Public procurement and PPP

Public procurement and public-private partnership – one of the main fields of expertise of the Chambers.

We perfectly understand the complexity and specific characteristics of procedures and public contracts, of an inflexible nature. We realise the strict time limits (statutory or specified by the Contracting Authorities) in such procedures. Legal aid related to public procurement issues constitutes one of our main fields of expertise.  For many years our lawyers have assisted Contractors and Contracting Authorities by preparing all kinds of letters relating to procedures for the award of public contracts, represented the Clients before the National Appeal Chamber and courts, supported in the execution and participated in the ‘renegotiation’ of contracts concluded with public entities. The Partners of the Chambers: Patrycja Pakuła-Sielska and Tomasz Cwojdziński are specialists with many years of experience in this field as well as unique practice in the application of solutions regarding works and service concessions and public-private partnership.

We provide comprehensive advisory services concerning the award, conclusion, performance, amendment and assessment of any contracts subject to the Public Procurement Law Act, in particular where the contract value exceeds the so-called ‘EU thresholds’. Our services include in particular:

  • legal assistance in the assessment of risks involved in the participation in a given procedure, e.g. verification of the provisions of the ToR (Terms of Reference, SIWZ in Polish) and the contract prior to bid submission (filing of a request to participate) as well as during contract execution – performed in various forms, including a uniform contract assessment template – a contract risk review allowing fast comparisons of risks involved in the participation in a given procedure to those assumed in similar contracts),
  • comprehensive support in the preparation of requests for explanations of unclear or problematic provisions of the ToR (which is of particular importance as after the conclusion of a public contract it is extremely difficult or virtually impossible to make any amendments to it) as well as of replies to such requests from Contractors,
  • legal aid in the preparation of inquiries addressed to public entities in accordance with the act on access to public information, with a view to establishing facts important to the Contractor, including the terms of other contracts whose assessment may be of use to the conclusion or performance of public contracts,
  • preparation of all types of clarifications in reply to Contracting Authorities’ requests, including those regarding business secrets or an abnormally low price,
  • preparation and evaluation of draft contracts, e.g. preliminary contracts, subcontracts, consortium agreements or arrangements concerning the provision of resources of other entities as necessary to contract performance,
  • comprehensive legal support and advisory services to Contracting Authorities in procedures for the award of public contracts or conducting procedures for the award of public contracts on their behalf, including the preparation of the necessary tender documentation,
  • assessment of the possibilities to award contracts in non-competitive procedures, including an additional or complementary contract, and to make amendments to contractual provisions of public contracts (in the form of annexes),
  • assessment of the risk of considering certain behaviour of participants in tender procedures to be the so-called ‘collusion’ narrowing competition,
  • preparation of opinions on the need to apply the provisions of the following acts: Public Procurement Law, the Public-Private Partnership Act and the Works or Service Concessions Act, particularly in special circumstances,
  • preparation of legal remedies provided for in the Public Procurement Law Act, including appeals and replies to appeals,
  • representation of Contractors as well as Contracting Authorities in proceedings before the National Appeal Chamber and courts of law,
  • supporting the Clients in the re-negotiation of public contracts with Contracting Authorities or Contractors as well as in out-of-court negotiations, also through legal representation in judicial proceedings concerning amendment, performance or termination of such contracts,
  • drawing up of agreements with Contracting Authorities or Contractors aimed at amicable termination of the performance of ‘difficult’ contracts and preparation of statements of reasons for the possibility of entering in such agreements under given circumstances,
  • preparation of opinions and provision of legal advisory services in the design or implementation of projects including cooperation between public and private partners, also under a public-private partnership or concession.