Public Procurement Law
Public procurement is an important part of business for many economic operators entering into business relations with the contracting authorities. Our law firm, with many years of experience in this field, offers counselling services to both contracting authorities and tenderers, and provides a fast and professional response based on the applicable law, taking into account the practice developed by the National Review Commission and the Court of Justice of the European Union.
Our experts participate in larger public procurement trainings and events, where they act as program managers, moderators or lecturers. They also participate as trainers at the Administrative Academy (Upravna akademija). Further, we prepare and conduct workshops and professional trainings for tenderers and contracting authorities with emphasis on the practical aspects of the awarding of public contracts. We are also active in the field of written contributions, as our experts are authors of numerous articles, a commentary and a manual in the field of public procurement.
In their daily work in the field of public procurement, our attorneys and consultants also use the IUS INFO database – cores of decisions of the National Review Commission.
Advising contracting authorities:
We advise contracting authorities throughout the entire public procurement procedure – already from the moment of identification of the contracting authority’s needs – in order to properly form the subject of public procurement, select the appropriate public procurement procedure, ensure the necessary publications and provide explanations to potential tenderers. Close cooperation with contracting authorities and their professional services significantly contributes to the creation of procurement documentation that will ensure the selection of a qualified tenderer – later contractual partner of the contracting authority. We also pay special attention to the drafting of the contract, which is essential in the implementation phase. Further, we advise in the phases of opening of the applications or tenders, possible negotiations, review and evaluation of tenders, supplementation of tenders, all until one of the contract award decisions as provided by law is issued. We also advise in possible pre-review procedures, where the contracting authority acts as the first-instance authority.
We cooperate with tenderers in all phases of public procurement. For the tenderers, already the phase of preparation of the application or tender is very important, since by composing and submitting an admissible tender they will be able to compete for the acquisition of the job. Therefore, we advise tenderers with regard to the fulfilment and proving of individual conditions and requirements of the public contract, as well as with regard to drafting of the questions on the public procurement portal (Portal javnih naročil) in cases when the contracting authority with its conditions prevents the tenderer from taking part in the public contract or when the need for clarification of individual provisions occurs. Further, we advise tenderers on all other actions in the public procurement procedure and represent them at openings of tenders, accesses to tenders, submissions of review claims, appeals. The responsiveness and expertise we provide are very important in this regard, since procurement procedures are subject to extremely short deadlines and other procedural peculiarities that need to be taken into account in order to address the substance of the alleged infringements – be it in the phase of challenging the procurement documentation, contract award decision or other unlawful conduct by the contracting authority.