Contractors preparing a bid
Review of the documentation and the conditions for participation, questions to the contracting authority, verification of the completeness of the bid, and the proper reservation of trade secrets.
Matters we help with
- Review of the procurement documentation, including the terms of reference
- Support in preparing the bid and verifying its compliance
- Representation in appeal proceedings before the National Appeal Chamber (Krajowa Izba Odwoławcza, KIO)
- Questions to the contracting authority and requests for clarification of the documentation
- Assessment of compliance with the conditions for participation and the grounds for exclusion
- Explanations concerning an abnormally low price
- Reserving trade secrets within a bid
- Consortia and relying on the resources of third-party entities
- Complaints to the court against rulings of the National Appeal Chamber
- Public procurement contracts - review of the draft, contract amendments, contractual penalties and settlement of performance
Support on the contractor's side
Contractors challenging the contracting authority's actions
An appeal to the National Appeal Chamber, representation at the hearing, and a complaint to the court against the Chamber's ruling.
How we work together
01
Contact
Phone or form. Please provide the procedure reference number and the date you received information from the contracting authority - deadlines run from that date.
02
Review of the documentation
Review of the terms of reference, the notice and correspondence with the contracting authority, and an assessment of the merits of the objections and the options available.
03
Acting in the procedure
Preparing questions, explanations or an appeal, and representation before the National Appeal Chamber and the court.
Frequently asked questions
Within what time limit can an appeal be lodged with the National Appeal Chamber?
The time limits are short and are counted from the date on which information about the contracting authority's action was communicated - usually five days in procedures below the EU thresholds, and ten days above the thresholds, though the method of communicating the information affects the length of the time limit. Missing the deadline results in the appeal being rejected, so please contact us as soon as you receive information from the contracting authority.
Does an error in a bid always mean it will be rejected?
Not every irregularity is irremediable. The regulations provide for a request to submit, supplement or correct documents, as well as the correction of obvious clerical errors, obvious arithmetical errors and other errors consisting in a discrepancy between the bid and the procurement documents, provided these do not cause material changes to the content of the bid. However, the limits of these steps are strictly defined, so assessing whether a given defect can be remedied requires an analysis of the procurement documentation.
What is an abnormally low price, and how should you respond to it?
If the price of a bid raises doubts as to whether the contract can be performed, the contracting authority calls on the contractor for an explanation, and the burden of demonstrating that the calculation is realistic rests with the contractor. The explanations should be specific and supported by evidence. We help prepare the response, and can also challenge the selection of a competitor's bid where the explanations it provided are insufficient.
Can information contained in a bid be reserved as a trade secret?
Yes, but only together with the submission of the bid and after demonstrating that the information to be reserved meets the statutory requirements for a trade secret. A mere statement is not enough - a justification is required showing the economic value of the information and the protective measures taken. An ineffective reservation means the documents will be disclosed to the other contractors.
How much does the first consultation cost?
The initial consultation (up to 60 minutes) costs PLN 300 net. During the meeting, the advocate reviews your situation, answers your questions and sets out the possible next steps and the terms of any further cooperation. More about the first meeting
This content is provided for general information only and does not constitute legal advice.