On 1 June 2020, the final oral part of the moot court competition entitled “Client Representation before the KIO National Appeals Chamber” for students of Law and Administration Faculties, was held at the Warsaw offices of WKB Wierciński, Kwieciński, Baehr.
The competition was organized by the Public Procurement Law Association. The competition award winners will get the chance to take part in trainee programs in law firms supporting the competition, such as Bird & Bird, BSJP, Clifford Chance, Dentons, Domański Zakrzewski Palinka, Jerzykowski i Wspólnicy, Schampera Dubis Zając i Wspólnicy, Wardyński i Wspólnicy, and WKB Wierciński Kwieciński Baehr.
The following four universities entered their teams into the competition:
Mickiewicz University, Poznan (Supervisors: Prof. UAM Dr hab. Katarzyna Kokocińska, Dr Jarosław Kola), Jagiellonian University (Supervisor: Dr Aleksandra Sołtysińska), University of Lodz (Supervisor: Dr Anna Górczyńska), University of Warsaw (Supervisor: Dr hab. Piotr Bogdanowicz).
The competition was staged in two phases:
The teams’ ranking following the written part of the competition was as follows:
The briefs were evaluated in terms of the quality of the legal argumentation presented, formal correctness, as well as an unmistakable flair for polemics.
Based on these criteria, the submissions drafted by the University of Warsaw’s team received the highest score.
According to the Rules of the Competition, oral performance received twice as many points as the written part. For this reason, the oral phase was crucial for the final outcome.
During the final part of the competition, the teams took part in a mock trial before the KIO, acting as the parties’ counsel. The teams’ performance was evaluated by a panel consisting of Sylwester Kuchnio, Esq. (Chair), Aldona Kowalczyk, Esq. and Jan Roliński, Esq.
The atmosphere of the finale bore striking resemblance to that of a real court battle before the KIO, the participants showing a high level of preparation for the hearings and full professionalism in the speeches they delivered.
When assessing oral presentations, the jurors took into account the substantive level of the speeches as well as the rhetorical skills of the respective speakers. Highest scores were given for prompt and apposite retorts, and to speakers who managed to keep their cool and come up with creative solutions in unforeseen courtroom situations (e.g. in answers to questions asked by the adjudicating panel).
Conversely, speakers who repeated the arguments presented in the pleadings parrot fashion, excessively focused on allegations that were irrelevant for the outcome of the case, reviewed their opponents’ briefs instead of fighting the substantive accusations that they contained, and especially those reading prewritten speeches, were given fewer points.
Upon adding up the scores for the written and oral parts, the final results of the Moot Court competition are as follows:
Congratulations to all Winners and Participants!
In keeping with the Rules of the “Client Representation before the KIO National Appeals Chamber” competition, announced by the Public Procurement Law Association, we present four teams which signed up for the competition, team draw results and the competition’s case studies.
Team A – Mickiewicz University, Poznan (Supervisors: prof. Dr hab. Katarzyna Kokocińska, Jarosław Kola)
o Aleksandra Grabowska
o Alicja Sementina
o Filip Golędzinowski
o Łukasz Wasilenko
o Maciej Kowalczyk
Team B – University of Warsaw (Supervisor: Dr hab. Piotr Bogdanowicz)
o Eryk Ryciak
o Marcin Woźny
o Agnieszka Warsewicz
o Mateusz Mućka
o Adam Jeżewski
o Marta Radke
Team C – Jagiellonian University (Supervisor: Dr Aleksandra Sołtysińska)
o Tomasz Mielko
o Maciej Gilis-Januszewski
o Michał Kulikowski
o Kinga Kanecka
o Rafał Rutkowski
o Karol Witas
Team D – University of Lodz (Supervisor: Dr Anna Górczyńska)
o Julia Bilska
o Magdalena Rogozińska
o Maria Szychowska
o Adam Kramarz
o Katarzyna Leszka
Click here to download case studies. See below for teams assigned to each individual case:
More information on the competition, time schedule and the Competition Rules are available here.
The third General Meeting of the Members of the Public Procurement Law Association took place on 3 February 2020 at the premises of Dentons. The Meeting was an opportunity to recap the activities undertaken by the Association in 2019 and discuss the projects due to be implemented in 2020.
Members of the Association further discussed the upcoming initiatives organized or co-organized by the Public Procurement Law Association, which included, among others, the conference “on effective contract administration and dispute resolution – keys to innovation and environmental sustainability in public procurement practice” to be held on 18 March 2020 in Warsaw, as well as a moot court student competition, “Legal Representation before the National Appeals Chamber”. The meeting ended with a discussion on the merits and exchange of knowledge on selected aspects of the new Public Procurement Law.
We appreciate our Members’ active participation in the Meeting.
Due to the situation caused by the Covid virus, travel alerts, questions from our participants and sponsors the organizers took the decision to postpone the Transatlantic conference on effective contract administration and dispute resolution – keys to innovation and environmental sustainability in public procurement practice, which was planned on March, 18 at the University of Warsaw.
This decision has been taken due to the protection of the participant’s comfort and health as well as due to the best understanding of sponsors and partners reputation. The new term of this event is planned for September 30, 2020 and will be announced soon.
We are pleased to invite you to a conference to be held on 18 March 2020 in Warsaw by the "Pro Silesia" Association, the University of Silesia in Katowice, the University of Warsaw, the George Washington University in Washington and the Public Procurement Law Association (PPLA):
"TRANSATLANTIC CONFERENCE: on effective contract administration and
dispute resolution – keys to innovation and environmental sustainability in public procurement practice"
The conference will focus on practical aspects of the implementation of public contracts and the resolution of disputes arising from these contracts in terms ofinnovation and environmental sustainability. The event partner is Tauron Polska Energia S.A. and the conference is held under the patronage of the Fulbright Poland foundation. The event will be attended by representatives of public institutions and Polish and foreign public procurement experts.
Simultaneous interpretation into English will be provided. The number of places is limited.
Here you can find more details and registration information.
The Public Procurement Law Association would like to invite students of Law and Administration Faculties to take part in the moot court competition entitled: “Client Representation before the KIO National Appeals Chamber”.
The competitors will take part in simulated KIO appellate proceedings concerning cases typically regulated by Public Procurement Law.
The competition’s award winners will get the chance to take part in trainee programs in one of the law firms supporting the competition, such as Bird & Bird, BSJP, Clifford Chance, Dentons, Domański Zakrzewski Palinka, Schampera Dubis Zając i Wspólnicy, Wardyński i Wspólnicy, and WKB Wierciński Kwieciński Baehr.
Our invitation is extended to teams of 2-6 students selected in qualifications run by participating universities, namely the Jagiellonian University (supervisor: Dr Aleksandra Sołtysińska), the University of Warsaw (supervisor: Dr hab. Piotr Bogdanowicz), the University of Lodz (supervisor: Dr Anna Górczyńska) and Poznan’s Mickiewicz University (prof. Dr hab. Katarzyna Kokocińska and Jarosław Kola).
To mark World Competition Day, the Office for Competition and Consumer Protection organized a conference styled “Effective Counteracting Market Conspiracy – Practice and Challenges” on 10 December 2019.
Aldona Kowalczyk, President of the Management Board of the Public Procurement Law Association, was invited by the Chairperson of the Office for Competition and Consumer Protection to attend a discussion panel on “How to eliminate bid rigging. Synergy actions under competition law, public procurement law and criminal law”.
The conference was attended by representatives of the Office for Competition and Consumer Protection and the Public Procurement Office, law enforcement authorities as well as businessmen and lawyers. Foreign experts included representatives of the European Commission, the Czech and the Israeli Competition Authorities.
More information about the conference agenda is available here.
Images received from the Office of Competition and Consumer Protection.
The October issue of “Zamówienia Publiczne DORADCA” monthly featured a report from the conference “Grounds for exclusion – practice followed in the EU and EFTA member states and the U.S.” presenting conclusions and selected parts of the report depicting the system of exclusions of contractors from public procurement procedures in Poland compared to the systems binding in other European states. The report was prepared by the Polish Public Procurement Association. The report along with other publications featured in the October issue of the DORADCA monthly will be available in just a few days in the LEGALIS Legal Information System.
On 21 October 2019 Rzeczpospolita daily published an interview with Aldona Kowalczyk, Jan Roliński and Wojciech Hartung, the representatives of the Polish Public Procurement Association.
The interview focused on the genesis and conclusions of the report of the Association presenting the system of exclusions of contractors from the public procurement proceedings in Poland compared to the systems binding in other European states.
With the consent of the speakers, the presentations delivered at the "Grounds for exclusion – application practice in EU/EFTA countries and USA" conference held on 30 September 2019 may be downloaded here:
On 30 September 2019, during the conference "Grounds for exclusion – application practice in EU/EFTA countries and USA" organized by the Public Procurement Law Association (PPLA), Dr hab. Piotr Bogdanowicz and Jan Roliński, representatives of the Management Board of the PPLA, presented a report comparing the systems for the exclusion of contractors from public procurement procedures in Poland and in other European countries.
The report provided a number of topics for discussion during the event. Polish and foreign public procurement experts discussed the differences, similarities and interpretations of provisions on the exclusion of contractors in the EU and domestic laws.
Partners of the conference included: C.H. Beck publishing house, Public Procurement Section of the Warsaw Bar Association and the Chair of European Law at the Faculty of Law and Administration at the University of Warsaw.
Selected presentations and conference materials will be made available on the PPLA’s website within the next few weeks.
Below is a list of speeches and discussions held during the conference:
The Public Procurement Law Association is pleased to announce that it will host a conference on "Grounds for exclusion – application practice in EU/EFTA countries and USA", on 30 September 2019, in Warsaw.
One of the key points of the conference will be the public unveiling of the Association’s report comparing the systems for the exclusion of contractors from public procurement procedures in Poland and in other European countries.
The conference programme also includes lectures and panels discussions on topics such as the various models of systems for the exclusion of contractors from public procurement procedures, the grounds for the exclusion of contractors and their practical application, as well as the effectiveness of such exclusion systems in the public procurement framework.
Attendees include experts on the theory and practice of public procurement law, including representatives of public authorities, as well as a number of international subject-matter specialists: Prof. Roberto Caranta (University of Turin), Prof. Christopher R. Yukins (George Washington University) and Collin David Swan (World Bank Office of Suspension and Debarment).
The conference will take place at the Faculty of Law and Administration of the University of Warsaw, Collegium Iuridicum II building (ul. Lipowa 4, room A.2), and will start at 9:30 am. The full programme can be downloaded here.
The conference will be held in Polish, with simultaneous translation to English.
If you would like to take part in the conference, please complete the online application form (https://forms.gle/AjPjZiNQ1ZPMtxyv5) by 25 September.
Attendance is free of charge, however, due to the limited number of seats only registered attendees will be admitted.
The February issue of the monthly publication “Public Procurement ADVISER” contained an article in which Aldona Kowalczyk, Chairman of the Public Procurement Law Association’s Management Board, shares her first reflections on the draft of the new Public Procurement Law and cites the proposals made by the Association.
The whole article (in Polish) can be found below:
Public Procurement Law Association representatives have taken part in a consensus conference organised by the Ministry of Enterprise and Technology and the Public Procurement Office. The conference, which concerned the draft of the new Public Procurement Law, took place on 13-15 March 2019.
The lively three-day discussion covered, inter alia, exclusion from application of the law, grounds for excluding economic operators from contract award procedures, public contracts and remedies, and conciliation procedures.
The Association was happy to hear that the Ministry of Enterprise and Technology and the Public Procurement Office welcomed the changes to the draft proposed by the Association (the proposals are available here) during the legislative work. The Law is to come into force on 1 January 2020.
On 13 March 2019, the Public Procurement Law Association sent the Ministry of Justice comments on the amendments to art. 305 of the Criminal Code set out in draft amendments to the Criminal Code and certain other acts. The Public Procurement Law Association’s comments and proposals can be found here.
The Public Procurement Law Association also sent the Ministry of Enterprise and Technology and the Public Procurement Office two working documents in connection with the work underway on the new Public Procurement Law as regards compensation in public procurement and conciliation procedures. The full text of the materials can be found at: compensation and conciliation.
We would like to thank all the Association Members who were involved in preparing these documents.
Ten experts, a key systemic change and two hours of lively discussion were involved in the debate on “Revolution in procurement or new same old?”
On 21 February 2019, at the office of the Rzeczpospolita daily newspaper a debate was held on “Revolution in procurement or new same old?” attended by members of the bodies of the Public Procurement Law Association and representatives of the public administration involved in work on the draft of the new Public Procurement Law. Editor Tomasz Pietryga’s guests were Mariusz Haładyj, president of the Office of the General Counsel to the Republic of Poland, Hubert Nowak, President of the Public Procurement Office, Bogdan Artymowicz, Director of the Public Procurement Office Legal Department, Joanna Knapińska, Deputy Director at the Ministry of Enterprise and Technology, and Public Procurement Law Association representatives: Dr Piotr Bogdanowicz, Dr Wojciech Hartung, Aldona Kowalczyk, Mirella Lechna, Jan Roliński and Anna Specht-Schampera. The experts discussed recent systemic changes and attempted to answer the question of whether the proposed provisions meet market needs and to what extent, and how they will affect the market.
The Public Procurement Law Association is playing an active part in public consultations on the draft of the new Public Procurement Law and the debate was an excellent opportunity to put forward the Association’s position on key issues.
A record of the debate is available on Rzeczpospolita’s website.
During public consultations, the Public Procurement Law Association submitted comments on the draft of the Public Procurement Law. The text of the comments and proposals can be found in the file below.
We would like to thank all the Association Members who were involved in the work on this document.
On 23 January, a General Meeting of the Public Procurement Law Association was held. During the Meeting, the authorities of the Association were elected, plans for action in 2019 were discussed, and a summary was made of the Association’s activities in 2018.
Key events in 2018 include:
Today’s issue of Dziennik Gazeta Prawna features an article on financial corrections made by Polish institutions in charge of spending EU funds. Jan Roliński, board member of the Public Procurement Law Association, points to an increased frequency of corrections as well as officiousness and formalism of auditors.
On 27 June 2018, the Management Board of the Public Procurement Law Association presented the Ministry of Entrepreneurship and Technologies and the Public Procurement Office with its position paper on the selected solutions proposed in the “Outline of the new Public Procurement Law”. The opinion paper is available here.
Comments and suggestions submitted by the Association on 6 June 2018 with regard to means of legal protection, including compensation for entities that sustained damage as a result of a breach of public procurement law, form an integral part of the position paper. The Association’s 6 June 2018 position paper is available here.
The June edition of the “ZAMÓWIENIA PUBLICZNE DORADCA” magazine features an article about the Bill on Public Life Transparency which, if adopted in the proposed wording, will have a substantial impact on the public procurement sector. This publication was prepared on the basis of an opinion paper drafted by the Public Procurement Law Association and presented to the Permanent Committee of the Polish Cabinet. The article was penned by Jan Roliński, member of the Association board.
Full text is available here:
Presentations delivered at the “Competition Law and Public Procurement — Two Sides of the Same Coin” conference held on 12 June 2018 may be downloaded here:
On 18 June 2018, Aldona Kowalczyk and Mirella Lechna in a commentary for Dziennik Gazeta Prawna evaluated the outline of the new Public Procurement Law drafted by the Ministry of Entrepreneurship and Technologies and the Public Procurement Office. The assumptions made in the proposed regulations, including proposals of changes in the legal remedies available to bidders, are consistent with proposed reforms put forward by our experts.
13 June 2018 the Polish daily Dziennik Gazeta Prawna published an article on the international conference titled “Competition Law and Public Procurement — Two Sides of the Same Coin” organized by the Public Procurement Law Association. The article quoted Dr. Wojciech Hartung, Dr. Albert Sánchez Graells and Dr. Igor Nestoruk, who discussed the problems connected with public procurement law tackled at the international event.
The full article is available here:
As mutual relations between competition law and public procurement law become clearer, the two areas cannot be treated separately. Consequently, it is necessary to assess participants of the public procurement market (both contractors and contracting authorities) also from the perspective of the broadly understood competition rules - these are one of the most important proposals that have been formulated in the course of the conference "Competition Law and Public procurement - two sides of the same coin", which took place on 12 June in Warsaw. The conference organized by the Public Procurement Law Association was attended by scientists, experts and practitioners of the public procurement and competition law, both from Poland and abroad (including from Lithuania, Germany and the UK).
The conference “Competition Law and Public Procurement - two sides of the same coin” was held on Tuesday, 12 June. The event was dedicated to distortions of competition in public tenders from the perspective of competition law and public procurement law.
The organizer - the Public Procurement Law Association - invited experts and practitioners from Poland and abroad who work in the field of public procurement law and competition law.
Guests had the opportunity to attend lectures on the distortion of competition due to the behaviour of contracting authorities and contractors, events of abuse of dominant positions on the public procurement market and recent case law of the Court of Justice of the European Union on the ‘self-cleaning’ institution. The panel’s participants discussed, among others, how to handle competition breaching behaviour in the course of tender proceedings and how contracting authorities should counteract the abuse of contractual advantage .
Contributions were delivered by Dr Albert Sánchez Graells of Bristol University, Dr Igor B. Nestoruk of Adam Mickiewicz University in Poznań, Ms. Irma Urmonaitė, a representative of the Lithuanian Competition Office, Dr Anna Blume Huttenlauch of the German law firm Blomstein and Dr Wojciech Hartung a representative of the Association. Panel discussions were also attended by representatives of state institutions, including among others, Ms. Małgorzata Stręciwilk, President of the Public Procurement Office, Ms. Małgorzata Rakowska, President of the National Appeal Chamber, Ms. Magdalena Grabarczyk, Vice-president of the National Appeals Chamber, Professor Marta Romańska, a judge of the Supreme Court, as well as representatives of the Office for Competition and Consumer Protection and representatives of the contracting authorities and contractors.
Selected power point presentations are available for download here:
The Ministry of Entrepreneurship and Technologies in collaboration with the Public Procurement Office developed an outline of the new Public Procurement Law and published it on 6 June 2018. According to the authors, the new statutory act is aimed at improving the quality of public procurement laws.
This has also been the overriding objective of our Association. Since our inception, we have taken up and pursued a number of initiatives to diagnose the condition and quality of public procurement laws in Poland and Europe and have put forward proposals addressing the problems we identified.
The Public Procurement Law Association prepared an expert analysis of selected issues connected with legal remedies which need incorporating into the Polish legal system with a view to enhancing the efficiency of the Polish legal remedies system, in line with review procedure directives.
The analysis was submitted on 8 June 2018 to the Ministry of Entrepreneurship and Technologies, the Public Procurement Office, the National Appeals Chamber and the Ministry of Justice.
You can read the Association’s position paper here:
Ekspertyza Stowarzyszenia Prawa Zamówień Publicznych
On 16 May 2018 the Advocate General of the Court of Justice of the European Union delivered his opinion in case C-124/17, Vossloh Laeis, concerning exclusion of an economic operator due to an executed anti-competitive agreement and the measures the contractor took in an attempt to prevent its exclusion. On 12 June 2018 Dr Roland Stein will talk to us about the concerns surrounding the case at the conference “Competition law and public procurement – two sides of the same coin” organized by the Public Procurement Law Association.
The conference will be attended by, among others, Dr Albert Sanchez-Graells and Irma Urmonaite of the Lithuanian Competition Council.
The conference organizers will confirm your place at the event. Attendance is free of charge. The detailed program of the conference will be announced soon.
In an interview with Rzeczpospolita, Jan Roliński, member of the SPZP Board, presented comments and concerns in relation to the Public Life Transparency Act and its potential adverse impact on the Public Procurement Law and the public procurement market.
The full interview is available here.
On May 4, 2018 Anna Szymańska and Wojciech Hartung participated, at the invitation of the European Commission, as representatives of the Public Procurement Law Association, in a meeting of representatives of the appeal bodies of first instance in the EU Member States in Malta. During the meeting they discussed the report "The functioning of legal protection measures in EU countries. Key findings". The report met with great interest among the participants and triggered a lively discussion. The report is available here.
The Public Procurement Law Association has presented the results of a questionnaire concerning measures of legal protection enjoyed by contractors in public procurement proceedings. Most of the contractors represented were small and medium-sized enterprises (SMEs); however responses to the questionnaires were also received from large enterprises. Over half of the respondents indicated that the fee for an appeal to the National Appeals Chamber is appropriate, however, about 40% found it to be too high. As it turns out, this has a direct impact on further actions, as for 40% of respondents the amount of the fee is an obstacle to their filing an appeal. The problem is even more fundamental in the case of appeals against rulings handed down by the National Appeals Chamber filed with the court – for 66% of respondents the amount of the fee prevented them (at least once) from taking advantage of the above remedy. In addition, 66% of contractors also found the fee to be too high. 75% of contractors have not filed a complaint against a ruling of the National Appeals Chamber. As many as 20% of contractors received an advantageous court ruling and yet they were still not awarded the contract. Despite this, none of them have taken any steps in order to obtain compensation from the awarding authority.
The contractors presented very important issues concerning the present appeal system which significantly prevents them from pursuing their rights. The legislator may benefit from the survey’s key conclusions in connection with the pending works on the new public procurement law. The survey shows that for the majority of respondents, including in particular the MSEs, access to the appeal measures is hindered by overly high costs. The question of whether fixed thresholds are really necessary continues to be valid.
In addition, the contractors encountered problems with the application of court rulings by the awarding authorities. The report underlines key problems faced by contractors in the current legal environment and provokes a discussion before the planned legal changes concerning measures of legal protection are enacted.
A file presenting a detailed analysis of the results of the questionnaire is available for download below.
On March 26, 2018, the Board of the Public Procurement Law Association (SPZP) provided the Standing Committee of the Council of Ministers with a letter presenting its remarks and concerns regarding the draft bill on transparency in public life and its potentially adverse impact on the Public Procurement Law and the public procurement market.
The Association believes that some of the provisions contained in the draft bill should not be promulgated in their current wording.
A copy of the letter with the Association’s remarks is available here.
The first Annual Meeting of the Public Procurement Law Association members was held in Warsaw on Tuesday, 20 February 2018, at the offices of Kancelaria Wardyński i Wspólnicy sp. k. The meeting was attended by nearly all members and its agenda included such items as summing up and approving the activities of the Association in 2017, adopting amendments to the Association’s Charter and discussing plans for 2018.
Members of the Association also discussed such issues as: (1) procurements below EU thresholds, (2) certain premises for exclusion of certain contractors from public procurement proceedings, (3) certain issues connected with appeals against KIO awards, as well as (4) the bill on Public Life Transparency.
In the course of the ensuing discussions, working teams were set up to develop the Association’s official stance and legislative suggestions with regard to the above.