Public Procurement
We assist both contracting authorities and bidders or contractors in all key matters related to the preparation, conduct, award, performance and challenge of public procurement procedures. We provide legal support both in the preliminary structuring of the procedure and preparation of the documentation, as well as in participation in procedures, protection in case of breaches and representation before the competent authorities and courts.
We provide legal assistance to contracting authorities in selecting the appropriate procurement procedure, preparing the documentation and organising the procedure as a whole. We assist in drafting notices, decisions, instructions, bidder requirements, selection criteria, award criteria, technical specifications, draft contracts and other documents necessary for the lawful conduct of the procedure. We also advise on matters related to low-value public procurements, including the choice of the applicable procedure, the preparation of the necessary documents and the conduct of the award process in compliance with the legal requirements.
We assist bidders and contractors in assessing the conditions of the procedure, preparing and submitting tenders, requests, clarifications, objections and other documents related to participation in a public procurement. We provide assistance in analysing notices and documentation, assessing eligibility and selection requirements, as well as participating in negotiations and other actions within the relevant procedure. We also assist in relations between the contractor, subcontractors and third parties where necessary for participation in or performance of the contract.
We advise on matters related to the principles of publicity, transparency, equal treatment and free competition in public procurement. We assist contracting authorities in preparing lawful decisions and documents at the various stages of the procedure, and bidders in assessing whether the published conditions, requirements and decisions comply with the applicable legal framework. The aim is to reduce the risks of breaches, challenges and subsequent sanctions.
We provide legal assistance in the conclusion, performance, amendment and termination of public procurement contracts and framework agreements. We assist in drafting and reviewing contractual clauses, interpreting the rights and obligations of the parties, and resolving issues related to deadlines, prices, penalties, acceptance of performance, subcontractors, contractual amendments and other practically important aspects of contract performance. We act for both contracting authorities and contractors, depending on the specific case.
We provide procedural representation in disputes related to breaches of the rules governing public procurement. We assist in challenging decisions, actions and omissions of contracting authorities before the Commission for Protection of Competition, as well as in subsequent appeals before the Supreme Administrative Court. We also provide legal assistance in claims related to invalidity, annulment or the consequences of contracts and framework agreements concluded in breach of the applicable rules.
- are preparing a public procurement procedure;
- are participating in a public procurement procedure as a candidate, tenderer or contractor;
- require a legal review of the procurement documentation, terms or award criteria;
- are awarding or participating in a low-value public procurement procedure;
- need to enter into, amend or terminate a public procurement contract;
- are involved in a dispute concerning the lawfulness of the award procedure;
- wish to challenge an act, decision, action or omission arising in the course of a public procurement procedure;
- require legal representation before the Commission for Protection of Competition or the competent courts.
Contact us for timely legal advice and professional assistance with your matter.
