TADEO Law Office can offer legal advice, solutions, drafting legal documents and representing legal interests before different authorities. The process of challenging public procurement requires taking several sequential steps in the procedure of various applications and documents, the most correct way of dealing with which is entrusting it to a professional lawyer.
Our lawyers can assist you in the process of challenging public procurement by providing the following legal services:
- legal advice during the public procurement;
- drafting letters, applications, explanations for the organisers of the procurement procedure;
- drafting the application for challenging public procurement for filing with the Procurement Monitoring Bureau (IUB);
- drafting the application for challenging public procurement that had taken place for filing with the court;
- representing legal interests within the administrative proceedings.
Public procurement or tenders are governed, inter alia, by the Public Procurement Law, the purpose of which is to provide for transparency of procurement, free competition of suppliers as well as equal and fair attitude towards suppliers, and effective use of the customer’s funds by minimising risks as much as possible.
When participating in procurement, the companies often face various problems, such as unclear conditions specified in the Rules, requirements included in the procurement documentation that restrict the rights of the company, or where other administrative violations are established. Thus, there is a possibility to make objections and request explanations about the documents included in the Rules already during the procurement procedure, as well as challenge the procurement procedure itself.
In order to challenge a public procurement, the business must file an application with the Procurement Monitoring Bureau (IUB), which implements the public procurement revision procedure to provide for post-verification of legality of decisions adopted by the organisers of procurement. There is also a possibility to appeal the procurement procedure in the procedure of administrative proceedings.
Why is legal support required during the public procurement procedure?
To facilitate fair progress of the procurement procedure, legal advice already during the procurement procedure helps in understanding the chances of the company, whereas letters and explanations may be prepared within the scope of legal assistance, which substantially affect the possibilities for the company to win the procurement as well as help ensuring that the company will not suffer losses in future in relation to performance of conditions included in the procurement agreement.
For the effectiveness of the process of challenging public procurement, legal assistance provides correctly drafted applications and submissions not only to the Procurement Monitoring Bureau, but to the court as well, which clearly increases chances for fair progress of public procurement.