Services – Public Procurement & PPP

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Public procurement & PPP

We provide comprehensive legal advice for contracting authorities and participants in tenders under the Public Procurement Law and the Act on Concession Contracts for Construction Works or Services, and in implementing projects via public-private partnerships.

We draft all essential documents for contractors in proceedings for award of public contracts, including for contractors tendering jointly (e.g. support in negotiating consortium agreements, analysis of contracts, identification of risks).

We draft, review and advise on tender documentation for contracting authorities and entities (e.g. terms of reference, subject-matter description, contract conditions), and represent and act for parties to tender procedures. We also provide ongoing advice during tenders (e.g. participating in negotiations with bidders, support in evaluation of bids, and determination of the final wording of the contract).

We verify applications to participate in proceedings, as well as offers, for compliance with law. We prepare legal analyses and opinions on public procurement law. We provide opinions on the correctness or possibility of taking certain actions by the contracting authority or entity during the contract award procedure. We participate as experts in the work of tender commissions. We also represent contractors, contracting authorities and contracting entities in appeal proceedings before the National Appeal Chamber and the courts.

We advise on qualification of expenses incurred at the project realisation stage and provide support in proceedings involving financial corrections imposed on beneficiaries of EU funds. We also provide legal assistance in connection with ex ante review of contracts and annexes concluded by beneficiaries.

We provide opinions on the permissibility of modifications to public procurement contracts and identify risks connected with performance of procurement contracts.

We run an online legal commentary on Poland’s new Public Procurement Law. We explain what has changed with entry into force of the new act and how to understand its provisions.