Public procurement proceedings

We provide comprehensive legal support in the field of public procurement, dedicated to both contracting authorities and contractors at every stage of the tender procedure. Our team of experts actively supports the preparation of documentation, ensures a thorough evaluation of bids, and effectively represents clients in disputes before the National Appeals Chamber (KIO). By combining deep substantive expertise with litigation experience, we guarantee legal security and maximum effectiveness in the execution of even the most complex procurement projects.

Preparation of proceedings / Preparing to participate in a tender

We provide legal assistance at the stage of preparing the proceedings. We support the implementation of all activities by the contracting authority that precede the initiation of the procurement procedure (i.e., its public announcement or invitation to contractors to participate in the proceedings). We assist at the stages of conducting needs and requirements analysis, drafting the description of the subject matter of the contract, estimating the contract value, assessing risks related to the division of contracts (evaluating the possibility of treating a specific purchase as a separate contract), selecting the award procedure, determining selection criteria, and developing tender documentation.

For contractors, we offer assistance at the stage of preparing to submit a bid. We analyse the provisions of the announcement and the Terms of Reference (SWZ), indicate possibilities for requesting the contracting authority to amend the SWZ provisions (conditions for participation, required security, contractual provisions, etc.), prepare or conduct correspondence with contracting authorities on behalf of our clients, and file appeals to the National Appeal Chamber regarding the content of the SWZ.

Support for the work of tender committees

We actively cooperate with tender committees appointed to conduct proceedings. We assist in all activities, provide ongoing consultations, and prepare draft letters and documents. We participate in communications with contractors – assisting in conducting correspondence, providing answers to questions regarding the Terms of Reference (SWZ), and preparing any potential amendments to the SWZ. At our clients’ request, we also participate in committee meetings.

Analysis and evaluation of bids, selection of the most advantageous bid – supporting the contracting authority’s decisions

We support contracting authorities (tender committees, individuals/bodies performing the duties of the head of the contracting authority) in activities related to the analysis and evaluation of bids. We assist in drafting requests for clarification. We prepare legal opinions resolving specific doubts that serve as the basis for the contracting authority’s decision-making. We also provide support in formulating justifications for the contracting authority’s decisions that may lead to an appeal being filed with the National Appeal Chamber (KIO) by a contractor (e.g., decisions to reject a bid, exclude a contractor from the proceedings, or annul the proceedings). Should a contractor file a legal challenge, we defend the contracting authority’s position during the proceedings before the National Appeal Chamber.

Obligations of the contracting authority – procedural, information, and reporting

We actively assist contracting authorities in fulfilling their ancillary procurement obligations arising from the provisions of the Public Procurement Law Act. In particular, we support clients in conducting the analysis of needs and requirements and in activities related to the preparation of the procurement plan for the fiscal year (including analyzing planned purchases in terms of the obligation to aggregate their values). We provide assistance in meeting information disclosure requirements (e.g., notices of low-value contracts, contract award notices, and notices of contract performance) as well as reporting obligations related to the preparation of the annual report on awarded contracts.

Legal assistance for contractors

The Public Procurement Law Act imposes a number of obligations on contracting authorities regarding the conduct of tenders and grants contractors the rights to enforce the fulfillment of those duties. In practice, which bid is deemed the most advantageous is often determined by purely formal matters. At the stage preceding the submission of a bid, we provide comprehensive legal support to contractors in the analysis and, where necessary, the challenging of requirements and conditions set by contracting authorities. We also provide legal advisory during the bid preparation phase and support contractors in enforcing their rights throughout the bid evaluation process.