TENDERING
With respect to tendering, we offer:
Procedure compliance analysis
We prepare legal opinions on the compliance of public tender procedures with the law, both as regards completed procedures and those still in progress. We evaluate the effectiveness and legal compliance of contracts.
Remedies
We offer both suppliers and contracting authorities representation of their respective interests in proceedings initiated by exercise of their remedies. Our assistance includes advice on preparation of appeals, declarations of joining the proceedings, objections and oppositions, as well as replies to appeals, and as regards proceedings conducted below the applicable thresholds: notifications of unlawful acts on the part of the contracting authority. We draft complaints and replies to complaints in proceedings conducted by common courts. We work together with our clients to devise strategies for the exercise of their remedies and represent them during the sessions, hearings and trials conducted by the National Appeals Chamber and Circuit Courts.
Selection of the type of procedure
We conduct analyses of the applicability of public procurement regulations to a specific procedure and – where the public procurement law applies – an analysis of the possibility to choose a non-competitive process.
Advice to contracting authorities in preparation of the procedure
We assist our clients in the preparation of the description and valuation of the object to be procured, drafting model agreements and the material terms of the contracts. We also help them prepare the terms of participation in the procedure and the terms and conditions of the invitation for bids (SIWZ). We review the tender documents before they are publicized.
Advice to contracting authorities during the procedure
As part of advice to contracting authorities during the procedure, we assist our clients in provision of answers to the suppliers’ questions, and work together with them on the analysis of applications for admission to the procedure and of bids. We also provide advice in the preparation of the award closing the procedure, discussing the proposed activities and reviewing relevant documents.
Advice to suppliers prior to filing an application or bidding
We work together with suppliers analyzing the content of the contract notice and the terms and conditions of the invitation for bids (SIWZ), to identify provisions that are disadvantageous to the supplier or illegal. We assist them in formulating questions about the SIWZ, in preparation of their applications for admission to the procedure and their bids. We review completed applications for admission to the procedure and bids, and review documents confirming compliance with the prerequisites for participation, to verify that they are correct.
Advice to suppliers during the procedure
We analyze the applications and bids of competitors; we provide advice on all other activities performed by the supplier, the contracting authority, and other participants of the procedure.
