Klaudia Przybyłowicz

Contract or annex?

When a contracting authority issues an additional order, may it use an annex to the main contract, or does it have to enter into a new contract?

When the contractor for a new order selected under the Polish Public Procurement Law is the same contractor to whom the previous order was issued, it is not material whether a new contract is concluded for the new order or only an annex to the existing contract. This position was confirmed by the president of the Public Procurement Office in a statement dated 3 July 2007 (Ref. No. UZP/DP/O-JSA/16130/07). This is justified by the fact that under the Polish Civil Code (specifically Art. 3531), which is cross-referenced by Art. 139(1) of the Public Procurement Law, the parties to a contract have discretion with respect to the form in which a public procurement contract is concluded (an annex or a separate contract), so long as they comply with the written form required by Art. 139(2) of the Public Procurement Law.