Public procurement law

Philosophy

We provide practical and effective assistance on public procurement matters to both business customers and awarding authorities in various sectors, including transportation, fuel and energy, infrastructure and defense. Our work, both for bidders and awarding authorities, gives us a unique expertise and understanding of the process. In working with awarding authorities, we contact mostly procurement and management teams. When working for bidders, most of our direct contacts include in-house counsels, as well representatives of business teams.

We are a leading Polish one-stop-shop law firm so we always treat public procurement matters as a part of broader legal framework. We benefit from the expertise of our colleagues from other practices, especially from tax, regulatory, competition and company law on issues which need to be taken into account.  Our assistance is always comprehensive. We are also able to assist clients on all phases of public procurement procedures, starting from an analysis of documentation, a review of draft public contracts, raising questions to the procurement documentation through preparing or reviewing bid documents to the after-bid assistance (preparing clarifications to the bid), appeal procedures, contract execution and implementation. The above distinguishes us from advisors who offer only assistance during a particular phase of the proceedings.

We are prepared to meet tight deadlines and grasp the dynamics of procurement proceedings. We also understand that our clients needs a concise and business oriented response. We always try to understand our clients’ business needs and discuss our concerns to find the solution which would be acceptable from legal and business perspectives.

Expertise

We have been advising on public procurement for over two decades and we keep up with all changes and developments.

In particular, we provide the following services:

  • GDPR: we assist our Clients in GDPR implementation, in particular we help to prepare documentation, review and analyze solutions used by Client and scope of data processing operations, as well as advise on legislative proposals which are to supplement GDPR.
  • RFP: working for awarding authorities, we help them to prepare or amend the request for proposals or the terms and conditions of tender. Working for bidders, we review tender documentation, point out legal risks and potential countermeasures, and prepare questions for clarification to the awarding authorities.
  • Contracts: we assist our clients in reviewing draft contracts proposed by awarding authorities and request clarification concerning their wording; in negotiation procedures, we actively participate in negotiations. Once the offer is selected, we guide clients all the way through to signing. If necessary, we advise and negotiate the possibility of amending public contracts, and assist in their implementation.
  • Legal structures: it is not always clear whether a given entity should apply public procurement rules and if so, how public procurement should be structured to be most effective. We help such Customers to determine whether they need to apply public procurement rules. We also prepare the documents which are necessary to apply for the confirmatory ruling of the Chairman of the Public Procurement Office.
  • Appeal and litigation: we represent our clients in appeal procedures before the National Chamber of Appeals (KIO), as well as in the following court proceedings. The complexity of some projects often leads to a dispute in the implementation phase, and we work closely with our award-winning Litigation Practice to help our clients in such situations.
  • Due diligence: public contracts are often of a substantial value. We assist our M&A practice in public contract due diligence in various transactions. We focus on issues which are material and take into account the set-up of the transaction. We advise on potential changes which would mitigate identified risks.
  • Internal compliance audits and hotline setup: we advise on public procurement matters during internal investigations (e.g. in the course of FCPA or competition law related audits).