Public procurement in Poland
The public procurement team at Clifford Chance has solid expertise in EU procurement law, which is bolstered by the firm's highly regarded litigation and dispute resolution department. The group advises clients on all aspects of public procurement including handling all stages of public procurement proceedings. In particular, it regularly drafts procurement contracts, as well as representing clients in EU treaty compliant proceedings and before the National Chamber of Appeal, district and arbitration courts. In one standout matter, the group represented Orange Polska in two contract award proceedings related to the Digital Poland Operational Programme, successfully persuading the Digital Poland Project Centre to award contracts to the client. Public procurement and state aid expert Piotr Bogdanowicz heads up the department.
Acapela Group Babel Technologies
European Investment Bank
- Advising Polskie LNG on the process of expansion of the LNG terminal in Świnoujście.
- Represented Orange Polska in two contract award proceedings within the framework of the Digital Poland Operational Programme.
- Represented Pfizer in public procurement proceedings for the supply of a pneumococcal vaccine to the Ministry of Health and in proceedings before the National Chamber of Appeal against the Ministry of Health.
CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
The group at CMS has a high level of knowledge of public procurement work, with an additional niche in the competition aspects of procurement contracts in the public sector. The group has expertise in domestic and EU-level procurement law, and assists clients throughout the tender process, providing public finance law advice, civil and commercial law services, as well as advice on state aid and contentious matters. Małgorzata Urbańska heads up the public procurement and competition groups, while Marcin Bejm leads on infrastructure and project finance issues.
‘A team with extensive experience, multi-industry (public procurement law, financing, PPP, infrastructure), which allows you to look more broadly at the issues being the subject of analysis.‘
‘Małgorzata Urbańska is very solution-oriented.‘
‘The head of infrastructure practice, Marcin Bejm, has extensive knowledge supported by many years of experience. Despite being a partner, he is always available to clients and keeps his commitments on time.‘
EEW Energy from Waste Poland
European Investment Bank (EIB)
Fundusz Inwestycji Samorządowych FIZAN
Fundusz Sektora Mieszkań dla Rozwoju FIZAN
Górnośląskie Towarzystwo Lotnicze
Polish Development Fund (Polski Fundusz Rozwoju)
Polskie Sieci Elektroenergetyczne
- Advised Bombardier Transportaton on day-to-day strategic matters related to the company’s participation in tenders for rail control equipment.
- Advising Terumo Europe on the public procurement aspects of its Polish operations.
- Advising IBM on the public procurement aspects of its Polish operations including its participation in a tender for business continuity services for a key IT system supporting social security handling.
Key sectors for Dentons are transport and energy, and the team has vast experience in advising private sector clients on large tenders for the delivery of services. The team is also adept at handling procurement proceedings, both representing clients in the National Appeal Chamber and in court proceedings. The department is led by Aldona Kowalczyk, who also co-heads the firm's European public procurement and government contracts group. Promoted to managing counsel in early 2019, Anna Szymańska leads the defence and security group, and represents bidders and awarding entities in contentious matters, as well as advising on non-contentious defence sector procurement issues.
‘Very high level of commitment, availability, high competence.‘
‘Very good knowledge of public procurement law in Poland and vast experience in the subject matter.‘
‘What makes it unique is: quality, availability and response time and multidisciplinary team ready to support project on different levels. Additionally impressing industry market experience is a huge added value in many cases driving business decisions into the right direction.‘
Miejskie Zakłady Autobusowe in Warsaw (MZA)
- Advised the Warsaw Bus Company (Miejskie Zakłady Autobuse w Warszawie – MZA) on a tender worth €93m for the supply of 130 low-floor articulated electric buses. The tender marks the largest purchase of sustainable vehicles for public transport in Europe to date.
- Advised Solar Turbines Europe on a tender for the supply and maintenance of a set of compressor units for three gas compressor stations (Goleniów, Gustorzyn and Odolanów) in the Baltic Pipe project.
- Advised Stadler Polska on a framework agreement for the supply of 71 train units for regional railway connections operated by Koleje Mazowieckie (Mazovia Region Railways).
Domanski Zakrzewski Palinka's team has experience advising public and private sector clients on procurement proceedings and strategy and risk management. It is also regularly instructed in procurement proceedings before the National Appeal Chamber, as well as advising on the application of remedies. On the advisory front, the group advises on the performance and execution of procurement contracts, as well as issues relating to competition law. Katarzyna Kuźma is the practice head and specialises in Polish and EU procurement law.
‘We appreciate their dedication and responsiveness. Each time we face a problem together, we know that together with the firm we will find the best solution possible.‘
‘The team is the best team we’ve worked with so far. Each time they have the right ideas and helps in the selection of strategies in difficult situations.‘
‘They know first hand all the stages of public procurement, from pre-qualification to KIO challenges and further on. Unlike large international firm, they offer very reasonable rates and this, jointly with their experience, makes it an excellent value for money.‘
TM. E.S.P.A. – Termomeccanica Ecologia
Astaldi Oddział w Polsce
Merdiam and Urbaser
Balzola Polsk and Construcciones y Promociones Balzola
The Ministry of Development and the City of Kraków
DSV Air & Sea
Grupo Rover Alcisa
- Advised Astaldi on its participation in a waste management system project for the Tri-City Metropolitan area and representing it in proceedings before the national appeal chamber and regional court in Szczecin in a procedure to select the contractor for the construction of a road between Uznam and the Wolin islands.
- Advising Porr on its participation in the 142 Katowice Ligota-Tychy detour line project, and representing the client in an appeal against the outcome of a procedure to construct the head office of the Christian Theological Academy.
- Advising Balzola Polska and Construcciones y Promociones Balzola on a project to reconstruct a tram line in Poznan and represented it in a dispute over construction work for the upgrade of infrastructure in Chorzów.
The public sector, public-private-partnership (PPP) and infrastructure team at Hogan Lovells (Warszawa) LLP advises public entities including the Ministry of Investment and Development and General Agency of National Roads and Motorways, private partners and concessionaires on the spectrum of infrastructure projects. The group advises on tender documentation, PPP contracts and concession agreements, as well as EU funds and state aid and public finance matters. Andrzej Dębiec leads on PPP, concession and tax issues, while real estate expert counsel Bartosz Clemenz leads on matters relating to infrastructure projects. In mid-2019, Agnieszka Chylińska left to join DLA Piper.
The Ministry of Investment and Development
General Agency of National Roads and Motorways
Cintra Servicios de Infraestructuras
- Assisting the Ministry of Investment and Development with the preparation of guidelines for future PPP projects.
- Providing day-to-day advice to the General Agency of National Roads and Highways on all matters relating to two concession contracts for the construction of the A2 motorway in Poland.
- Representing the real estate development company BBI Development in concession proceedings conducted by the City of Gdańsk to select a private partner for a PPP project.
Agnieszka Ferek leads the team at Baker & McKenzie Krzyżowski i Wspólnicy Spółka Komandytowa, which advises a wide range of private sector clients on all stages of public procurement procedures and issues relating to the performance of contracts. Corporate lawyer Tomasz Krzyzowski is another key name and brings experience in cross-border transactions.
CZUBLUN TREBICKI Law Office Professional Partnership
Public procurement work at CZUBLUN TREBICKI Law Office Professional Partnership is led by Piotr Trębicki. The group advises awarding entities and tenderers, including central and local government, and public utilities companies, on all stages of the procurement process across the IT, medical, transport, construction and energy sectors.
‘Professional, responsible, problem solving approach.‘
‘Good team with a lot of experience, so you can always be sure your case was reviewed from all different angles.‘
‘Piotr Trębicki is flexible and fully committed to clients.‘
IT Solution Factor
Hewlett Packard Enterprise Polska
Philips Lighting Poland
Ex Libris Deutschland
- Advised DXC Technology (Enterprise Services Polska) on the tendering procedure for the development and implementation of an e-procurement platform for the Ministry of Digital Affairs.
- Advised Ex Libris on its participation in procurement proceedings for the purchase and implementation of an integrated resource management system for libraries.
- Advised Hewlett Packard Enterprise Polska on the delivery of computer hardware for the National Prosecutor’s Office.
DLA Piper handles public procurement work with a multi-disciplinary team, which combines administrative and public law expertise with corporate, commercial, regulatory and public affairs knowledge. The team advises on public procurement projects in the defence, aviation, infrastructure, energy and construction sectors, with a particular focus on PPP structures. Corporate lawyer Marta Frąckowiak and regulatory expert Andrzej Balicki jointly lead the practice group, which recruited senior associate Agnieszka Chylińska from Hogan Lovells (Warszawa) LLP in 2019, who brought extensive experience in infrastructure projects, advising public and private sector clients.
‘The team is impressively experienced in public affairs matters especially in the healthcare and life sciences sector. They navigate with ease in the public policy environment.‘
‘Andrzej Balicki is a top public policy lawyer. He has great understanding of the legal and business aspects of public affairs projects. He is known for his strategic thinking and ability to implement it in practice.‘
‘The team is impressive. Very pragmatic, with great understanding of public regulatory and distribution matters in the life sciences sector. A very good cultural fit with our business.‘
- Advising Pomorskie Przedsiębiorstwo Mechaniczno-Torowe, a leading construction company owned by the Polish state, on the modernisation and increase of safety of railway infrastructure in Poland.
- Advising Dredging International on the tender for the modernisation of the Szczecin-Świnoujście fairway, organised by the Maritime Authority in Szczecin.
- Representing Marubeni Europe in tender proceedings conducted by the Management of Communal Infrastructure and Transport in Kraków to select a private partner for the construction of the KST Tram Line, stage IV in the Public-Private Partnership Model.
At Gide Loyrette Nouel, public procurement work is focused on energy and infrastructure projects, and the team is often instructed on matters related to motorways, pipelines, railways and transport terminals. It also advises clients on defence sector procurement issues. The group is led by Piotr Sadownik.
KKLW Kurzynski Lyszyk Wierzbicki sp.k
KKLW Kurzynski Lyszyk Wierzbicki sp.k handles public procurement matters for contractors and contracting parties, with experience in the life-cycle of tender procedures, contract performance, and legal remedies including issues before the National Appeal Chamber. The department is led by seasoned litigator Przemyslaw Wierzbicki, who has expertise in public procurement, bankruptcy, restructuring and competition law.
Polskie Sieci Elektroenergetyczne
PKP Polskie Linie Kolejowe
MAN Truck & Bus Polska
Ove Arup & Partners International
- Advising Polskie Sieci Elektroenergetyczne on the full range of its public procurement requirements.
- Advising PKP Polskie Linie Kolejowe on the public procurement elements of the construction and modernisation of railway infrastructure.
- Assisting Man Truck & Bus Polska with public procurement issues.
Maruta Wachta sp. j. is a specialist technology sector firm, which draws on significant expertise in public procurement projects. In addition to TMT clients, the group also handles procurement matters including public procurement procedures related to the construction, defence, waste management and energy sectors. Co-founding partner Bartłomiej Wachta leads the department, and is noted for his extensive expertise in the negotiation and implementation of IT contracts.
Warsaw Municipal Waste Company
Agency for the Restructuring and Modernisation of Agriculture
Polish Gas and Oil Company
National Audit Office
M. Faraday R&D Center
National Tax Office
Wroclaw Medical School
IFS Industrial and Financial Systems
National Health Fund
Healthcare Information Systems Center
Polish Transmission System Operator
Research and Academic Computer Network
- Advised Konica Minolta on public procurement matters including the provision of services for the implementation of a monitoring system.
- Advised the Warsaw Municipal Waste Company on public procurement procedures for the management of waste in Warsaw.
- Represented S&T Group in a public procurement procedure carried out by PKP Intercity for the purchase of payment terminals.
Wardynski & Partners
Wardynski & Partners assists domestic and foreign contractors operating in Poland with every stage of infrastructure projects, including advice on bidding structures, tender procedures, appeals and claims challenging awards. It also advises clients on the performance of contracts, and assists contracting authorities, including the Ministry of Infrastructure, with awarding and implementing public contracts. Based in Wrocław, Mirella Lechna heads up the team, which includes senior associate Anna Prigan, who has extensive experience in public infrastructure projects.
‘Very good availability and communication, quick response time to reported issues requiring legal advice, expert knowledge of public procurement law.‘
‘I cooperate on a continuous basis with Anna Prigan. Her advice and justifications are always very accurate and transmitted in a way understandable to engineers and sales representatives (like me) that do not use legal formulas on a daily basis.‘
‘It has an excellent reaction time which in general is very useful when critical situations occur. Additionally they are very well versed in public procurement law which is the very basis on which we work.‘
Mitsubishi Hitachi Power Systems Europe (Duisburg)
Novogene (UK) Company
Construzione Linee Ferroviarie
- Advised Mitsubishi Hitachi Power Systems Europe (Duisburg) on a tender proceedure conducted by PGE Górnictwo i Energetyka Konwencjonalna for the construction of two Combined Cycle Gas Turbine (CCGT) units in Dolna Odra Power Plant.
- Advised Baltic Workboats on the tender procedure conducted by contracting entity Główny Inspektorat Rybołówstwa Morskiego w Słupsku (Main Fishery Inspectorate) for the design and construction of two inspection control vessels.
- Advised Systra on its construction of a section of railway, including environmental law issues.
White & Case M. Studniarek i Wspólnicy - Kancelaria Prawna sp.k.'s team, which is jointly led by Michał Zieniewski and Maciej Zalewski, handles public procurement matters in the energy, infrastructure and defence sectors. The group advises contractors on projects including conventional and renewable energy projects, road and rail projects and defence sector tenders.
WKB Wiercinski, Kwiecinski, Baehr's team stands out for handling major energy and transport public procurement matters, and assisting public and private sector clients at all stages of contracting and contract performance work including public procurement procedures. The department is led by Jan Roliński, who is one of the founding members of the Public Procurement Law Association.
‘I value my work with the law firm very highly. The team is very competent, communicative, reactive and helpful.‘
‘The team has a good understanding of modern IT technology – the company helped us in two important cases for our business.‘
‘A team that is very committed to working with the client. Regardless of the quick time and the need to complete the task, full availability.‘
City Public Transport Operator in Poznań
Toto S.p.A. Costruzioni Generali
Intermunicipal Union for Waste Disposal Management in Poznań and the Poznań City Area)
City Water Supply and Sewage Management
ALSTAL Grupa Budowlana
Marshal’s Office of Małopolskie Province
University of Arts in Poznań
- Acting for Construcciones y Auxiliar de Ferrocarriles in public procurement proceedings for the supply of 45 underground cars to Warsaw Metro.
- Supported Salini Impregilo at all stages of the road construction public procurement including contract signing and project implementation.
- Advised Miejskie Przedsiębiorstwo Komunikacyjne w Poznaniu on two related tender proceedings, worth €18.5m, to award a contract to a supplier of 21 electric buses and to a constructor of bus charging infrastructure.
The public procurement group at Bird & Bird Szepietowski i wspólnicy sp. k. was established in 2019 by the arrival of Tomasz Zalewski and Julita Hoffmann from Eversheds Sutherland Wierzbowski and Magdalena Zabłocka-Foulkes from Domanski Zakrzewski Palinka. Zalewski, who heads up the department, is an expert in government contracting, with experience advising contractors and contracting parties on infrastructure and IT projects. Hoffmann is noted for handling disputes before the National Appeal Chamber, as well as supporting beneficiaries of EU grants in financial adjustments arising from the violation of procurement procedures. Zabłocka-Foulkes is an expert in PPP transactions.
‘Personable and friendly advice.’
‘Individual and responsive service.’
‘The team has given me comprehensive answers and they have explored every topic of their job. I have felt content every time I used their support.’
Nokia Solutions and Networks
Emerson Process Management
BBDO Warszawa and Energy BBDO
- Advising Nokia Solutions and Networks on the execution of agreements establishing a consortium for a tender procedure for PKP Polskie Linie Kolejowe concerning the construction of the ERTMS/GSM-R system on railway lines.
- Assisting Emerson Process Management with various matters related to the public procurement tenders in which this client participates either directly or as a subcontractor.
- Acting for Siemens on the tender for the supply of the new wagons for line two of the Warsaw metro.
Jarosław Sroka leads the team at BSJP Brockhuis Jurczak Prusak Sp. k., which advises contractors and contracting authorities on awarding contracts and the construction of infrastructure projects involving transport, energy and municipal infrastructure and the defence sector.
‘Very efficient. Able to keep and respect deadlines. Very knowledgeable.‘
‘They are keen to deliver even if it involves late nights and weekends.‘
SPIE Elbud Gdańsk
SAAB Technologies Poland
Berger Bau Polska
Vías y Construcciones
Swietelsky Rail Polska
Kapsch Telematic Services
- Representing Dragados in disputes arising from the construction of certain express and motorways in Poland.
- Advising Vías y Construcciones on matters relating to the modernisation of railway line No. 8, one of primary national importance which connects Warsaw Okęcie (Warsaw Airport) to Radom.
- Assisting a consortium of the Kapsch Group with public procurement issues relating to the provision of road infrastructure maintenance services for the National Toll Collection System.
In 2019, the team at DWF Poland Jamka Sp.k moved from K&L Gates, after the firm took over its Warsaw offices. Former practice head Wladek Rzycki moved to Miller Canfield P.L.C.; the current public procurement department is led by Piotr Kunicki and retains extensive expertise in government contracts and regulatory issues. The group also has experience in regular and sectoral public procurement proceedings, particularly in relation to the transport sector; clients also stem from the defence industry.
‘Very knowledgeable on public procurement, but what is most helpful is their practical advice on what to do and how to be successful given the public procurement law.‘
‘Piotr Kunicki is goal oriented and professional with a very vast network of connections and an open mind. He can get the job done.‘
‘First of all, very high professionalism and skilful communication. The teams I have worked with are able to skilfully delegate a leader who deals with transparent and efficient communication between our team and the team of the law office. This allows us to optimise cooperation.‘
Przedsiębiorstwo Usług Technicznych Intercor
Shanghai Electric Power Construction Co
- Represented Sinohydro before the National Appeals Chamber in challenging the tender submitted by Astaldi/Gulermak for the construction of a section of the II line of Warsaw Underground.
- Represented Shanghai Electric Power Construction before the National Appeals Chamber regarding the Warsaw Waste Incineration Plant.
- Representing AZD Praha in the National Appeals Chamber relating to two tenders for the construction and implementation of the ERTMS/ETCS system on E59 railway.
Michał Drozdowicz, who joined the group from Dentons in 2019, heads up the government and energy practice (which includes public procurement) at Eversheds Sutherland Wierzbowski, which handles public procurement matters for a wide variety of public and private sector clients including companies in the new technology, infrastructure and energy industries. The group draws on extensive knowledge of EU and Polish procurement law. Witold Sławiński left the firm.
‘I value the work with the law firm very highly. The team is very competent, communicative, reactive and helpful.‘
The Polish Association of Construction Employers
Emerson Process Management
- Successfully represented the Polish Association of Construction Employers (PZPB) before the National Appeal Chamber in an appeal by PZPB regarding the tender for the design and execution of construction and dredging works in the upgrade of the Świnoujście–Szczecin waterway, conducted by the State Treasury (director of the Maritime Office in Szczecin).
- Advised Emerson Process Management (part of The Emerson Group, a leader in industrial automation systems) on various matters related to the public procurement tenders in which the client participates either directly or as a subcontractor.
- Supported Siemens in preparing its successful appeal to the National Chamber of Appeal (NSA), and represented the client in a complaint against the NSA’s judgement before the District Court.
NGL Wiater sp.k.
NGL Wiater sp.k. is the go-to firm for defence and aviation sector procurement work, advising clients including Raytheon Company on the provision of military equipment to the Polish Ministry of Defence. The team draws on extensive expertise in corporate, regulatory, commercial, employment and competition law to provide a full service to contractors and contracting authorities. It is also provides tax advice specific to the defence and public security sectors. Founding partner Krzysztof Wiater jointly heads up the group with Jarosław Witek.
‘Krzysztof Wiater and Jarosław Witek have been strong partners for our company since the day they were engaged for work on an extremely important matter.‘
‘Their knowledge of aerospace legal issues is unsurpassed, and they form a true client-firm partnership with fair billing and 24/7 availability.‘
‘They go above and beyond to work both legal and relationship matters that are critical to our success.‘
- Advising Raytheon Company on offset matters connected with the acquisition of a Phase I mid-range air and missile defence system (PATRIOT system).
- Advising IMI Systems on its cooperation with Polska Grupa Zbrojeniowa on the participation and implementation of the procurement related to the Multiple Launch Rocket System program – HOMAR Program.
- Representing TTComm before the National Chamber of Appeal in public procurement proceedings concerning the delivery of mobile SHF satellite terminals carried out by the Polish Ministry of National Defence.
Pieróg & Partnerzy
Pieróg & Partnerzy is a boutique public procurement firm founded by Jerzy Pieróg, who jointly leads the practice with Joanna Presz-Król. The group stands out for assisting contractors and procurers with all stages of the procurement process, as well as appeals and claims arising from contracts. It also has an active practice advising major public institutions, including the Polish Social Insurance Institution, on the procurement of services.
‘It is a highly professional law firm, with its scope of activity concentrated only on public procurement law.’
‘Jerzy Pieróg with no question is one of few authorities in public procurement law.’
‘I value the firm for its competence, professionalism, reliability.‘
The Polish Social Insurance Institution
The Polish Post
Polish Centre for Accreditation
Varian Medical Systems Poland
Research Institute of Horticulture
Court of Appeal in Warsaw
KenBIT K. i Wspólnicy
Państwowa Wyższa Szkoła Zawodowa im. Witelona w Legnicy
Visa Handling Services SARL
The National Water Management Authority
Przedsiębiorstwo Energetyczne w Siedlcach
Regionalna Dyrekcja Ochrony Środowiska w Bydgoszczy
Museum of Warsaw
LLC Lex Systems
Rohill Engineering / Rohill Technologies
- Successfully represented Świętokrzyskie Centrum Onkologii w Kielcach in an appeal brought by a contractor that failed to win a contract for the construction of a radiotherapy building.
- Represented Państwowe Gospodarstwo Wodne Wody Polskie in proceedings for the completion of the ISOK project.
- Successfully represented the Social Insurance Institution in a case regarding an award for performing services of continuity of actions for the mainframe system environment.