Public procurement law and PPP-Projects
Boszko & Partners renders comprehensive advisory services to entities participating in public procurement contract award procedures and PPP projects.
Our experience (public procurement):
- Legal assistance for contractors, covering all stages of the public procurement proceedings, including complex legal services regarding tender documentation and legal regulations connected with the conducted proceedings,
- Verifying contract notices or Terms of Reference in terms of compliance with the Public Procurement Law Act, other commonly applicable rules of law, decisions of the National Chamber of Appeals and common courts,
- Determining the scope of necessary documents and statements to be submitted in the procedure and verifying their correctness prior to submitting an application or a bid,
- Preparing a bid or application and verifying them in terms of compliance with the requirements of the awarding entity,
- Drawing up and addressing questions in order to clarify the provisions of the Terms of Reference,
- Assisting in meetings with the awarding institution,
- Preparing appeals in the public procurement proceedings or complaint to the common court, and representing clients before the National Chamber of Appeals and before courts,
- Analysing appeals lodged in the public procurement proceedings by other contractors.
Our experience (PPP projects):
- Preparing analyses of undertakings carried out within the PPP / concessions with recommendation of the most optimal option of the undertaking in terms of law,
- Comprehensive advisory services at the stage of selecting the private partner / licensee,
- Preparing draft public-private partnership agreements and licence agreements,
- Assisting in contacts between a public institution and a private partner,
- Advising at the stage of fulfilling public-private partnership agreements / licence agreements,
- Legal advisory services in various aspects of private partner’s operation, including support in project financing and in contacts with financing institutions.
Selected projects:
- Legal advisory services to the Austrian company and consortium from the technology industry during the public procurement proceedings conducted by the State Treasury – the General Directorate for National Roads and Highways connected with the implementation of the electronic tolling system on highways and motorways in Poland,
- Legal advisory services to the American company from the technology industry within the public procurement proceedings conducted by Przedsiębiorstwo Państwowe “Porty Lotnicze” in connection with the project implementing the CUPPS/CUTE Platform,
- Legal advisory services to the Austrian and Polish construction company with regard to the agreement with the Province Roads Authority in Olsztyn within the public procurement proceedings regarding the construction of the national road in the north of Poland,
- Advisory services to the Canadian company – private partner in the first PPP project in Poland in the healthcare sector regarding the design, construction, equipment and financing of the regional hospital in Poland.
