Public procurement

In the area of public procurement, we provide comprehensive legal advice to contracting authorities and contract bidders in all phases of the procurement process, including related proceedings before the Office for the Protection of Competition and the courts. Our legal services for contracting authorities include consultation regarding selection of the best method for awarding public contracts, comprehensive preparation of procurement terms, including preparation of relevant contractual documentation, support during the whole procurement process, and assessment, including negotiations with suppliers. During preparation of the procurement terms, we always take into account the specific characteristics of the sector for the supplied commodity, including the aspects of any unlawful state aid.

We assist suppliers in preparing their bids for procurement procedures and in exercising their rights in the event of uncertainties relating to the procedures of the contracting authorities, including their representation in opposition proceedings as well as in related proceedings before the Office for the Protection of Competition and the courts.

In the area of public procurement, we provide the following services in particular:

  • Preparation of procurement terms, including template contractual documentation, preliminary market consultation
  • Ongoing advice during the procurement process
  • Preparation and completion of bids
  • Drafting objections and proposals for the Office for the Protection of Competition
  • Representation in proceedings before the Office for the Protection of Competition and courts in relation to procurement procedures
  • Consultation in relation to compliance with the rules of competition as a part of procurement procedures

We have already assisted clients with the following:

Representing a party in an energy industry tender

Representing a client (foreign supplier) in the process of public procurement for the supply of a major technological unit in the field of energy with a contract value of several millions of euros.

Comprehensive advice to a contracting authority

Representing a contracting authority (on a municipal level) in preparing a public contract for the supply of heat for a specific territory.

Representing suppliers during negotiations on a change in procurement terms

Representing a group of suppliers during the negotiation of changes to the terms of fulfilling a public contract due to unexpected and unpredictable circumstances caused by the COVID-19 pandemic.

Advice relating to the preparation of tender documentation

Providing legal advice to an athletic club as the contracting authority for a public contract consisting of preparing all related documentation.

Representation in proceedings before the Office for the Protection of Competition

Legal advice to a major publisher of regional and metropolitan press as a part of proceedings on awarding public contracts, including defence against the unlawful procedures of a contracting authority and representation in proceedings before the Office for the Protection of Competition.

Advice relating to preparation of a bidder’s offer

Legal advice to a Czech company bidding on a public contract concerning the operations and maintenance of distribution networks and transmission grids – preparation of company agreements, sub-supplier contracts, and agreements related to submitting a joint bid by more than one supplier.