public procurement

Dispute avoidance and adjudication board under the new FIDIC contract conditions (2017)

The new FIDIC contract conditions place greater emphasis on alternative dispute resolution. This approach is reflected in the increased role of dispute avoidance and adjudication boards.

Engineer’s determinations under the new 2017 FIDIC standard contracts

A new edition of the suite of FIDIC contracts was published during the International FIDIC Users’ Conference in London on 5 December 2017. The publication includes new approaches to issues such as filing claims and procedural aspects of the engineer’s role in their evaluation.

e-ESPD only!

Electronic procurement documents are coming. Starting 18 April 2018, the European Single Procurement Document (ESPD) will be available only online. Contracting authorities will have to include this requirement in all terms of reference while contractors will have to adjust to the new regulations.

European Commission calls on Austria to eliminate barriers to oversight in public procurement

On 25 January 2018 the Commission sent a formal summons to Austria to eliminate irregularities in national law limiting contractors’ rights to seek review of actions by authorities conducting public procurement procedures.

In-house procurement occurs when a public contract is not awarded

Even when work was underway on an amendment to the Public Procurement Law in 2016, there was some controversy surrounding the question of in-house procurement. In late 2017, the National Appeal Chamber rejected the first contracts concluded under the new provisions between local government authorities. It would be unfortunate if at this time a practice emerged in Poland stifling cooperation between public authorities working together to carry out their duties.

Award of a contract co-financed using EU funds by a private entity

A private entity carrying out a project co-financed using EU funds makes use of public money, and therefore is required to comply with rules on fair competition and equal treatment of contractors. Accordance to government guidelines, to do this it should use market research or comply with competition requirements. And if it becomes a contracting authority, it must apply the Public Procurement Law.