Public procurement: A new approach to amending the law

The Ministry of Economy, in conjunction with the Prime Minister’s Office and the Public Procurement Office, has begun studying the operation of the public procurement system in Poland to develop recommendations for amending the Public Procurement Law.

A defective bank guarantee does not constitute a bid bond

The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.

Mirella Lechna: The amendment of the Public Procurement Law is not perfect, but it may improve the position of subcontractors

An interview with Mirella Lechna, the partner in charge of the Infrastructure & Transport and Public Procurement practices at Wardyński & Partners, about the recent amendment of the Public Procurement Law concerning subcontractors.

The definition of subcontracting in public procurement

The Public Procurement Law defines what contracts between parties and concerning what subject matter are regarded as a subcontract, and also provides mechanisms protecting the interests of certain subcontractors.

Subcontracting under the amended Public Procurement Law

The content of a procurement subcontract is shaped not only by the intent of the parties, but also by the Public Procurement Law, the Civil Code, the terms of reference for the procurement, and the actions taken by the contracting authority.

The treatment of subcontracting issues in terms of reference

The contracting authority may require in the terms of reference that a portion of the procurement be performed personally by the contractor. Absent such restriction, the contractor may assign performance of even the entire contract to a subcontractor.