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\ services Public Procurement

Public procurement has always been at the heart of Maruta & Wachta. The public procurement team prides itself on its experience and expertise. We provide comprehensive legal advice both to public authorities, utilities and companies seeking to contract with them.
We assist our clients through the whole process of tender procedure from the drafting and preparation of the Specification of Contract Basic Terms and Conditions (SIWZ)/tender offers to dispute resolution and litigation. Our significant understanding of the technical aspects helps us to assist our clients in handling procurement and tendering processes of the ICT solutions. We have also built up extensive experience in public procurement projects in the energy and construction sectors.

For many years, we have been negotiating on behalf of our clients and representing them before the public tender authorities and in the appeal proceedings before the National Chamber of Appeals (KIO). We help our clients to resolve public procurement disputes concerning the performance of agreements under the public procurement regime. We assist our clients on the business process management matters, especially where the public procurement rules apply. In recent years, we have participated in the creation of few shared service centres and designed public utility transactions models.

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For the contracting authorities/entities:

  • providing advice on the best course of action to be taken in matters relating to the tender,
  • verification of the substantive and subject-matter requirements with regard to their compliance with public procurement laws and sector-specific regulations,
  • legal proceeding preparation (submission for tenders, formal terms of reference, including a contract template or an IPU),
  • assisting through the whole process of tender procedure from drafting and preparation of the Specification of Contract Basic Terms and Conditions (SIWZ)/invitation to tender (including standard form contracts and IPU), to representing before public tender authorities and in the appeal proceedings before the National Chamber of Appeals (KIO),
  • providing legal support in procurement disputes and litigation regarding damages sought by the contracting authority/entity from the contractor.

For the contractors:

  • preparation of tender applications or offers,
  • drafting of tender dossier and consortium agreements,
  • verifying the applications and competitive bids in terms of its compliance with the formal and legal requirements,
  • lodging legal remedies (appeals, complaints and protests/semi-protests),
  • representation before public tender authorities and in the appeal proceedings before the National Chamber of Appeal (KIO),
  • providing legal support in procurement disputes and litigation in regard to damages sought by the contractor from contracting authority/entity.