Practice areas

Public Procurement

Contracting authorities and tenderers, guided through every stage of the procedure — correctly, transparently and to a result.

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Services

How can we help?

public contracts

procurement documents

review of the contracting authority's documents and an opinion

preparation of tenders

inspection of tenders

claims for review

claims for damages

administrative disputes (actions before the Administrative Court of the Republic of Slovenia)

legal opinions

minor offence proceedings

public procurement tailored to your needs

Protecting contracting authorities against claims for damages

a detailed analysis of procurement procedures to ensure compliance with the applicable legislation and to prevent unlawful exclusions

drafting procurement documents and contracts that minimise the risk of legal errors and of the claims for damages that follow from them

representing contracting authorities in legal disputes

developing risk management strategies and putting in place preventive measures against claims for damages

education and training

Actions by unsuccessful tenderers in public procurement procedures

a thorough analysis of the case to identify unlawful conduct in the award procedure

preparing and filing claims for damages

representation in legal proceedings

working with experts to calculate lost profit precisely and preparing expert opinions

comprehensive advice and support throughout the proceedings, including alternative dispute resolution

Team

Our people in this area

Maša Arko

Maša Arko

Attorney-at-law – public procurement

Maša Arko is an attorney-at-law who works daily on public procurement law at Potočnik in partnerke Law Firm. She advises contracting authorities and economic operators in demanding procurement procedures, writes professional articles and lectures regularly at public procurement training events. She also sits on the programme committees of two well-known Slovenian public procurement conferences.

Janja Pincolič

Janja Pincolič

Legal adviser – public procurement

Janja Pincolič holds a university degree in law and has passed the state bar examination. As a legal adviser she has worked in public procurement law for many years, advising contracting authorities as well as tenderers and economic operators. Her particular strength is long experience in business, where she came to know public procurement through the eyes of a tenderer. She also helps prepare and deliver professional training and workshops.

Maša Zeme

Maša Zeme

Trainee attorney – public procurement

Maša Zeme is a trainee attorney at Potočnik in partnerke Law Firm, where she works in depth on public procurement. She advises, and assists in advising, contracting authorities and economic operators and in resolving legal questions connected with public procurement, building her knowledge with the support of an experienced team.

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Questions and answers

Frequently asked questions

How should a tender be prepared so that it is not rejected?

A tender must be prepared strictly in line with the requirements of the procurement documents. The selection criteria, the technical requirements, the evidence, the references, the forms, the bill of quantities and the way each document is to be prepared all matter. In public procurement even an apparently small formal error can have significant consequences.

Can a tender be supplemented after it has been submitted?

Only within the limits allowed by the Public Procurement Act (ZJN-3). Supplementing a tender is not a general opportunity for a tenderer to change the essential elements of its tender after the deadline for submission. Supplements that would change the tender price, the subject matter of the tender or the elements on which tenders are evaluated are particularly sensitive.

What can a tenderer do if it considers the procurement documents to be unlawful?

It can seek legal protection under the Legal Protection in Public Procurement Procedures Act (ZPVPJN), but it must watch the short and strict time limits. Where the complaint is directed against the procurement documents, what matters is when the tenderer learned of the alleged infringement, or ought to have known of it, and by when the claim must be filed.

Can a claim for review be filed after the contract has been awarded?

Yes, if the statutory conditions are met. A claim for review may be filed against certain acts of the contracting authority even after the award decision has been taken, but the time limits are short and must be assessed against the particular decision and the circumstances of the procedure.

When may a contracting authority reject all tenders?

The Public Procurement Act (ZJN-3) allows a contracting authority to reject all tenders in certain circumstances. The decision must, however, be properly reasoned, and the authority cannot simply construct the reasons for it afterwards, once review proceedings are under way.

How important are references in a public procurement procedure?

References serve to verify that a tenderer is capable of performing the subject matter of the contract. What is decisive is how the contracting authority defined the reference in the procurement documents. With complex subject matter, the question also arises whether the reference project must be literally identical to the subject matter of the contract, or whether functional or substantive comparability is enough.

Can a tenderer ask to inspect the successful tender?

Yes, but the right of inspection is not absolute. The contracting authority must assess whether the information the successful tenderer marked as a trade secret is in fact protected as such and whether there is a legal basis for protecting it. Simply labelling material "confidential" or "trade secret" does not by itself secure protection.

Can a contracting authority modify a public contract after it has been signed?

Only in the cases allowed by the Public Procurement Act (ZJN-3). A contract may be modified without a new procedure under the statutory conditions, for example on the basis of clear review clauses agreed in advance, for certain additional works or unforeseen circumstances, and where the modification is not substantial. For every modification the legal basis and its limits must be checked.

Can a contracting authority exclude a tenderer because of an error in its tender?

It depends on the kind of error. The Public Procurement Act (ZJN-3) distinguishes between errors that may lawfully be clarified or supplemented and those that may not be altered after the event. Not every formal error can therefore be treated in the same way.

Is the lowest price always decisive?

No. The contracting authority must apply the award criteria it set out in the procurement documents. The most economically advantageous tender may be identified on the basis of price alone, or on a combination of price or cost and quality, environmental, technical or other criteria.

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