Public investment law and public procurement
Public procurement law regulates how the state and other public institutions select suppliers who provide them with services, supplies, or construction work in a strictly formalized procedure. The rules apply to the entire spectrum of demand—from office supplies to IT, construction work, transport services, and large infrastructure and PPP projects. In the Czech Republic, this market accounts for approximately 12% of GDP.
Contracting authorities must comply with the Public Procurement Act and other legal regulations; otherwise, they face negative consequences (complications in the procurement procedure, corrective measures by the Office for the Protection of Competition interfering with the procurement procedure, or fines imposed by the Office). Suppliers also need to be familiar with the Public Procurement Act, as they will only be successful in the procurement procedure if, in addition to their expertise, they also master the complex procedural aspects of the procurement procedure.
Public support
State aid rules determine when and under what conditions public funds can be used to benefit businesses without distorting competition in the European Union's internal market. They apply to subsidies, tax breaks, guarantees, preferential loans, sales of assets below market price, and any other direct or indirect economic advantages for specific companies, and also include the process of notifying the European Commission of public support schemes, block exemptions, and the de minimis regime. Proper legal assessment is crucial both at the program design stage and during implementation.
Incorrectly set support may be declared unlawful and the recipient must return it, including interest; in addition, there is also a risk of project suspension, incurring ineligible costs, or significant reputational damage.
Administrative law and administrative justice
The above-mentioned areas of law and other areas of law in which we provide comprehensive legal services (e.g., energy law) are subject to supervision by administrative authorities (e.g., the Office for the Protection of Competition or the Energy Regulatory Office). Insufficient knowledge of administrative processes and procedures can complicate the implementation of individual client projects, whether it involves conducting a tender, obtaining a license for electricity production, or other activities subject to supervision by administrative authorities.
In the event of failure before administrative authorities, it is usually possible to file a lawsuit with an administrative court; we can also assist clients in this regard.
List of services
Public investment and public procurement law
We offer comprehensive legal services in the area of public procurement to both contracting authorities and suppliers:
- We will assess for you whether you meet the conditions of a public contracting authority, i.e., whether the rules for public procurement apply to you.
- We will analyze your specific plans from the perspective of whether they are subject to public procurement rules (vertical and horizontal cooperation, cooperation with developers, open- house cooperation, etc.).
- We will evaluate your specific requirements, prepare tender and contract documentation, and carry out the entire tender procedure for you.
- We provide contract management and change management services (including Section 222 of the Public Procurement Act).
- We will conduct audits of previously conducted tender procedures for you.
- We provide comprehensive legal advice to suppliers participating in tender procedures, including support in filing objections or proposals with the Office for the Protection of Competition.
Public support
We offer comprehensive legal advice on public support:
- We will assess the existence and compatibility of the aid with legislation and select the appropriate regime (GBER/de minimis/notification).
- We represent you in communication with the Office for the Protection of Competition in relation to resolving issues concerning public support.
- We represent you in proceedings concerning the notification of public support to the European Commission.
Administrative law and administrative justice
- We will represent you in administrative proceedings before the relevant state authorities, including the preparation of relevant submissions and the performance of acts in administrative proceedings.
- If necessary, we will represent you in proceedings before administrative courts.
In this area, we have already handled
Administration of a tender procedure for the supply of a new steam condensing turbine for a client in the energy sector
Representation of a client (in the position of contracting authority) in a public procurement procedure for the supply of new steam condensing turbine technology with a value of approximately CZK 500 million excluding VAT.
We prepared complete tender conditions for the client, including the contract, and implemented the entire tender process from its inception to its successful completion – the conclusion of the contract.
Administration of a tender for the construction of a new concert hall
Representation of a client from among municipalities and commercial companies established by them in a public procurement procedure with an estimated value of over CZK 2 billion excluding VAT, the subject of which is the construction of a new modern concert hall with advanced spatial acoustics.
As part of the legal services provided, we prepared the complete tender documentation, including the contract for work; we carried out the tender procedure to its successful completion and successfully represented the clients in administrative proceedings before the Office for the Protection of Competition.
Comprehensive legal advice on the award and subsequent implementation of a public contract for the construction of water supply infrastructure in accordance with the FIDIC model conditions
Legal services consist of comprehensive preparation of tender documentation and contractual documentation in accordance with FIDIC model conditions for the supply of a technological waterworks complex with an estimated value exceeding CZK 2 billion excluding VAT
As part of the services provided, we also assisted the client in resolving claims, variations, and overall contract management.
Legal advice to the client on the acquisition of new software for subsidy management
Legal services consisted of preparing comprehensive tender and contract documentation for the acquisition of software for subsidy management. An integral part of the tender procedure was the preparation of a comprehensive qualitative evaluation of the offered software and subsequent legal assistance to the evaluation committee in evaluating the submitted bids, including according to the proposed qualitative criteria.
Legal advice in connection with public support for a multifunctional hall project
The provision of legal services consisted of comprehensive advice on the project, including the preparation of highly erudite analyses of public support issues relating to the project; the preparation of a methodology for the public support notification process before the European Commission; and, last but not least, the representation of the client in the notification process before the European Commission.
Preparation of an analysis in the area of public investment (public support and public procurement) for a residential construction project
Preparation of a comprehensive legal analysis of issues related to public law aspects (public support, public procurement issues) of the intended cooperation between the municipality and a private investor ( , PPP project) in housing construction.
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