Public procurement

Even though the procedures conducted in accordance with the Public Procurement law are very often applied, one needs to keep in mind that they are fairly complex and strictly formalised. For that reason the entities involved in such procedures must be particularly careful when analysing their actions from the perspective of what is permitted by law and what is not. Our aim is to provide support to the awarding entities and economic operators by mitigating the legal risks attendant upon following the public procurement procedures.

The specialists of Deloitte Legal, Pasternak i Wspólnicy Kancelaria Prawnicza sp. k. have successfully participated in dozens of public procurement projects, rendering legal services all throughout the tender process.

In response to our Clients’ needs, Deloitte Legal office would like to offer comprehensive legal services in the cope of the public procurement law, both to the awarding entities and the economic operators.

Support to economic operators

Our lawyers provide solid legal support to the economic operator during all stages of performing the contract with a view to ensure compliance with the law and availability of business benefits that the Client may expect. We offer the following assistance to economic operators:

• Deloitte Legal will verify in detail the terms of reference and public procurement contracts from the perspective of the potential legal exposures.
• Our law office will support the economic operator in preparing the tender documentation, in ensuring full compliance of such documentation with the formal requirements of the procedure and in adhering to the prescribed timeframes.
• In addition, our law office will provide comprehensive legal services in the scope of representing the Client in the tender procedure as far as negotiations are concerned, insomuch as the negotiations are conducted through correspondence with the awarding entity and preparation of legal opinions as regards material issues arising in the course of the procedure.
• If required, Deloitte Legal is ready to initiate the appellate procedure by preparing the appeal and further documents.
• Acting for the Client, our lawyers will effectively represent the Client’s interests before the National Appeal Chamber (KIO) and courts.
• Deloitte Legal specialists will devise a strategy for protection of the Client’s interest based on a thorough examination of the regulations of the law, professional literature as well as court and KIO’s jurisprudence.

Support to awarding entities

Deloitte Legal, Pasternak i Wspólnicy Kancelaria Prawnicza sp. k. has provided advisory services to public institutions under contracts related to teleinformation products. We realize that the awarding entity plays the central role in the contract award procedure. Thus, we offer the following comprehensive services to awarding entities:

• Our law office will draw up a comprehensive opinion presenting the available tender procedures, will indicate their pros and cons and recommend the procedure that best suits the Client’s requirements.
• The opinion will focus on selecting the processes that best reflect the nature of the intended investment from the legal viewpoint.
• Afterwards, Deloitte Legal will provide complete assistance to the Client in preparation of the terms of reference, taking into account the most important needs of the Client and the characteristics of the market for specific products or services; Deloitte Legal will also verify, in consultation with the awarding entity, the required contract notices. 
• Deloitte Legal will prepare both the terms of reference and a draft public procurement contract (usually attached to the terms of reference) keeping in mind the awarding entity’s security and the competitive power of the project.
• Deloitte Legal will provide assistance in correspondence with the bidders (notices, explanations, etc).
• When tenders are submitted, Deloitte Legal will be involved in evaluating the requests to participate in the procedure or the tender proposals from the perspective of their compliance with the terms of reference and regulations of the law.
• During appellate proceedings, Deloitte Legal will assist with preparation of the required writs and representation of the awarding entity before the National Appeal Chamber and courts. In this regard Deloitte Legal will devise an optimum strategy for protection of the Client’s interest based on a thorough examination of the regulations of the law, professional literature as well as court and KIO’s jurisprudence.
• All throughout the engagement Deloitte Legal, Pasternak i Wspólnicy Kancelaria Prawnicza sp. k. will collaborate with other Deloitte departments employing best specialists in project management and preparation of descriptions of the objects of contracts.

If you decide to use our services, you can expect:

• A comprehensive analysis of the legal aspects of the tender procedure, from the perspective of both the awarding entities and the economic operators;
• Identification of the legal hazards of the public procurement transactions;
• Considerable increase of the legal security of the public procurement projects;

Why are we different?

• We have comprehensive knowledge and expertise;
• We provide top quality services tailored to individual Client’s needs;
• We are genuinely open to the expectations of our clients;
• We give commitment to our work;