procurement

Filing documents in procurement proceedings following amendment of the Public Procurement Law

Contractors initially declare that they meet the conditions for participating in a procurement, and at a later stage submit confirming documents. This rule applies to all modes for awarding public contracts, but the law provides for certain exceptions.

The requirement to hire workers under employment contracts in public procurement

Following the July 2016 amendment to the Public Procurement Law, contracting authorities must indicate which activities during performance of a public contract fall within the definition of an employment relationship under Labour Code Art. 22 §1. They must also require contractors to hire persons performing those activities on the basis of an employment contract and verify that the contractors are in compliance with this obligation.

The President has signed the new Concessions Act into law

The Act on Concession Contracts for Construction Works or Services of 21 October 2016 was signed by the President of Poland and published on 29 November. The act entered into force on 14 December.

Can the form in which the bid bond is paid be modified during the course of a procurement procedure?

The Polish Public Procurement Law does not answer this question, but that is not an absolute bar to changing the form of a bid bond after the bids are opened.

First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law

Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds.

Relying on third-party capacity to make the shortlist

Based on a recent judgment of the Court of Justice of the European Union, the provisions of the Polish Public Procurement Law permitting reliance on third-party capacity to demonstrate fulfilment of selection criteria are consistent with EU law.