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We provide legal support in the analysis of procurement documentation, focusing on, among other things, the permissibility of specific conditions for participation set by the contracting authority. We verify whether the Terms of Reference (SWZ) published by the contracting authority violate the principles of conducting a procedure stipulated in the Public Procurement Law (PPL). We assist in drafting requests to the contracting authority for clarification of the SWZ in order to minimise the risk of the contractor’s bid being rejected or the contractor being excluded from the procedure. We also support correspondence with the contracting authority aimed at demonstrating the justification for amending the conditions for participation or modifying the draft contract to be concluded as a result of the procedure.
As the organiser of the procedure, the contracting authority defines the rules of the procedure and the conditions imposed on contractors. However, the Public Procurement Law does not grant the contracting authority absolute discretion regarding actions taken during the procedure. According to statutory requirements, a public procurement procedure must be conducted under conditions of fair competition and in compliance with the principles of equal treatment of contractors, proportionality, transparency, and openness.
If these principles are not respected, or if the contracting authority commits other violations of statutory provisions, contractors may use legal remedies – challenging the actions taken by the contracting authority before the National Appeal Chamber (KIO). We thoroughly verify the correctness of the contracting authority’s actions and examine whether their course of action violates the PPL or its executive regulations. We determine whether a specific violation may constitute grounds for an appeal to the KIO.
The legislator has provided contractors and other specified entities with instruments to challenge the actions and omissions of the contracting authority. These instruments are referred to as legal remedies. The primary legal remedy available to contractors who have an interest in obtaining a contract and have suffered, or may suffer, damage as a result of the contracting authority’s violation of PPL provisions is an appeal to the National Appeal Chamber (KIO). We advise on matters related to filing an appeal to the KIO, analysing the chances of obtaining favourable rulings, and we draft and lodge appeals. In the appeal, we identify the contracting authority’s unlawful actions or omissions, presenting both legal and factual arguments (referring to the subject matter of the contract, conditions for participation, or other circumstances relevant to the case). We work closely with the contractor during the preparation of the appeal. We approach each case individually, with the ultimate goal of securing a favourable ruling for our client.
We possess extensive experience in representing contractors before the National Appeal Chamber. We remain in constant contact and keep our clients informed about all circumstances relevant to the case. During the hearing, we orally present the allegations contained in the appeal and counter the arguments presented by the contracting authority or other entities participating in the KIO proceedings on the contracting authority’s side.
A complaint against a ruling of the National Appeal Chamber constitutes one of the legal remedies and is simultaneously the final instance of appeal under the Public Procurement Law (PPL). A complaint against a KIO ruling is available exclusively against a substantive ruling resolving the merits of the case and against orders terminating the appeal proceedings.
GJW Law Firm drafts complaints against KIO rulings following a thorough analysis of the decision (the judgment and its statement of reasons). As part of this analysis, we highlight potential risks, determine the costs of the proceedings, and estimate the litigation prospects of securing a favourable ruling. We represent contractors in proceedings before the Regional Court in Warsaw, which examines complaints against the rulings of the National Appeal Chamber.