Agnieszka Ferek regularly advises and counsels clients in all types of tender proceedings realized in PPP, concession or public procurement formula. She represents and advises the bidders as well as the ordering parties at every stage of public procurement proceedings, including representing and assisting clients in negotiations with tendering authorities, bidders and all subcontractors, as well as during the appeal proceedings and the performance of the procurement contract after the end of the tender procedure.
Ms. Ferek develops transactional structures and prepares pre-implementation legal analyses for private partners and public entities, as well as documentation for all types of infrastructure transactions implemented in various PPP, concession and public procurement models. In addition, she represents clients in negotiations of PPP, concession and public procurement contracts, as well as other project agreements, such as EPC and O&M contracts, conducted as part of or parallel to the relevant tender procedures (competitive dialogue, negotiations, among others) and advises on tender documentation as well as all sorts of related legal problems. Ms. Ferek also advises clients in appellate tender proceedings and at the later stage in the performance of the tender.
Representative Legal Matters
Advising and representing SITA Zielona Energia in proceedings regarding the selection of the private partner for construction and operation of a waste incineration plant in Poznań, following the PPP model. The project is valued at PLN3.5 billion).
Advising the City of Katowice in relation to the concession for operating services in the MCK convention centre and the "Spodek" Hall and in the PPP proceedings regarding the construction of Aquapark.
Advising the City of Kraków on the construction of public housing in PPP model.
Advising the Polish National Railway on the legal issues connected with the planned construction of a high speed railway in Poland, analysing and comparing two models: PPP versus concession.
Advising JC Decaux on the construction of bus shelters in Warsaw following the concession model.
Advising Alstom Power on the Jaworzno and Turów electric power plant proceedings in light of the bankruptcy of one of the consortium members.
Advising the Astaldi Group on the consortium agreement for the new subway (metro) line in Warsaw and with respect to the consortium agreement for a motorway project in Poland.
Advising the Warmińsko - Mazurskie Province on the construction of the Szymany Airport following the PPP model.
Advising the Hochtief Polska on the construction of parking lots in Kraków and Wrocław following the concession model.
Advising Banks syndicate on the construction and financing of the A2 Motorway in the concession model.
Professional Associations and Memberships
- District Chamber of Legal Advisors - Member
- French Chamber of Commerce and Industry in Poland - PPP Section - Leader
- Poland (2004)
- Jagiellonian University (Master's Degree) (1998)
- University of Warsaw (French and European Law Courses) (1998)
Author, "The essential elements of the PPP Agreement. Proven foreign solutions" (Istotne elementy umowy o partnerstwie publiczno-prywatnym. Sprawdzone rozwiązania zagraniczne), Rynek Infrastruktury, 19 November 2013
Author, "The Proceedings Defect Must Be Remedied" (Wady postępowania trzeba usunąć), Rzeczpospolita, 6 November 2013
Author, "Partnership Revives the Cities" (Partnerstwo ożywia miasta), Rzeczpospolita, 18 October 2013
Panelist, "State as an Investor," 8th Energy Forum, Sopot, 16-18 December 2013
Panelist, "Public-Private Partnership in the health sector - opportunities for new investments in Poland," Warsaw, 30 October 2013
Panelist, "Recycling and Energy Recovery from Waste - innovative technologies," 23rd Economic Forum, Krynica Zdrój, 3-5 September 2013