Details
Comprehensive support at all stages of the public procurement procedure. We represent both contracting entities and economic operators and appear in proceedings before the National Appeals Chamber and the public procurement court.
Public procurement law is one of our primary areas of specialization. Our lawyers regularly provide advice on public procurement proceedings, particularly in the IT, GIS systems, telecommunications, and energy sectors.
For economic operators, our support begins at the initiation stage of the procedure—and, if necessary, even earlier, during the contracting entity’s market analysis. We review documentation, identify requirements that may hinder or prevent the client from securing the contract, and assist in preparing questions for the contract documents or appeals. We draft consortium agreements, prepare documents related to third-party resource availability, and review our clients’ bids and applications to minimize the risk of exclusion from the process or rejection of the bid. During the procedure we assess competing economic operators’ bids and applications for potential grounds for appeal. We also prepare or review correspondence with the contracting entity (e.g., statements, document supplements).
For contracting entities, we assist in developing procedural assumptions—advising on the choice of type of procedure, drafting conditions of its participation, evaluating bid criteria, and conducting negotiations with economic operators in negotiated procedures. Additionally, we draft and review procurement notices and Terms of Reference (including model contracts or essential contractual provisions). We provide comprehensive support from the announcement of the procedure to the signing of the contract: assisting in drafting responses to Terms of Reference questions, reviewing applications and bids, preparing draft requests and other correspondence with economic operators, and participating as experts in the procedure.
We have extensive experience in handling proceedings before the National Appeals Chamber. We prepare appeals at all stages of the proceedings (including appeals against the content of the notice or Terms of Reference and against unfavorable procedural decisions), participate in appeal proceedings, and represent clients at hearings and trials before the National Appeals Chamber. We also draft, file, and support appeals against decisions of the the National Appeals Chamber before the public procurement court and draft, file, and support cassation appeals against decisions of the public procurement court before the Supreme Court.
Our support also extends to the contract performance phase—protecting the client’s ongoing interests in relations with the other party to the contract, conducting negotiations in the amicable dispute resolution phase, and representing the client in disputes before common courts.
How we can help?
- Proceedings before the National Appeals Chamber and common courts
- Support in procurement procedures