Public procurement

Public procurement is not the exclusive domain of the public finance sector, with the Treasury’s equity stake in hundreds of domestic private entities, they have to apply the public procurement law to a limited extent as contracting authorities under utilities contracts.

Our law firm has experience in delivering legal assistance to both standard procurements and utility contract as many of our energy and mining clients have this status.

We provide legal assistance to both contracting authorities while holding tenders and contractors who plan to participate in tenders.

In the area of public procurement, we cooperate with clients depending on their needs and wants, which includes comprehensive legal services for all contracting authority proceedings, assistance in the organisation of individual proceedings, representation before the NAC of both parties to the proceedings and the preparation of ad hoc expert opinions for the needs of the contracting authority or the contractor.

Katowice is the seat of our law firm, however, for legal assistance in the field of public procurement the geographical criterion does not play an important role. Given the specific nature of tender proceedings means that we are able to effectively provide services in this legal area to all entities, no matter where seated.

In the area of public procurement, we provide such services as:

• Advice on the choice of the appropriate mode of procurement procedure.
• Preparation of the content of the TOR.
• Preparation and review of the procurement contract.
• Organisation and conduct of a technical dialogue prior to the contract award procedure.
• Preparation of answers to contractors’ questions.
• Preparation of responses to appeals to the NAC by contractors.
• Advice on the preparation of a proposal in a public procurement procedure.
• Pronouncement of opinion on the public procurement contract and the content of the TOR bearing in mind the Contractor’s interests.
• Preparation of questions to the contracting authority.
• Representation by the NAC of contracting authorities or contractors.

Our unique experience, awareness of the needs and problems of each party in a tender procedure makes our support for clients more effective and ultimately beneficial, regardless of the client’s role in the procedure.