Professional Legal Solutions for Businesses. Public Procurement Practice

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1 Professional Legal Solutions for Businesses Public Procurement Practice

2 Our Firm Kochaƒski Zi ba Rapala & Partners was established in 1998 by Piotr Kochaƒski, advocate and member of the Warsaw Bar Council and the District of Columbia (Washington, D.C.) Bar. Our Firm currently consists of more than 60 lawyers, tax counselors and patent attorneys. We are a full-scope, business-orientated law firm dedicated to providing clients with innovative and efficient legal solutions of the highest professional standard. The distinct advantage of our Firm is that we do not just provide clients with a standard law service, but we handle each case in a multidisciplinary manner, combining experience and knowledge from related fields of law. Kochaƒski Zi ba Rapala & Partners laureate of the Business Center Club, the Polish Ministry of Foreign Affairs and the European Economic and Social Committee European Medal 2013 This comprehensive one-stop-shop approach is highly appreciated by our clients, as it is extremely efficient and leads to the best quality and results. International Practice Our Firm is a Polish law firm with global capabilities through its professional relationships with groups of international law firms operating under different brands. Since 2004, we have been a Polish member of the International Lawyers Network ( The ILN is a group consisting of over 5,000 lawyers in 91 member firms representing 66 countries. Through our membership in the ILN we have been engaged in various top level transactions, including international M&A projects, project finance or significant transactions on the real estate market. We are also members of Mackrell International ( a network of medium-sized law firms in major jurisdictions, dedicated to client satisfaction. Founded 20 years ago, it currently numbers over 60 firms in more than 100 offices on five continents. International affiliation gives us the possibility to run and manage our cross-border projects globally. 2

3 Our Public Procurement Practice Who we are Our Lawyers. Highly dedicated leaders with vast experience in international legal business who are capable of providing tailor-made legal assistance, regardless of the scope of the projects, assisted and supported by young, enthusiastic top-notch lawyers. Excellent Public Procurement Expertise in Poland. Our public procurement practice is among the most recognized groups of lawyers on the local market. Our team ensures that you will receive personalized legal assistance and a business-oriented, practical approach. We always take the utmost care to identify the business circumstances relevant to our clients in the context of each project. Other Relevant Practices. As a full-scope law firm we can offer you the cross-practice advice which is required in all major public procurement projects. Our law firm is capable of providing high-profile advice in among other areas of specialization, contract law, intellectual property, antitrust, litigation and international arbitration. International Experience but Local Rates. Our experience in international legal business and a thorough knowledge of the industry in which our clients operate guarantees that our services meet clients objectives and are cost effective. We offer competitive local hourly rates and are always happy to agree on flexible fee arrangements with our clients. Our track record Our lawyers have advised on many public procurement projects in Poland including representation before the National Chamber of Appeal and in courts of second instance. We have also advisied tendering authorities. In particular, we have advised clients in relation to: reviewing the terms of reference in the context of the client s capabilities collection and assessment of relevant corporate documents requested by the tendering authorities supervising the actions of the tendering authority undertaken in the course of the proceedings for their compliance with public procurement law working out strategies aimed at challenging the actions of tendering authorities treatment of classified information and advising on the method of its presentation to the tendering authorities preparation of statements of appeal and other writs submitted in the course of public procurement procedures collection and assessment of evidence required to lodge and support an appeal before the National Chamber of Appeal and courts of second instance preparation of offers evaluating the terms and conditions of contracts to be awarded negotiations and technical dialogues with the tendering authorities, where such an approach is admissible in a given procedure 3

4 Our lawyers have advised on several public procurement proceedings BAE Systems (Operations) Ltd.: advising on the public procurement procedure conducted by the Polish Ministry of National Defense for the delivery of LIFT training aircraft BAE Systems (Operations) Ltd.: advising on the public procurement procedure conducted by the Polish Ministry of National Defense for the delivery of thermal weapon sight products Balice Airport: advising on a project concerning the delivery of architectural and construction documents in order to enlarge the area of the airport Boskalis International BV: advising on certain public procurement aspects of their involvement in the construction of the protective breakwater in Gazoport ÂwinoujÊcie Comparex: advising on a project concerning the delivery of software to numerous public institutions, including universities, libraries, communities and others Consortium MyToll led by Strabag AG: advising on the public procurement procedure conducted by GDDKiA in connection with electronic toll collection systems in Poland GE: advising on a project concerning the delivery and construction of energy-saving street lamps in Bielsko-Bia a and in a number of other smaller cities in Silesia, including Tarnowskie Góry GE International: advising on certain public procurement aspects of their business relations with AGH in Cracow GE Medical Devices: advising on a project concerning the delivery of medical equipment to different medical centers IBM: advising on a project concerning the delivery of equipment to Telewizja Polska S.A. Konstancin-Jeziorna commune: advising on a project concerning the repeated modeling and reconstruction of an aqueduct system in Konstancin-Jeziorna at ul. Âniadeckiego, ul. Piaseczyƒska, ul. Ko obrzeska and ul. Chylicka Ministry of National Defense: advising on various projects from the delivery of office equipment to special computer systems, devices and others Novartis Vaccines and Diagnostics SAS: advising on a number of public procurement litigations on the side of blood banks in Poland against Roche Diagnostics Polska sp. z o.o. (and in some cases against the blood banks) Portuguese consortium (Mota-Engil Central Europe, Mota Engil Enenharia Econtrucao, Emsa - Empreendimentos e Exploracao de Estacionametos, Esli, Immo-Park): advising on the consortium in a project concerning tenders for building underground car parks in Kraków, Poznaƒ and Wroc aw, Poland Promed: advising on a project concerning the delivery of medical equipment to different medical centers Techmex: advising on a Techmex and state owned entities project, in order to establish a company aiming to produce satellite maps used for transport and military activities, including Polish military operations in Iraq Veolia: advising on a project concerning the repeated modeling and reconstruction of an aqueduct system in P ock, Poland 4

5 Our Team Dominik Solski Partner Bars and Courts Warsaw Bar of Legal Advisors. Education The University of Warsaw (Master of Law, 1999). Languages Polish, English, German. Practice experience Dominik specializes in providing legal assistance to the pharmaceutical and defense sectors. He advises on public procurement matters, M&A transactions, including privatizations and private equity transactions. His experience covers the representation of foreign investors in major public procurement projects in Poland, including the Polish government s purchase of LIFT training aircraft for the army and a national electronic toll collection system. Dominik has participated in a number of public procurement litigations representing a leading international pharmaceutical company. He has advised on many significant M&A transactions in the pharmaceutical and healthcare sector, including in privatizations of pharmaceutical companies and mergers of Polish banks. He has wide regulatory experience in the pharmaceutical and defense sectors. Dominik has also worked for the Warsaw offices of several leading international law firms, including Norton Rose and Allen & Overy (9 years). 5

6 Our Team Pawe Gunia Partner Bars and Courts The Kraków Bar of Advocates. Education The University of Kraków (Master of Law, 2004). Languages Polish, English, German. Practice experience Pawe specializes in public procurement law and bankruptcy law with wide experience in financial restructuring, commercial law, energy and renewable energy, infrastructure, mergers and acquisitions and real estate. Pawe represents contractors and ordering entities in public procurement proceedings. He participates in preparing Terms of Reference and tenders. His main activity focuses on monitoring ordering entities actions undertaken during proceedings to ensure their accordance with public procurement law. In his current practice, Pawe has represented numerous clients especially from the construction, telecommunications and railway sectors before the National Chamber of Appeal and common courts in cases concerning complaints against decisions of the National Chamber of Appeal. Pawe has lectured at the University of Mainz and Heidelberg University in Germany, where he gave lectures on the establishment and operations of European public limited liability companies. 6

7 Our Team Graêyna Sylwestrzak Partner Bars and Courts The Warsaw Bar of Legal Advisors. Education The University of ódê (Master of Law, 2003). Languages Polish, English. Practice experience Gra yna is the head of the debt collection and property law practice. She specializes in commercial and civil proceedings, as well as legal advice related to transport and logistics. She advises tendering authorities as well as bidders. She is also the author of a number of opinions on public procurement law. Gra yna has a great deal of experience in conducting court disputes before the civil courts as well as in enforcement proceedings. 7

8 Contact: tel fax Metropolitan Plac Pi sudskiego Warsaw, Poland Office hours: Monday-Friday 9.00 a.m p.m.

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