Právne služby pri verejnom obstarávaní

Verejné obstarávanie predstavuje proces, resp. určuje zákonné pravidlá a postupy, ktorými sú zadávané zákazky alebo koncesie, prípadne súťaže návrhov, pričom hlavným účelom verejného obstarávania je zabezpečiť transparentnosť, hospodárnosť a otvorenosť postupov verejného obstarávania, a umožniť hospodárskym subjektom ponúknuť svoje služby a tovary na celom území Európskej únie.

Právne poradenstvo a služby poskytujeme nielen pre verejných obstarávateľov a obstarávateľov, ale aj pre záujemcov (uchádzačov) o verejné zákazky (zákazky).

Under the current legislation, to award public contracts, public contracting authorities, contracting entities and any subsidised entities must follow the legal rules on public procurement.

Public Contracting Authority

Under the current legislation on public procurement, a contracting authorities means:

  1. the Slovak Republic, represented by its bodies and authorities
  2. a municipality (a city, a town, a community)
  3. a higher territorial unit (a self-governing region)
  4. a legal entity which is established or founded for a special non-industrial or non-commercial purposes to serve the needs in the general public interest, and which is fully or mainly financed by a public contracting authority under points 1 through 4, is controlled by a public contracting authority under points 1 through 4, or a public contracting authority under points 1 through 4 appoints or elects more than a half of the members of its management or supervisory body

Contracting Entity:

Under the current Act on Public Procurement, a contracting entity is:

  1. a legal entity, in which a public contracting authority has direct or indirect decisive influence by virtue of an ownership title, financial participation or the rules which govern it, and which carries out at least one of the following activities:
    • activities in the thermal and electric energy sector pursuant to the Act on Public Procurement
    • activities in the water sector pursuant to the Act on Public Procurement
    • activities in the transport sector pursuant to the Act on Public Procurement
    • activities in the postal services sector pursuant to the Act on Public Procurement
    • activities relating to the use of a geographically defined territory for the purpose of oil and natural gas extraction, prospecting deposits of coal or other solid fuels, or coal mining or extracting other solid fuels, operation of public airports, seaports, inland ports or other terminal facilities for carriers by air, by sea or in inland navigation
  2. a legal entity carrying out at least one of the above activities on the basis of special rights or exclusive rights

Subsidised Entity

Under the current Act on Public Procurement, a subsidised entity means a person who is not a public contracting authority or a contracting entity and has received from a public contracting authority more than 50 % of the funds to deliver the goods, to carry out construction works, and to provide services.

Services for public contracting authorities and contracting entities

We provide comprehensive services to clients from among public contracting authorities and contracting entities. We implement the public procurement process in such a way that in the end the public contracting authority / contracting entity is happy, having chosen the best of the options. The entire process of public procurement is conducted in a transparent, legal, economical, efficient and professional manner.

  • consultations with the public contracting authority / contracting entity

    planning for the procedures and time limits

    scoping to analyse the subject-matter of the contract

    description of the contract's scope in cooperation with the client

    development of procurement documents

    drafting the contract in cooperation with the client

    preparation and submission of notices for publication as used in public procurement / contract award

    defining the conditions for participation in cooperation with the client

    defining the evaluation criteria in cooperation with the client

    opening and evaluation of tenders

    communication with candidates in the public procurement / contract award

    dealing with review procedures

    concluding the contract in cooperation with the client

    processing the documentation for the public procurement / contract award

    submission of full documentation for the public procurement / contract award

    awarding contracts using the electronic marketplace – EKS (Electronic Contracting System)

    maintaining the profile of public contracting authority / contracting entity

    uploading documents to the public contracting authority's / contracting entity's profile

In cooperation with the client, we will fully manage the process of the client's public procurement / contract award, including the following activities:

full support for the planning and implementation of public procurement

implementation of individual public procurement / contract award processes in accordance with the applicable legislation, meeting the client's needs

protection of the interests of the client in review procedures before the Office for Public Procurement and any other litigation concerning its public procurement

  • expert advice in public procurement / contract award through expert opinions and analyses on practices in public procurement

    preparation of expert opinions and analyses on the interpretation of the provisions of the current public procurement legislation

    ongoing monitoring of new legislation and decisions of the Office for Public Procurement

Services for candidates / applicants

We provide the following scope of services to clients who are candidates/applicants for public contracts or other contracts:

  • monitoring the calls for tenders announced in national and European official journals

    recommendations to participate in the current procurement / contract award calls taking into account the client's line of business

  • assisting tenderers in the preparation of a tender (a bid)
  • clarifying the conditions of participation and contract specifications
  • preparation of the individual parts of a tender
  • completeness check of a tender in terms of content and formal requirements
  • final inspection of a tender

  • professional support for tenderers in the application of review procedures
  • assisting a tenderer in the proceedings against a public contracting authority / contracting entity before the Office for Public Procurement

analysis, checking the compliance with the law, preparing documents

  • assessment of the legal obligation to register in the Register of Public Sector Partners free of charge

    submitting an application for registration in the Register of Public Sector Partners

    filing a complaint against refusal to register a public sector partner

    submitting an application for registration of changes to information entered in the Register of Public Sector Partners

    filing an application for deletion of an authorised person from the Register of Public Sector Partners

    advice to public sector partners

    full range of activities of the authorised person for entities that are partners of the public sector, in accordance with the Act. 315/2016 Coll. on the Register of Public Sector Partners and amending and supplementing certain acts

    monitoring and alerting for legislative changes to the Register of Public Sector Partners.

    assessment of an ultimate beneficial owner in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and in accordance with the law on prevention of legalisation of proceeds of criminal activity

    requesting the necessary certificates for registration on the list of economic operators from the competent authorities

  • preparation of expert opinions and analyses relating to procedures in public procurement

    preparation of expert opinions and analyses on the interpretation of the provisions of the Public Procurement Act

    monitoring of new legislation and decisions of the Office for Public Procurement