Anna Prigan
Digitalisation against the crisis
Public procurement is one of the biggest driving forces of the economy. Contract performance during the epidemic may be impeded, but ongoing public procurement proceedings should not be stopped just because people are currently working mainly at home.
EU Procurement Law 2020 thresholds lowered
EU thresholds and the average EU exchange rate for conversion of EUR thresholds into PLN will be lower from 1 January 2020, which means that some current contracts in Poland will exceed the EU thresholds.
Public procurement deadlines must be realistic
Terms of reference should set contract performance deadlines that are possible to keep for completion of the contract and individual stages. It is better to specify these periods in years, months and days than as a specific date. However, if the contracting authority set specific dates which became impossible to meet after submission of the bids, it should modify them accordingly when signing the contract, reflecting the amount of time taken into account by contractors at the stage of submission of bids.
Digitalisation of procurement without signposting
In anticipation of the new Public Procurement Law, the market is wandering in an uncharted wilderness of digitalisation, stumbling time and again over the ill-considered consequences of rulings. Public procurement needs a signpost: permanent and specific rules in line with the regulations.
New Public Procurement Law: The draft has arrived
On 24 January 2019, the Ministry of Entrepreneurship and Technology presented a draft of the new Public Procurement Law. The extensive new law is intended to simplify and streamline regulations so public procurement becomes more efficient and user-friendly.
Bid bonds in 2020: same problems, same sanctions
In the proposed new Public Procurement Law, the contracting authority will decide on the obligation to submit a bid bond, regardless of the value of the contract. However, the same restrictive consequences as in the current act are linked with the improper submission of a bid bond, and there are more grounds for retaining bid bonds.
National Appeals Chamber (KIO) stories: how the KIO was fooled with regard to an electronic signature
A December KIO ruling dealt with an IT aspect of the qualified electronic signature. A contractor had purchased an electronic signature from a trusted supplier, but despite this, the ESPD signed using the electronic signature was invalidated.
Electronic bid bond has negative consequences for bids
The approach taken in a Public Procurement Office opinion towards the issue of the form of a non-pecuniary bid bond will mean a lower number of valid bids above EU thresholds, where the bid bonds required are so high that contractors use bank guarantees.
The Public Procurement Office’s position on power of representation to file the ESPD
The Public Procurement Office has announced its standpoint on the form of the power of representation to sign an electronic ESPD. The ordinary written form is sufficient.
Public procurement: appeals will be more effective
The concept for a new public procurement law suggests changes to ensure greater effectiveness of appeal proceedings and make right of appeal realistic. There will be a specialist court to review the cheaper appeal.
Public procurement in the GDPR era
Contracting authorities have to bear in mind that protected personal data are processed in their procedures. Procedure documentation has to comply with new laws now that the GDPR is in effect.
What is the situation regarding power of representation to file the electronic European Single Procurement Document (ESPD)?
Can an ESPD be signed by a contractor representative appointed for a tender using their certified electronic signature, or do persons listed in the relevant register as representatives of the contractor now have a new obligation, to sign an ESPD? Is this measure by the legislature a restriction of competition in tenders?
