PUBLIC PROCUREMENT

Do you need to navigate the world of public procurement with confidence, whether you are a contracting authority or a supplier? At ARROWS Law Firm, we provide comprehensive legal services that will guide you safely through the entire process, from preparation to successful project implementation. Thanks to our in-depth knowledge and experience, we will turn complex rules and strict obligations into your strategic advantage. Find out exactly how we can help you.

(ARROWS law firm team – pictured from left: Filip Ondřej, Alexandra Johnová, and Antonín Hajdušek)

Public procurement: Strategic opportunity or minefield?

Public procurement is an important segment of the economy where business opportunities clash with strict regulation. For contracting authorities, it is a way to use public funds efficiently and transparently, while for suppliers, it is a gateway to significant and often long-term projects. However, the entire process is highly formalized and governed not only by Act No. 134/2016 Coll., on Public Procurement (ZZVZ), but also by related regulations and European directives.

At ARROWS, we understand that success in this area does not depend solely on knowledge of the law, but on the ability to apply it in practice in a way that supports your business goals. Whether it is an open procedure, a simplified sub-threshold procedure, or a more complex negotiated procedure with or without publication, each procedure has its own specifics and pitfalls. Our lawyers work in this environment every day and help clients turn potential legal risks into well-managed and predictable processes.

Are you a contracting authority? We can help you draw up a contract flawlessly and efficiently

For public contracting authorities, the greatest risk is that the entire procurement procedure will be challenged, which can lead to the cancellation of the contract, significant fines from the Office for the Protection of Competition (ÚOHS) and, above all, jeopardize the implementation of key projects. Our specialists will help you avoid these risks.

How to avoid mistakes in tender documentation?

The basis for success is precisely prepared tender documentation. Our lawyers will ensure that your tender conditions are clear, complete and, above all, non-discriminatory. We will help you correctly define the subject matter of the contract and the appropriate qualification requirements, thereby minimizing the risk of objections and future disputes. This will help you avoid the most common mistakes that the ÚOHS penalizes.

How to set up the entire process correctly?

Correctly determining the estimated value is key to choosing the right procurement regime and avoiding accusations of illegal division of the contract. It is equally important to use the modern tools offered by the law.

At ARROWS, we will help you effectively use the preliminary market consultation to obtain valuable information from the market even before the proceedings begin.

If, despite all due care, your procedure is challenged, we are ready to defend you. We will professionally handle suppliers' objections on your behalf and represent you in any proceedings before the Office for the Protection of Competition or administrative courts.

Key risks for contracting authorities and how to prevent them

Risk to Address	Potential Issues and Penalties	How ARROWS Helps
Discriminatory or unclear tender documentation	Restricted competition, objections from bidders, cancellation of the tender, fines from the Office for the Protection of Competition (ÚOHS).	We prepare complete and legally bulletproof tender documentation that is transparent and fair.
Incorrect determination of the estimated value and procedure type	Accusations of artificial contract splitting, cancellation of the procedure, penalties.	We provide legal analysis and determine the contract value to ensure the correct legal procedure is chosen (e.g., below-threshold vs. above-threshold).
Disproportionate qualification requirements	Exclusion of capable suppliers, low number of bids, objections due to hidden discrimination.	We set appropriate and defensible qualification criteria in line with the subject of the contract.
Poor communication with suppliers (clarifications, objections)	Extension of deadlines, risk of procedure cancellation.	We professionally manage communication with participants, including drafting responses to clarification requests and handling objections.
Insufficient justification of decisions	Objections, challenges before the ÚOHS, financial and time losses.	We prepare precise and factually sound justifications for all key steps in the procurement process.

Are you bidding for a public contract? Increase your chances of success

For suppliers, participating in a tender procedure is a significant investment of time and resources. Failure due to a formal error or unfair conduct on the part of the contracting authority is therefore particularly frustrating. Our lawyers will help you protect this investment and maximize your chances of winning.

How to submit a flawless bid?

We carefully analyze the tender documentation, identify hidden risks, ambiguities, or discriminatory conditions, and help you put together a bid that is 100% compliant with all of the contracting authority's requirements. This will prevent you from being unnecessarily excluded from the procedure due to formal errors, which are unfortunately still common.

Our public procurement experts

How to defend yourself against unfair treatment?

If you believe that the contracting authority is acting unlawfully, whether by setting discriminatory conditions or incorrectly evaluating bids, it is crucial to defend your rights in a timely and appropriate manner. At ARROWS, we will prepare and file qualified objections on your behalf and, if necessary, represent you in proceedings before the Office for the Protection of Competition.

We also deal with situations where your bid is deemed to be an abnormally low tender price. We will help you prepare a robust and convincing justification that will prove the realism of your price and prevent unjustified exclusion.

The most common pitfalls for suppliers and our solutions

Risk to Address	Potential Issues and Penalties	How ARROWS Helps
Exclusion from the procedure due to formal errors in the bid	Wasted investment in bid preparation, loss of business opportunity.	Thorough review of the bid before submission to ensure full compliance with all formal and substantive requirements of the contracting authority.
Discriminatory tender conditions	Inability to submit a competitive offer due to conditions favoring a specific solution or company.	We analyze the tender documentation and submit requests for clarification or objections to help level the playing field.
Unlawful exclusion due to failure to meet qualification criteria	Loss of contract despite actual capability to perform.	We represent you in the objections process and, if necessary, before the Office for the Protection of Competition (ÚOHS) to overturn the contracting authority’s unlawful decision.
Your price is labeled as "abnormally low"	Bid exclusion even if the price is realistic and economically justified.	We prepare a robust and convincing price justification that will stand up to evaluation.
Non-transparent bid evaluation	Your higher-quality bid loses to an inferior one due to biased or incorrect assessment.	We file objections and a review request with the ÚOHS, challenging the unlawful evaluation procedure.

Comprehensive support that goes beyond standard consulting

Our services do not end with the signing of a contract. We understand that the implementation of a public contract is a long-term process full of potential challenges. That is why we provide comprehensive support throughout the entire life cycle of your project. Our services include:

• Strategic planning and preparation of tender procedures
• Complete contract administration for contracting authorities
• Preparation and review of bids for suppliers
• Representation in proceedings before the Office for the Protection of Competition and Administrative Courts
• Contract management after conclusion, including the preparation of amendments in accordance with the law
• Tailor-made training for your teams, including certification
• Defense against subsidy cuts

Operational and Strategic Risks in the Contract Lifecycle	Potential Issues and Penalties	How ARROWS Helps
Need to amend the contract (additional work, deadline changes, inflation)	Invalidity of the amendment or the entire contract, requirement to launch a new procurement, fines, financial losses.	We prepare and assess contract amendments to ensure compliance with strict rules on substantial changes to obligations.
Disputes during contract performance	Project delays, poor-quality performance, escalation into litigation.	We provide legal support in resolving disputes, negotiating with the counterparty, and, if necessary, legal representation in court.
Inspection by the grant provider or audit authority	Risk of reduced or reclaimed subsidy, additional penalties, reputational damage.	We assist in audit preparation, review all documentation, and represent you during the audit process.
Contract termination and handover of the work	Disputes over quality, scope of performance, final settlement, warranty claims.	We provide legal advice during project handover and help resolve warranty and defect liability claims.

Turn obligations into advantages. Connect with ARROWS

The world of public procurement is demanding, but with a partner who understands not only the law but also your business goals, it becomes a manageable and profitable discipline. Our lawyers are ready to support you at every stage, protect your interests, and help you achieve success.

Don't wait for a problem to arise. Whether you are preparing a tender or planning to submit a bid, contact us for an initial consultation. We are here for you.

Don't want to deal with this problem on your own? More than 2,000 clients trust ARROWS Law Firm, and we have been awarded Law Firm of the Year 2024. Take a look at our references HERE, and we will be honored to help you solve your problem. The inquiry is free of charge.