We represent clients at various stages of the public procurement process: single-supplier procurement, assessing and challenging eligibility, clarifying the conditions of a tender and justifying of a abnormally low price, and increasing the price of a contract. We also advise clients that are on lists of unreliable and/or fraudulent suppliers.
IT public procurement requires knowledge of both public procurement law and the IT sector, as many of the terms and conditions of a tender relate to qualification requirements for various positions and other aspects of IT project development. Our expertise enables us to help our clients identify and argue against vague terms in procurement documents concerning the scope of the project, ergonomic requirements, applicable evaluation criteria, qualification requirements, pricing, the validity of the offer, performance security, and termination of the contract. In practice, projects are often protracted, so we help clients negotiate an increase in the contract price.
To avoid significant operational losses or the loss of rights to the product that has been developed, it is essential to assess whether the standard solution is not being exclusively transferred to the contracting authority, which is equivalent to moving the entire product. All of this can be addressed through legal risk management actions.
Our team of professionals also assists clients with identifying the risks involved in executing an IT project and analysing the possibilities of terminating a public procurement contract. Even if the grounds for contract termination are specified, they must be applied properly. Improper termination may result in the customer being considered in breach of the public procurement contract and possibly being placed on a list of unreliable suppliers. Our experience in the market allows us to protect our clients from these situations and design and implement a roadmap for a successful exit from an IT project.