Tenders applying the principle of competitiveness – professional support for EU fund beneficiaries

EU public procurement

EU tenders are contracts financed or co-financed by EU funds, carried out by beneficiaries implementing projects under EU programs. They encompass projects implemented both in Poland and in other EU Member States. Procedures related to EU tenders must comply with EU and national regulations, as well as the specific guidelines of a given EU program.

In the case of EU-funded contracts that are not subject to Public Procurement Law, beneficiaries are required to apply the “Guidelines on the eligibility of expenditures for the years 2021-2027” published by the Minister of Funds and Regional Policy. These guidelines mandate that funds be spent (and tenders conducted) within EU projects in accordance with the so-called “principle of competitiveness” (zasada konkurencyjności). The aforementioned regulations define, among others, the rules for publishing requests for quotations (RFQs), evaluating bids, and selecting a contractor, all of which must be followed to ensure the eligibility of expenditures incurred in connection with project implementation.

How do we support beneficiaries in EU public procurement?

GJW Law Firm offers comprehensive legal support in the process of conducting EU tenders and procurement funded by EU resources, ensuring full compliance with legal regulations and programmatic guidelines.

Our services in the implementation of EU-funded tenders:

Project Budget Analysis and Preparation of Procurement Plans 

• project budget analysis, including the grouping of purchases which, according to the Guidelines, must be treated as a single contract,

• support during the contract value estimation procedure, 

• development of a procurement plan, indicating the appropriate award procedures for each purchasing process.

Preparation of Tender Documentation

• drafting tender notices, requests for proposals (RFPs), and regulations compliant with EU guidelines and national regulations,

• drafting contracts with contractors and key tender documents,

• verification of documentation for compliance with the Guidelines on the eligibility of expenditures and the rules for proceedings under the principle of competitiveness.

Publication of Notices and Management of the Tender Process 

• support in publishing notices on platforms such as the Competitiveness Base (Baza Konkurencyjności) or TED (Tenders Electronic Daily),

• advisory on the correct description of the subject matter of the contract and bid evaluation criteria.

Evaluation of Bids and Selection of the Contractor 

• verification of bids for compliance with the requirements of the terms of reference or the request for proposal,

• assistance in evaluating and comparing bids based on specified criteria (besides price, criteria may include quality, warranty terms, or lead time). 

Verification of Potential Conflicts of Interest

• verifying the risk of awarding contracts to entities linked to the contracting authority through personal or capital ties. 

Representation in Dispute Situations 

• resolving disputes with contractors and representation in appeal procedures,

• representing beneficiaries of EU funds during inspections, audits, and monitoring procedures regarding the correctness of EU-co-funded project implementation.

Training and Advisory for Beneficiaries 

• training on conducting EU tenders and tenders carried out under the principle of competitiveness,

• ongoing legal and organisational advisory at every stage of contract execution.

Audit and Settlement of Contracts

• internal audits of tender documentation (prior to submission to the monitoring institution),

• legal support in preparing the documentation necessary for project settlement and meeting audit requirements.

By choosing GJW Gramza i Wspólnicy, you gain a partner with extensive experience in managing EU-funded projects, ranging from large-scale infrastructure investments, innovative and R&D projects, and the procurement of machinery and equipment, to smaller business ventures. We specialise in public procurement law and EU fund regulations, which allows us to effectively support beneficiaries at every stage of the process – from drafting documentation to representation and advisory in all disputed matters.

Our comprehensive approach and in-depth knowledge of expenditure eligibility guidelines and the rules for conducting purchasing procedures under the principle of competitiveness allow us to minimize the risk of procedural irregularities that could result in the loss of funding (financial corrections) or other negative consequences. Through precise advisory and professional support, we help beneficiaries carry out purchasing procedures in a manner that is compliant, efficient, and legally secure.