Public Procurements

Public procurements are one of the main forms of cooperation between public and private partners with the purpose to ensure efficiency in the spending of budgetary and extra-budgetary funds, as well as of funds related to the performance of certain public activities. In order to achieve this purpose the Public Procurement Act (the PPA) envisages numerous formal requirements and strict procedures. The compliance with these requirements and procedures and the achievement of successful results when participating in public procurement procedures require qualified legal services. Moreover, following to the accession of the Republic of Bulgaria to the European Union, a significant number of public procurements are financed under the approved for Bulgaria operational programmes with their own specifics, additional rules and requirements.
 
In this regard, the provided by us legal services include comprehensive legal assistance to our clients upon conducting of or participating in public procurement procedures, in particular:
 

  • Preparation and/or verification of public procurement notices, tender documentation, samples of declarations and other documents, related to the public procurement procedures;

  • Complete analysis of the requirements of the contracting authorities in announced public procurement procedures and legal advice to our clients regarding the options for participation;

  • Legal advice and assistance in determining the form of participation in the relevant public procurement procedure with respect to the specific requirements of the contracting authority;

  • Preparation and verification of the complete sets of documents, required for participation in the relevant public procurement procedure, including requests to participate, tenders, declarations, evidence of the economic and financial standing and/or technical and professional ability, etc.;

  • Assistance upon participation in the relevant public procurement procedure, including communication with the contracting authority, requests for additional information on the tender documentation and representation in negotiations in cases of negotiated procedures;

  • Legal analyses and statements on the proposed by the contracting authorities drafts of public procurement contracts;

  • Assistance in obtaining the necessary documents for participation in the public procurement procedure and for signing of the public procurement contract;

  • Assistance in performance of public procurement contracts, including Plant and Design-Build Contracts (Yellow FIDIC), Construction Contracts (Red FIDIC) and Client/Consultant Model Services Agreement (White FIDIC);

  • Assistance in accounting and tax treatment of the performed works/services and received payments under the signed public procurement contracts, including when the contractors are foreign entities, civil partnerships or consortia;

  • Legal advice and litigation in procedures for appealing against decisions, actions or omissions of the contracting authorities before the Commission for Protection of Competition (CPC) and the Supreme Administrative Court (SAC) of the Republic of Bulgaria;

  • Legal advice and litigation in the procedures for appealing against penalty orders for administrative violations of the Public Procurement Act (PPA).

  • Legal assistance and litigation before the administrative (managing) authorities and the courts in procedures for imposing financial corrections for irregularities on public procurement contracts, financed under the operational programmes by the EU funds.