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Before commencing work related to the preparation of tender documentation, the contracting authority is obliged to make a series of crucial decisions regarding the planned tender procedure. Undoubtedly, the most important among these include: confirming the obligation to apply the Act, selecting the contract award procedure, and organising the work related to preparing the contract (appointing a tender committee, selecting experts to draft the description of the subject matter of the contract). We actively participate in these activities and advise contracting authorities on making optimal decisions. We also provide legal support at the stage of drafting the description of the subject matter of the contract, which, apart from reflecting the contracting authority’s needs, must meet specific formal requirements (the content of the description of the subject matter of the contract in PPL procedures is subject to challenge, and contractors occasionally use this legal remedy).
Based on the description of the subject matter of the contract, as well as the contracting authority’s guidelines and decisions, we prepare all documents necessary for the efficient and correct conduct of the public procurement procedure. During the drafting of the documentation, we remain in regular contact with the contracting authority’s representatives and consult on significant issues with technical experts. We present proposals for subjective conditions for participation in the procedure (the fulfilment of which is a prerequisite for submitting a bid), criteria for selecting the most advantageous bid, requirements regarding the bid bond, and security for proper contract performance; we also create a schedule for the procedure. After drafting the preliminary versions of the tender documents, we discuss them with the contracting authority. We also remain at our clients’ disposal when, during the course of the procedure, a need arises to amend the documentation – we prepare draft amendments and update the work schedules.
We develop standard tender documentation for specific types of contract award procedures, incorporating the standards and practices applied by contracting entities – these are ready-to-use document sets for recurring purchasing procedures. We ensure that the document templates correspond with other internal regulations applicable at the contracting authority (organisational regulations, procurement regulations, GDPR documentation). We also prepare lists of potential conditions for participation in the procedure, bid evaluation criteria, and required securities – ready to be implemented into the specifications of specific purchasing procedures. Upon our clients’ request, we also draft standard contractual clauses, essential contractual provisions, and draft contracts, which facilitate the contracting authority’s employees in creating tender documentation independently. Given the changing market conditions, we attach particular importance to the proper drafting of conditions for amending the contract and indexation clauses, ensuring the contracting authority’s interests are thoroughly protected.
We conduct audits of document templates used by our clients. We analyse the templates’ compliance with public procurement regulations (the Public Procurement Law, executive acts), other legal regulations, and the contracting authorities’ internal rules. We propose amendments aimed at ensuring the documents’ compliance with legal requirements, changes supporting the efficiency of the implemented procedures, and modifications ensuring consistency across individual documents and internal regulations.