criminal offence has been identified during the tender procedure:
- we prepare notices of the possibility of an offence and comprehensively represent the interests of the represented party,
- we represent the client at every stage of criminal proceedings before the police, the public prosecutor’s office and the criminal court.
We also assist contracting authorities in the difficult process of the awarding of public procurement:
- we review tender documentation (including contracts) for legal compliance,
- we prepare responses to appeals and represent contracting parties before the National Appeal Chamber and the Public Procurement Court,
- we comprehensively represent contracting parties in court proceedings against contractors,
- we assist in solving unforeseen problems arising in the course of contract execution,
- we provide opinions on the possibility of amending the contract with the contractor or the grant agreement from a legal and business perspective,
- we defend the contracting authority in proceedings before the President of the Public Procurement Office and the Public Finance Ombudsman and prepare appeals against their decisions and complaints to administrative courts,
- we advise contracting parties in proceedings concerning the return of subsidies or subventions.
