The public procurement sector is an important part of the market, and for many of our clients, procurement for public entities is the core of their business. At the same time, it is an extremely difficult market, where efficient navigation requires experience and knowledge of constantly changing legal provisions and new lines of jurisprudence of the National Appeals Chamber. In addition, cooperation with the ordering party (public entities) at every stage from obtaining an order to its implementation is much more formalized and less flexible than in the case of cooperation on the private market. On the other hand, the ordering authorities are obliged to ensure all necessary conditions for the performance of their tasks through the proper conduct of the procurement procedure. At KTW.Legal, we are fully aware that due to the specificity of this field, we can only achieve a joint success of such projects through close cooperation with the relevant departments of our client's organisation.
Conducting a public procurement procedureCollapse Expand
For our clients who are ordering parties, we offer support at every stage of the procedure, including drafting the tender documentation, Terms of Reference, contract templates, subsequent evaluation of offers and further course of the action up to the conclusion of the contract with the selected contractor. We also provide support at the stage of contract execution.
Preparing the offerCollapse Expand
For the clients who are contractors, we provide support already at the stage preceding the preparation of the offer, i.e. during the initial verification of the tender documentation. In most cases, effective appeal and protection of contractors’ rights are only possible when possible errors or inaccuracies have been identified at this initial stage. At KTW.Legal, we also offer comprehensive verification of the prepared offer in terms of its compliance with the public procurement law and with the requirements of the ordering party.
Proceedings before the National Appeals Chamber (KIO)Collapse Expand
We represent our clients – both ordering parties and contractors – in disputes before the National Appeals Chamber. We support contractors in particular by drafting appeals regarding ordering party’s infringements, being fully aware that a duly prepared and duly argued appeal translates into the possibility of obtaining a contract. However, in the case of ordering parties, we strive to maintain the appealed actions in force.
Public procurement contractsCollapse Expand
Bearing in mind the degree of formalization of the public procurement law, we provide our clients with legal assistance in the implementation of the already concluded public procurement contracts, with particular emphasis on the formal and legal assessment of these contracts before their conclusion, as well as on the admissibility of introducing changes to the concluded contracts in accordance with the provisions of the public procurement law.