Public Procurement

Practises

Public procurement is highly formalised. To successfully go through the procedure, one must smoothly navigate the dynamically changing legal, economic and political environment. Hence, effective legal public procurement advisory requires not only a thorough knowledge of legislation, but also a perfect understanding of the specifics of particular industries and sectors in which clients operate, including IT, infrastructure, energy, medicine, waste, defence, smart cities and logistics.

What do we offer?

 

  • Comprehensive advice on Polish and European public procurement law, taking into account the specific nature of individual industries and sectors of the economy
  • Effective solutions to mitigate the risks associated with organising or participating in public procurement procedures, appeal and complaint proceedings, and related to performing public procurement contracts
  • A comprehensive approach to the most complex procurement challenges by working with experts from our other specialist teams

 

How do we assist Economic Operators?

 

  • Developing the optimum strategy and selecting the structure for taking part in procedures (independently, in a consortium, or with third parties or subcontractors)
  • Advising on the execution and performance of agreements with consortium members and subcontractors, including foreign entities
  • Reviewing tender documentation, and identifying and preventing risks related to participation in the procedure and performance of public contracts, e.g. via querying the content of the Terms of Reference (ToR) and submitting requests for their amendment
  • Assisting Economic Operators at all stages of procedures, including in preparation and submission of tenders and evidence of conformity of the goods/services/works offered with tender requirements (dowody przedmiotowe) and of the tenderer’s eligibility (dowody podmiotowe), including submission of documents from foreign entities
  • Managing communication with the Contracting Authority, preparing applications and clarifications for the Contracting Authority
  • Preparing and lodging legal remedies and representing Economic Operators before the National Appeals Chamber, common courts and the Supreme Court
  • Providing ongoing support at the stage of implementation of public contracts, e.g. by assessing whether a contract amendment is allowed
  • Assessing the legitimacy of contracting party claims (e.g. for payment of contractual penalties, damages, indexation of contractual remuneration), preparing necessary documentation and representing the Economic Operator in proceedings before common courts
  • Training Economic Operator staff in public procurement law, identifying areas for improvement, conducting audits and streamlining internal processes

 

How do we assist Contracting Authorities?

 

  • Developing purchasing strategies for individual Contracting Entities, groups of companies, shared service centres (CUW) and central Contracting Authorities
  • Analysing the necessity of applying public procurement law and competitive procedures based on European regulations
  • Advising on the choice of the appropriate procedure, assisting in the drafting of public procurement documentation (Terms of Reference, model public contract, forms, etc.)
  • Preparing and carrying out public procurement procedures on behalf of Contracting Authorities, including under negotiated procedures and competitive dialogue
  • Assisting in the examination and evaluation of tenders and in selecting the most advantageous offer
  • Representing Contracting Authorities before the National Appeals Chamber, common courts and the Supreme Court, including drafting appeals, responses to appeals and pleadings
  • Providing ongoing support at the stage of implementation of the public contract, e.g. by assessing whether a contract amendment is allowed
  • Assessing the legitimacy of contractual party claims (e.g. for payment of contractual penalties, damages, indexation of contractual remuneration), preparing necessary documentation and representing Contracting Authorities in proceedings before common courts
  • Advising in connection with public procurement audits
  • Advising in proceedings concerning financial corrections imposed to beneficiaries of EU funds at the national level, and in potential disputes with the European Commission
  • Training Contracting Authority staff in public procurement law, identifying areas for improvement, conducting audits, helping to streamline internal processes

Contact us:

Jakub Krysa, PhD

Jakub Krysa, PhD

Attorney at Law, Partner, Head of Public Procurement Practice and Spanish Desk

+48 784 084 522

j.krysa@kochanski.pl