Public procurement

We support contractors at every stage of a tender procedure.

1. 1

   

   Stage I – commencement of the procedure

   • analysing the formal requirements of the contracting authority set out in the contract notice and in the terms of reference (SWZ)

   • helping to develop the best legal structure for participation in the procedure (consortium vs. reliance on the capacities of third parties)

   • determining the scope of the documents required by the contracting authority

   • identifying the risks arising from the conditions for participation in the procedure or from the planned structure of the contract, and analysing the draft contract and the description of the subject matter of the contract (OPZ)

   • drafting requests to the contracting authority for clarification and amendment of the SWZ

   • analysing the options for appealing against the provisions of the contract notice or of the SWZ

2. 2

   

   Stage II – preparation of the tender

   • advising on the preparation of the documents confirming the absence of grounds for exclusion and the fulfilment of the conditions for participation in the procedure

   • drawing up the required powers of attorney, declarations or explanations in Polish and in English

   • verifying whether the Polish and foreign documents meet the requirements of the contracting authority and the requirements arising from the Public Procurement Law

   • advising on drawing up the lists of services, supplies and personnel required by the contracting authority, including in cooperation with technical advisers

   • compiling the list of references and of documents confirming the due performance of services and supplies for the purposes of the tender procedure

   • preparing written justifications for classifying a tender as a trade secret; developing a strategy for restricting access to the tender in the context of the anticipated classification of competitors’ tenders as trade secrets and of the possibility of having them disclosed through an exchange of correspondence with the contracting authority or through an appeal to the KIO

   • carrying out a final review of the tender for completeness and formal compliance with the requirements of the contracting authority

3. 3

   

   Stage III – communication with the contracting authority

   • preparing explanations and justifications concerning trade secrets

   • preparing documents at the contracting authority’s request

   • developing explanations concerning the declarations or documents submitted

   • preparing explanations concerning the content of the tender or an abnormally low price

   • reporting the need to correct obvious clerical errors, arithmetical errors and other errors in the tender

4. 4

   

   Stage IV – analysis of the options for excluding competing contractors

   • analysing the tenders of competing contractors with a view to their disclosure where they have been classified as a trade secret

   • comprehensively analysing the tenders and other documents submitted by competitors in order to identify substantive, procedural and formal errors or omissions that may result in a competitor being excluded from the tender procedure

5. 5

   

   Stage V – appeal and complaint proceedings

   drafting and filing appeals with the KIO / complaints with the Regional Court against:

   • the failure to conduct a tender procedure,

   • the content of the contract notice or of the SWZ,

   • the disclosure by the contracting authority of documents classified as a trade secret,

   • the rejection of a tender / exclusion from the procedure,

   • the failure to reject a competitor’s tender / to exclude a competitor from the procedure

   • providing representation in connection with joining appeal proceedings initiated by another contractor

   • preparing responses to appeals / procedural pleadings

   • representing the client at sittings and hearings before the KIO and the Regional Court

   • working with technical and tax advisers, court experts, etc. in order to prepare the substantive line of argument

6. 6

   Stage VI – performance of the contract

   • handling communication with the contracting authority on the client’s behalf

   • keeping a “project log” in which we document all events that are relevant from the point of view of any subsequent court proceedings, and in which we collect, on an ongoing basis, the documentation and arguments that may prove helpful for that purpose

   • providing support in negotiations with the contracting authority (e.g. as regards indexation of the remuneration, amendment of the contract, additional works)

   • developing a strategy for cooperation with the contracting authority

   • supporting the resolution of disputes with the contracting authority, whether amicably or in court (e.g. as regards failure to cooperate, contractual penalties, withdrawal from the contract, pursuit of payment, etc.)

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  • developing purchasing strategies for individual contracting authorities, capital groups, shared services centres and central purchasing bodies

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  • analysing whether public procurement law and competitive procedures based on European regulations must be applied

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  • advising on the choice of the appropriate procedure and co-drafting the procurement documentation (SWZ, model public procurement contract, forms, etc.)

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  • preparing and conducting public procurement procedures on behalf of contracting authorities, including procedures conducted as negotiated procedures and competitive dialogue

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  • assisting with the examination and evaluation of tenders and with the selection of the most advantageous tender

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  • providing representation before the National Appeals Chamber, the common courts and the Supreme Court, including by drafting responses to appeals, complaints and procedural pleadings

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  • providing ongoing support at the stage of performance of the public procurement contract, e.g. by assessing the admissibility of an amendment to the contract and of the indexation of the remuneration

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  • assessing the merits of the claims of a party to the contract (e.g. for payment of contractual penalties, damages, indexation of the contractual remuneration), preparing the necessary documentation and representing the contracting authority in proceedings before the common courts

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  • advising in connection with public procurement inspections

  • advising in proceedings concerning financial corrections imposed on beneficiaries of EU funds at national level, as well as in any disputes with the European Commission

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  • training the staff of contracting authorities in public procurement law, identifying the areas requiring improvement, carrying out audits and helping to organise internal processes