We handle public procurement matters on both sides of the procedure — representing contracting authorities and contractors. Our support covers everything from preparing documentation, examining and evaluating tenders, and filing appeals with the National Appeals Chamber to contract settlement and subsequent audits.
Public procurement is the Law Firm's leading area of expertise. Our knowledge of the Polish Public Procurement Law (PZP) comes from practical experience gained in hundreds of procedures — from medical equipment supplies and construction works to IT services and utilities sector contracts.
Legal Advisory for Contracting Authorities
Contracting authorities are responsible for the procurement procedure from the initial decision to launch it through to the final settlement of the contract. We prepare and review tender documentation: procurement specifications together with draft contracts, descriptions of the subject matter of the contract, conditions for participation, tender evaluation criteria and grounds for exclusion. We advise on the choice of procedure — from open tenders and the basic procedure, through negotiations and competitive dialogue, to single-source procurement, which requires particularly careful justification. We assist with clarifications of procurement specifications, examination and evaluation of tenders, including the assessment of documents confirming eligibility, requests for explanations concerning abnormally low prices, and the selection of the most advantageous tender. We also respond to questions that arise after tenders have been opened and require decisions within hours.
Support for Contractors — From Tender Notice to Contract Signing
Most opportunities to win a public contract are determined before a tender is submitted. We analyse procurement documents to identify real risks: impossible-to-meet participation requirements, disproportionate evaluation criteria, descriptions of the subject matter favouring a particular manufacturer, and contractual provisions transferring risks beyond the contractor's control. We challenge such provisions before they prevent you from competing for the contract. We assist with forming consortia, relying on the resources of third parties, subcontracting and compiling eligibility documentation. We also advise foreign contractors entering the Polish public procurement market.
Appeals to the National Appeals Chamber and Complaints to the Public Procurement Court
Legal remedies in public procurement are subject to extremely short deadlines — missing a deadline by even one day results in an appeal being rejected without examination of its merits. We prepare and file appeals with the National Appeals Chamber (KIO), submissions to join proceedings on the side of the contracting authority or contractor, responses to appeals, and complaints to the public procurement court. We represent clients at hearings before the Chamber. Before filing an appeal, we carefully assess its prospects of success.
Contract Performance: Amendments, Price Adjustments and Settlements
A public contract does not end when it is signed. We advise on permissible contract amendments, adjustments to remuneration following increases in material and labour costs, settlements with subcontractors, contractual penalties, acceptance procedures and termination of contracts. We prepare requests for contract amendments together with justifications that contracting authorities can defend during audits, as well as litigation submissions in payment disputes. We represent both parties in court disputes arising from the performance of public contracts.
Audits, Inspections and Public Finance Discipline
We represent contracting authorities during inspections conducted by the President of the Public Procurement Office, managing and intermediate authorities responsible for EU-funded projects, the Supreme Audit Office, regional chambers of audit, and in proceedings before public finance discipline officers. We prepare objections to inspection findings and submissions in cases involving financial corrections, which can consume a significant portion of project funding. We also conduct audits of procurement procedures and provide outsourced procurement services for organisations that do not maintain their own tender departments.
Public Procurement Law – Legal Advice and KIO Appeals - Styczynski-Keller
