Public Procurement & Public Sector


Our Public Procurement and Public Sector law practice is very experienced; we have advised contractors and Czech and Slovak public authorities on a number of important public procurement projects and other related matters. Czech, Slovak and international companies appreciate the wide range of legal advice provided by our firm in this area.

Our team analyses  Public Procurement issues from various angles, leading to  our advice  being more rounded.

Public Procurement administration

We represent clients as contractual representatives in the administration of Public Procurement projects and ensure that all legal requirements in procurement procedures and for small-scale contracts are complied with. We prepare tender documentation, including contract drafts and business conditions. Our advantage consists of our strong experience with contractual agenda and we are therefore able to combine it with the formal procurement process. Following the preparation of tender documentation, we also ensure full communication with contractors and tenderers in accordance with applicable law, provide the necessary publications, process requests for explanations of tender documentation, supervise the entire procedure, including deadlines and manage the contracting authority’s profile. We ensure that the procurement documentation is administrated in a clear manner , which we hand over to the client after the end of the procedure for guidance in the event  of future inspections of the procurement procedures process.

Particular consultancy in connection with administration of Public Procurement

We advise on the complex issues that arise out of public procurement procedures that clients cannot solve on their own. Even here, we help our clients find practical solutions and ways to minimise risk.

Template documentation

We also prepare, and deal with subsequent revisions to, template documentation for the administration of tender or selection processes.

Preparation of a tender in a tender procedure

Our clients also often look for our services if they participate in significant procurement procedures. In such a case, our clients want to ensure that their tenders contain all the necessary documents and information and are drawn up in accordance with the requirements of the tender documentation. Thanks to our services, clients can rest easy in the knowledge that their participation in the tender will not be endangered by any formal mistakes. We provide similar services to clients if they submit a joint tender with another party or as a subcontractor. In such a case, we also assist in negotiating the parameters of the relationship between the co-tenderers.

Remedies in the tender procedure

To our clients, in the position of participants in the proceedings, eventually as suppliers, we assist in submitting requests for explanations of the tender documentation, in filing objections against the actions of the submitter, when applying other remedies or when communicating with the submitter within the framework of the procurement procedures.

Counselling in connection with adhering Competition rules

We also provide advice on issues arising from Competition rules (for example, bid rigging), both to contracting authorities and contractors in administrative and judicial proceedings.

Analyses and opinions on Contract issues

In practice, we often advise on cases where our clients, in the position of contractors or participants in tendering procedures, consider other options for proceeding in tender matters, such as submitting a request for explanations of tender documentation, objections or administrative actions. Our assessment often helps our clients to evaluate the fate of their submission, their chances of success (e.g. with regard to past decision-making practice), the time horizon of the planned steps and the costs involved. We are also approached by entities from the ranks of submitters, which similarly need to evaluate the appropriate procedure in the procedure (e.g. exclusion of the submitter, call for clarification of the offer, risks of concluding the contract, etc.). We also advise on later stages of disputes, including court proceedings.

Cooperation after the supplier selection and the conclusion of the contract

We assist clients after the end of the Procurement Procedure, especially during audits of supervisory authorities or necessary changes to the contract for the completing the Public Procurement, or in dispute resolution between the parties in the completing of the contract.

Subsidy counselling

We advise private sector entities looking to obtain subsidies on the administration of selection and tender procedures in accordance with applicable legislation and guidelines and rules of subsidy providers. We mediate assistance in connection with the submission of a subsidy application and, last but not least, we advise eventually on defences in case that the subsidy body decides on the withdrawal or reduction of a subsidy.

Representation in proceedings

We represent clients in administrative and judicial proceedings, whether they are proceedings conducted by the Department for the Protection of Competition or courts. We evaluate the risks associated with litigation.

Training and preparation

We train employees to understand well the job description and the obligations that arise in connection with work for a public entity or in connection with a procurement agenda.

Legislative activity

Daniel Weinhold, managing partner of law firm Weinhold Legal, has been involved in various legislative initiatives in the field of public procurement. He chairs the Expert Group of the Platform for Transparent Public Procurement, set up in 2010 by all leading political parties, relevant public institutions and business associations, with the aim of increasing the transparency and efficiency of public procurement. He is also a member of the Expert Group on Public Procurement of the Ministry of Regional Development.

Publishing and lecturing activities

We are actively engaged in publishing and lecturing activities. We publish our own bimonthly newsletter, which informs about news in the field of public procurement, we organize webinars and seminars. In cooperation with legal dailies and legally focused web portals, we publish a number of articles devoted to this issue.

See our Public Procurement/Public Sector credentials.

Should you be interested in our Public Procurement/Public Sector services do not hesitate to contact us.


Martin Lukáš

Mgr. Ing. Martin Lukáš

Partner

Tel.: +420 225 385 578
Email: martin.lukas@weinholdlegal.com 



Mgr. Bc. Tereza Hošková

Attorney-at-Law

Tel.: +420 225 385 106
Email: tereza.hoskova@weinholdlegal.com



Mgr. Monika Skálová

Attorney-at-Law

Tel.: +420 225 385 380
Email: monika.skalova@weinholdlegal.com

Weinhold Legal - Česká republika