Financial resources channelled to private sector through public procurements represent a significant part of Estonia’s GDP. Therefore, works done via procurement contracts are an important source of income for any foremost entrepreneur. At the same time, public procurements are an inevitable working tool for contracting authorities as they are often subjects to an obligation to conduct a procurement procedure subordinated to numerous specific rules.
Organising public procurements and participating in them as a tenderer is, however, complicated. Contracting authorities and tenderers often face various legal questions in the formal environment of procurement procedure. Thorough and expert advice is strongly recommended in such cases, if not inevitable, as breaching public procurement law may result in negative consequences for all parties involved. For contracting authority, ignoring procudure rules or imposing criteria that are in contradiction with the law, may culminate in failure of the public procurement, losing a court dispute or even an obligation to pay back European Union financial support. Tenderer’s careless attitude towards public procurement law may end up with falling out of the procurement procedure, leaving the tenderer without the desired contract.
Jesse & Kalaus’ expert attorneys counsel tenderers as well as contracting authorities from the very beginning of a public procurement until the end. We advise and represent contracting authorities in drafting contract documents and conducting procurement procedures. Besides that, we represent contracting authorities in the Public Procurement Review Committee and court. We equally support tenderers’ success story, advising them in relation to putting together a tender and when necessary, representing our client’s interests in public procurement disputes in the best possible way.
- Representation in review and court proceedings
- Drafting contract documents
- Preparing and conducting public procurements (action is state public procurement register etc.)
- Advising in compiling a tender
- Conducting legal analyses