Observer: We will be talking about public procurement. How long have you been working in this field?
Ana Gj. Andrievska: For more than a decade, we have been representing the rights of economic operators and working daily to overcome the legal, administrative, and technical barriers that arise in these procedures. Thanks to our experience, we have a realistic picture of practice — we know exactly where problems occur and what truly makes the difference between an unsuccessful and a successful procedure.
Observer: Based on your experience, where does the problem most often begin for companies?
Ana Gj. Andrievska: Most often, it starts with the very first reading of the tender documentation. Companies naturally focus on whether they meet the technical and financial capacities, but they underestimate the fact that the tender notice is a legal act. One unclear formulation, one condition that is not precisely defined, can completely jeopardize an offer — without its quality ever being reviewed.
This is precisely where preventive legal analysis has the greatest value.
Lawyers do not read documentation merely formally, but through the prism of experience from appeal procedures and real court disputes. Timely identification of risk means avoiding a problem that is later very difficult to correct.
Observer: Why do good companies often lose already at the offer stage?
Ana Gj. Andrievska: Because the offer is still perceived as an administrative obligation, rather than a legal document. Today, when the focus is increasingly shifting toward quality, methodology, and sustainability, the offer must be logical, well-argued, and legally compliant.
In practice, we see excellent technical solutions that “fail” because they are not presented in a way that allows them to be properly evaluated.
Lawyers do not replace technical expertise; they structure it and make it legally understandable and valid. This is often the key difference between an average and a winning offer.
Observer: What concerns companies the most when they receive the decision?
Ana Gj. Andrievska: Not always the outcome, but the reasoning. Companies want to know why someone else was selected and why they were not. When decisions are formally correct but substantively unclear, legal uncertainty is created.
At that point, it is crucial to soberly assess whether there is a real legal basis for further steps.
The lawyer’s experience allows for a quick and objective assessment — when there are grounds for an appeal and when it is better to preserve resources for the next procedure.
Observer: Appeals are a crucial part of the process. Where do companies most often make mistakes when filing an appeal?
Ana Gj. Andrievska: Most often in their approach. An appeal is not an automatic reaction, but a precise legal procedure with strict deadlines and formal rules. Emotional arguments do not help — only a clearly identified procedural violation does.
A well-prepared appeal is not lengthy, but focused. It targets the essential problem, not the entire procedure.
Observer: We have the impression that the most underestimated phase is contract implementation. What does practice show after the contract is signed?
Ana Gj. Andrievska: Practice shows that this is precisely when the most serious risks begin. Problems with deadlines, interpretation of clauses, changes to conditions, and most commonly — delays in payment. Companies that did not think through these scenarios in advance find themselves in a very unfavorable position.
Therefore, continuous legal support at this stage means timely reaction, proper activation of contractual mechanisms, and protection of the company’s financial interests.
This is where the lawyer becomes a true business partner!
Observer: Finally, what message would you send to companies involved in public procurement processes?
Ana Gj. Andrievska: Public procurement is not a one-time event, but a continuous process with legal risks at every stage — from the tender notice, through the offer and evaluation, to contract implementation. Companies that recognize this reality in a timely manner are the ones that remain competitive in the long run.
Do not wait for a problem to seek legal protection. Preventive legal consultation is often the key to a successful offer and secure implementation of a public procurement contract.
More information about our law office can be found on our website,
ARLaw.
The original interview with Attorney Ana Gjorgievska Andrievska is available
here.