Public Procurement
Polish procurement law
In 2018, over 151,000 public procurement procedures were carried out in Poland. The public procurement market in Poland is worth over PLN 202.1 billion, which corresponds to over 9.5% of GDP. Participation in the public procurement market in Poland allows the acquisition of key contracts for significant entities as well as smaller companies operating in many industries.
Effective participation in public procurement procedures requires not only offering high-quality competitive products, but also meeting many formal requirements. Public procurement law is one of our main specialties. We provide services to entities participating in tenders at all stages of the contract award procedure.
Cooperation with us will guarantee for you the avoidance of legal pitfalls related to the public procurement procedure. As a result, you will be able to deal only with the business and technical aspects of participating in the tender, leaving all legal and formal issues to a lawyer with expertise in public procurement in Poland.
As part of legal services for contractors, we provide opinions on the specifications of essential terms of the contract with contracting authorities, and identify legal risks related to participation in tenders.
We also help contractors at the stage after selecting the best offer by the contracting authority. First, we carefully analyze the actions taken by the contracting authority in the course of the procedure and the offers submitted by competitors. Then we present recommendations as to the legitimacy of appealing to the awarding entity’s actions to the National Appeals Chamber, enabling the client to make a rational decision based on the analysis of the matter regarding the possible appeal. We represent clients before the National Appeals Chamber, providing full substantive and formal support.
In the field of public procurement, we provide in particular the following services:
Submission of the most advantageous offer in the tender:
- Analysis of the public procurement contract - indication of the legal risks on the part of the tenderer.
- Analysis of the specifications of the essential terms of the contract in terms of submitting a lawful offer. Preparation of questions addressed to the Terms of Reference.
- Effective protection of trade secrets.
- Legal support for contractors in relations with consortium members, subcontractors - drawing up consortium agreements, implementation agreements, and contracts with subcontractors.
- Developing defense tactics against rejection of the offer due to abnormally low price.
Questioning the contracting authority's adverse activities
- Informing the contracting authority about illegal activity.
- Appeal to the contracting authority regarding the specification of essential terms of the contract and appeal at the stage after the submission of the offer.
- Appeals to the National Appeals Chamber regarding the selection of the most advantageous offer.
- Representation in a complaint procedure against a decision of the National Appeals Chamber.
- Representation of contractors in court in disputes with awarding entities.
For contracting authorities:
- Audits of purchasing procedures.
- Preparation and evaluation of tender documentation.
- Legal assistance in the process of controlling public procurement.
- Participation in tender commissions.
- Legal assistance in the course of public procurement proceedings.
- Verification of formal correctness of offers submitted by contractors, correspondence with contractors.
- Legal service at the implementation stage.
- Conducting trainings.
