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public procurement

Tales from the National Appeal Chamber: Invalidation of defective procurement procedures
Contrary to popular belief, contracting authorities do not have unlimited possibilities to invalidate procedures for award of public contracts. Once a procedure is launched, they can invalidate it only in selected situations. And if a contractor challenges the grounds for invalidation of the procedure by the contracting authority, the contracting authority will have to demonstrate the existence of such grounds and defend its position before the National Appeal Chamber.
Tales from the National Appeal Chamber: Invalidation of defective procurement procedures
EU thresholds and conversion rate from EUR to PLN for 2024 and 2025
As of 1 January 2024, the EU thresholds for public procurement and the average euro exchange rate for converting threshold amounts from euros into Polish zlotys have changed.
EU thresholds and conversion rate from EUR to PLN for 2024 and 2025
Determining the economic value of trade secrets in public procurement
A key issue in protecting trade secrets in public procurement is to demonstrate the economic value of the confidential information. Despite many rulings by the National Appeal Chamber and interpretations by commentators, it remains a controversial issue.
Determining the economic value of trade secrets in public procurement
Tales from the National Appeal Chamber: Trade secrets must be proven
Public procurement is subject to the general principle of openness. Sometimes, this conflicts with the interests of contractors, who can protect their companies’ valuable information and knowhow by designating it as a trade secret. But this is not an automatic process, as it requires contractors to make a credible showing of the rationale for protecting the information. In a recent ruling, the National Appeal Chamber clarified the conditions for correctly reserving trade secrets.
Tales from the National Appeal Chamber: Trade secrets must be proven
In public procurement procedures, foreign financial contributions must be reported
As of 12 October 2023, once they exceed certain financial thresholds, undertakings participating in public procurement procedures are required to notify the contracting authority of all foreign financial contributions.
In public procurement procedures, foreign financial contributions must be reported
Can penalties in public procurement exceed the contract price?
The Polish Public Procurement Law does not specify an upper limit for contractual penalties. However, if the penalties are out of line with the realities of the contract, the contractor can seek review by the National Appeal Chamber. In a recent ruling, the chamber cut the penalties to 30% of the contractor’s gross fee.
Can penalties in public procurement exceed the contract price?
Bill on certification of public procurement contractors
The Ministry of Development and Transport has published a long-awaited bill on certification of public procurement contractors. Certification is expected to make it easier for contractors to prepare bids, and increase the transparency of the contractor vetting process.
Bill on certification of public procurement contractors
Public procurement: Once again, a criminal record certificate should come from the contractor’s home country
In public procurement proceedings initiated on or after 22 September 2023, contractors may again submit criminal record certificates according to the residence of the person referred to in the certificate.
Public procurement: Once again, a criminal record certificate should come from the contractor’s home country
The appeal provisions of the Public Procurement Law need to be amended
At a conference on 30 May 2023, the Polish Public Procurement Law Association presented a report with calls for legislative changes to the Public Procurement Law of 11 September 2019. The act has been in effect since the beginning of 2021, and the experience acquired over two and a half years has allowed practitioners to draw some conclusions and formulate nearly 30 calls for amendments to improve the procurement procedures in Poland. In this article we will analyse one of the proposals.
The appeal provisions of the Public Procurement Law need to be amended
EU tenders: Foreign subsidies must not distort competition
The European Union has addressed the issue of the impact of third countries, from outside the EU, on the operation of the single market. Next year, the Commission will begin investigating sources of money giving foreign undertakings an advantage, including in public procurement procedures. Subsidised contractors will not get public contracts in the EU if awarding them a contract could disrupt the EU market.
EU tenders: Foreign subsidies must not distort competition
FIDIC: In what situations can the contract engineer issue a determination?
One of the participants in the construction process carried out under FIDIC contract terms is the engineer, acting as the contract administrator. The engineer’s task is to take the necessary steps to ensure that the contract is performed correctly and on time. Among other things, the engineer can issue a determination on how to handle a matter. When can the engineer do this?
FIDIC: In what situations can the contract engineer issue a determination?
A sudden return to deducting contractual penalties in public procurement
On 24 August 2022, without any grace period, Art. 15r1 of the COVID special act ceased to apply. In Polish public procurement, this means a repeal of the ban on deducting contractual penalties and claiming them from a performance bond, which had been in effect since 24 June 2020.
A sudden return to deducting contractual penalties in public procurement