We provide professional legal services to contracting authorities, contractors and all entities participating in public procurement proceedings.
We offer support to contractors at every stage of the tendering process and during contract execution, including:
- we prepare inquiries to the ordering parties and requests for amendments to the OPZ, SWZ, technical documentation and contract,
- we draft comprehensive consortium agreements and assist in resolving disputes between participants,
- we review public procurement contracts to identify key legal risks, including contractual penalties,
- we edit responses to the contracting authority’s requests for clarification, including those regarding abnormally low prices and self-cleaning,
- we comprehensively protect the client’s business secrets,
- we prepare appeals to the National Board of Appeals regarding OPZs, SWZs, contracts and key actions of the ordering party, including exclusion of a contractor, change of selection of a bid to another contractor and accession,
- we represent contractors before the National Board of Appeals, the Court of Public Procurement and the Arbitration Court of the Public Prosecutor’s Office.
We defend the interests of contractors by:
- participating in negotiations and mediations with the ordering party and preparing settlement proposals,
- drafting important documents in the course of contract implementation (including calls for cooperation and statements of withdrawal from the contract due to the fault of the ordering party),
- Representation before common courts and the Supreme Court in cases involving disputes with the contracting authority,
- preparation of notices of irregularities in the bidding process to relevant institutions,
- in the event that the possibility of committing a crime in the course of the tender procedure is identified, we prepare notices and represent the Client’s interests at every stage of criminal proceedings before the police, the prosecutor’s office and the criminal court.
We assist contracting authorities in the difficult process of awarding public contracts, by:
- reviewing tender documentation (including contracts) for compliance with the law,
- preparing responses to appeals and representation before the National Board of Appeals and the Public Procurement Court,
- comprehensive representation in court proceedings against contractors,
- advising on the resolution of unforeseen problems during contract execution,
- providing opinions on the possibility of amending contracts with the contractor and grant agreements,
- defending the contracting authority in proceedings before the President of the Public Procurement Office, the Public Financial Discipline Ombudsman, and preparing complaints and appeals to administrative courts,
- advising on matters relating to the return of grants or subsidies.