Public procurements

The Law Firm provides comprehensive support for contractors during proceedings for public procurement. It consists of:

• analysis of tender documentation with particular emphasis on the Terms of Reference and preparation of queries to the Terms of Reference,
• support in the preparation of the tender offer and proper completion of the European Single Procurement Document (ESPD);
• verification of content of the offers and ESPDs submitted by competing contractors;
• drafting applications, letters, explanations and supplements submitted at the request of the contracting authority, in particular in the field of abnormally low price;
• drafting, reviewing and negotiating consortium agreements and executive agreements, as well as drafting and reviewing consortium powers of attorney;
• support in drafting the commitment of the third party providing resources;
• drafting appeals to the President of the National Appeal Chamber and representation in appeal proceedings before the National Appeal Chamber;
• drafting complaints against decisions of the National Board of Appeals and decisions of the President of the National Board of Appeals, as well as representation in complaint proceedings before the Court of Public Procurement;
• comprehensive legal support at the stage of execution and settlement of public procurement contracts, including during the warranty and guarantee period;
• drafting applications for remuneration adjustments and advising in this regard;
• drafting letters of time and financial claims and legal support in this regard;
• comprehensive handling of disputes with ordering parties regarding performance of contracts in public procurement, including accrual of contractual penalties and warranty or guarantee claims;
• representation of contractors and subcontractors in disputes before common and arbitration courts, in settlement and mediation proceedings;
• conducting training courses for contractors’ employees;

The Law Firm also specializes in providing legal services to contracting authorities at all stages of public procurement proceedings.
The scope of the Law Firm’s services includes:

• support in drafting a public procurement plan;
• assistance in selecting the appropriate mode of proceedings and legal support at each stage of the tender procedure;
• analysis, opinion and verification of documentation prepared by the contracting authority, as well as support in drafting and editing tender documents, with particular emphasis on the Terms of Reference and the contract notice;
• support in drafting the analysis of needs and requirements;
• participation in procurement committee’s work as experts and giving opinions on its decisions;
• analysing bids, European Single Procurement Documents and letters submitted by contractors;
• drafting and reviewing letters and summonses addressed to contractors;
• drafting and reviewing information about the selection of the most advantageous offer;
• drafting responses to legal protection measures filed;
• representation in appeal proceedings before the National Appeal Chamber and in complaint proceedings before the Public Procurement Court;
• verification of subcontracts submitted by contractors;
• legal support at the stage of execution and settlement of the public procurement contract, including during the warranty and guarantee period;
• drafting responses and advising on requests for valorisation of remuneration;
• legal support in cases involving time and financial claims of contractors;
• legal support in disputes with contractors regarding the implementation of contracts in public procurement, including calculation of contractual penalties and warranty or guarantee claims;
• representation in litigation before common courts and arbitration courts, in settlement and mediation proceedings;
• drafting legal opinions in the field of public procurement;
• training for managers and employees of the contracting party.