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Public Procurement

  • Legal advice for general contractors and contracting authorities at all stages of public procurement procedure
  • Proceedings before the National Appeals Chamber (NAC)
  • Complaint proceedings before common courts
  • Advising on Public Procurement Law in the performance of contracts
Public Procurement

We provide legal advice to Polish and foreign entities at all stages of public procurement procedure (both regular and sectoral), in particular with regard to infrastructure, energy and services sectors. We successfully represent our clients in proceedings before the National Appeals Chamber. Complaints filed by us with common courts against judgments issued by the National Appeals Chamber have led to precedent-setting rulings in several cases.

1. We advise our clients on:

  • Review of public procurement notices or Terms of Reference (ToR) in terms of compliance with the Public Procurement Law, generally applicable law, and current case law of the National Appeals Chamber and common courts;
  • Drafting bids or proposals in terms of its compliance with the requirements established by the contracting authority, determining the scope of the required documents and statements for submission under proceedings, and verifying that they are correct;
  • Drafting and submitting enquiries in order to clarify the provisions of ToR;
  • Participating in negotiations and other meetings provided by law at the stage of conducting public procurement procedure;
  • Assessing the chances of success if legal remedies (appeal, complaint) are used;
  • Drafting appeals to the National Appeals Chamber or complaints to a common court, as well as other pleadings necessary at the stage of using legal remedies;
  • Analysing appeals filed in public procurement procedure by other contracting authorities;
  • We represent clients in proceedings before the National Appeals Chamber and common courts.

2. Selected tenders:

We successfully represent and advise clients in the largest infrastructure-related tenders in Poland, covering diverse industries.

  • We represented a Polish-Chinese consortium in appeal proceedings in the largest railway tender in Poland (Rail Baltica);
  • We also supported contractors in the second-largest tender ever conducted by PKP PLK (construction of GSM-R network);
  • We advised a Polish-French consortium in a tender for the construction of Poland’s largest waste incineration plant;
  • We have represented contractors in the largest tenders for hydraulic engineering constructions in Poland (construction of breakwaters, Vistula Spit canal);
  • We represented contractors in a procedure related to the construction of a tram line in Olsztyn;
  • We also supported our clients in a procedure for the construction of a tram line in Kraków conducted as a public–private partnership;
  • We have also provided advice during tender procedures for innovative large-scale facilities (such as the construction of Orientarium in Łódź).

We represent our clients in numerous road, railway, power engineering or large-scale proceedings on a daily basis. We gained experience during proceedings conducted by a number of contracting authorities, in different formulas and various procedures. With our support, our clients build roads, stadiums, railway and tram lines, breakwaters and hospitals.