Write to us: kontakt@stowarzyszeniepzp.pl
Write to us: kontakt@stowarzyszeniepzp.pl
On March 5, 2025, the Public Procurement Law Association hosted an international hybrid conference dedicated to analyzing the implications of the Court of Justice of the European Union's ruling in the Kolin case (C-652/22). The event gathered distinguished experts from Poland and abroad, who shared insights on the ruling’s impact on national regulations and public procurement practices.
The conference was opened by Katarzyna Kuźma, Vice President of the Public Procurement Law Association, who highlighted the ruling's significance for the EU public procurement market. Following her speech, the event’s guest of honor, Przemysław Grosfeld, Vice President of the Polish Public Procurement Office, presented the Public Procurement Office’s position on the CJEU judgment and the need for amendments to the Polish Public Procurement Law.
The first panel, moderated by Jan Roliński, a board member of the PPLA, featured speakers including Dr. hab. Piotr Bogdanowicz, Professor Daniel Sarmiento, Dr. Pedro Telles, and Professor Martin Trybus. They discussed the interpretation of the Kolin case from an EU law perspective and its practical consequences.
The second panel, led by Mirella Lechna-Marchewka, a board member of the PPLA, brought together Adina Chilim-Dumitriu, Dr. Wojciech Hartung, Maja Kuhar, and Professor Tünde Tátrai. They examined how the CJEU ruling influences national case law and procurement practices across various EU member states.
The conference provided an excellent platform for exchanging experiences and views between academia and public procurement practitioners. The discussions underscored the complex legal landscape that market participants now face in the wake of the C-652/22 ruling — a decision that leaves much room for interpretation rather than clear-cut solutions.
On behalf of the Public Procurement Law Association, we are delighted to invite you to an international conference:
Access of Contractors From So-Called Third Countries to EU Public Procurement Market.
Impact Of ECJ Kolin Case (C-652/22) on National Procurement Regulations And Practice.
during which renowned Polish and foreign experts will explore the far-reaching implications of the European Court of Justice ruling in the Kolin Case (C-652/22). This landmark decision has significantly shaped national procurement regulations and practices, prompting in-depth discussions and analyses that will provide valuable insights for both academics and practitioners.
AGENDA
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15.00-15.10 |
Opening speech Katarzyna Kuźma, Vice-chairman of the Public Procurement Law Association, Partner at DZP Domański Zakrzewski Palinka |
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15.10-15:55 |
Panel discussion: Interpretation of the Kolin case from the EU law perspective – its practical implications Panelists: dr hab. Piotr Bogdanowicz, professor at the University of Warsaw, Counsel at Clifford Chance, Janicka, Krużewski, Stosio i wspólnicy law firm; professor Daniel Sarmiento, University Complutense of Madrid; dr Pedro Telles, Copenhagen Business School; professor Martin Trybus, Birmigham Law School; Moderator: Jan Roliński, board member of the Public Procurement Law Association, Partner at WKB Wierciński Kwieciński Baehr |
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15:55-16.10 |
Coffee break |
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16.10-16:55 |
Panel discussion: Impact of the Kolin case on the national legislation and practice Panelists: Adina Chilim-Dumitriu, Partner at Nestor Nestor Diculescu Kingston Petersen law firm; dr Wojciech Hartung, Counsel at Domański Zakrzewski Palinka law firm; Maja Kuhar, Head of State Commission for Supervision of Public Procurement Procedures in Croatia; professor Tünde Tátrai, Corvinus University of Budapest, member of the International Research Study of Public Procurement; Moderator: Mirella Lechna-Marchewka, board member of the Public Procurement Law Association, Managing Partner at Wardyński i Wspólnicy |
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16:55-17:15 |
Summary of the conference, Q&A session |
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17.15 – 18:30 |
Networking |
This event offers a unique platform for dialogue among international and Polish academics and public procurement professionals. The conference will be conducted in English.
Date & time: 5 March 2025 | 15:00 – 18.30
Location: DZP’s office in Warsaw: Rondo ONZ 1, 22nd floor and on-line (via Microsoft Teams)
As space is limited, we encourage you to secure your place by registering via this link by 1 March. We look forward to welcoming you to an engaging and thought-provoking conference!
W dzienniku Rzeczpospolita ukazał się artykuł pt. „Wykonawca może powołać się na zasoby finansowe innego podmiotu", którego autorką jest Ludmiła Kitaszewska, członek SPZP.
Autorka szczegółowo omawia przewidzianą w art. 118 PZP możliwość polegania przez wykonawcę na potencjale podmiotów trzecich w celu potwierdzenia spełniania warunków udziału w postępowaniu lub kryteriów selekcji, która stanowi atrakcyjny i szeroko stosowany w praktyce mechanizm. Korzystają z niego nie tylko te podmioty, które działają w jednej grupie kapitałowej i realizują poprzez poszczególne spółki z grupy odmienne działania (np. sprzedażowe, serwisowe czy finansowe), ale również mali i średni przedsiębiorcy, którzy samodzielnie, bez wsparcia innych podmiotów, nie mieliby dostępu do pewnej kategorii zamówień.
Mimo iż możliwość korzystania z zasobów podmiotów trzecich stanowi elastyczny i atrakcyjny mechanizm, to powołanie się na potencjał podmiotu trzeciego w celu wykazania spełnienia warunku udziału w postępowaniu musi mieć zawsze realny, a nie jedynie blankietowy charakter.
Treść publikacji jest dostępna w elektronicznej wersji dziennika.
Wyzwania i szanse związane z rozwojem Kolei Dużych Prędkości był tematem głównym Międzynarodowej Konferencji Naukowo-Technicznej „Rozwój Kolei Dużych Prędkości w Polsce – High Speed Railway in Poland 2024”, która odbyła się w zeszłym tygodniu w Łodzi.
Wydarzenie, które było zorganizowane przez Stowarzyszenie Inżynierów i Techników Komunikacji RP (SITK) w dniach 28-30 października, miało na celu stworzenie platformy do wymiany wiedzy na temat planów i wyzwań związanych z rozwojem KDP w Polsce, czyli systemu infrastruktury i taboru kolejowego, który umożliwi przewozy pasażerskie z prędkościami powyżej 200 km/h.
W ramach konferencji odbyła się sesja z prezentacjami pod patronatem Stowarzyszenia Prawa Zamówień Publicznych, która skupiła się na aspektach środowiskowych, organizacyjnych oraz prawnych związanych z realizacją systemu KDP w Polsce. Aldona Kowalczyk, prezes SPZP, Partner w kancelarii Dentons, przybliżyła uczestnikom kwestie związane z dostępem wykonawców spoza UE do przetargów w Polsce i obowiązkiem badania subsydiów zagranicznych w zamówieniach publicznych, a Tomasz Michalczyk, członek SPZP, Partner w kancelarii DZP opowiedział o strukturze udziału w postępowaniu w kontekście optymalnego wykorzystania doświadczeń i potencjału wykonawców zagranicznych. Ostatnia prezentacja, którą wygłosił Piotr Trębicki, członek SPZP, Partner w kancelarii Trębicki Hołowińska skupiła się wokół tematyki przetargów infrastrukturalnych i wprowadzenia w błąd zamawiającego a wykluczenia z postępowania.
Poniżej przedstawiamy kluczowe wnioski z ww. prezentacji:
From October 28 to 30, 2024, the International Conference "High speed Railway Poland 2024" will take place in Łódź. Organized by the Association of Engineers and Technicians of Communication in Poland (SITK), the event aims to create a platform for exchanging knowledge about the plans and challenges related to the development of High-Speed Rail (HSR) in Poland, considering technical, organizational, and legal aspects.
The conference will also feature a presentation session under the patronage of the Public Procurement Law Association (SPZP), focusing on environmental, organizational, and legal aspects related to the implementation of the HSR system in Poland. The session will be moderated by Prof. Juliusz Engelhardt from the University of Szczecin, Vice-Chairman of the High-Speed Rail Committee of SITK, and Dr. Janusz Bohatkiewicz, Professor at the Cracow University of Technology and Director of the Research Institute of Roads and Bridges.
During this session, SPZP experts will present on the following topics:
"Access of non-EU contractors to tenders in Poland and the obligation to investigate foreign subsidies in public procurement - Practical Issues" - Aldona Kowalczyk, President of SPZP, Partner at Dentons;
"Structure for participation in a procedure in the context of optimal use of the experience and potential of foreign contractors" - Tomasz Michalczyk, SPZP Member, Partner at DZP;
"Misleading the contracting entity and exclusion from a procedure. Infrastructure Tenders" - Piotr Trębicki, SPZP Member, Partner at Trębicki Hołowińska.
Other presentations will focus on topics such as safety aspects in the HSR system and environmental challenges related to railway investments.
The goal of the HSR PL 2024 conference is to create a forum for key stakeholders in the railway transport sector. The conference will particularly concentrate on innovations in High-Speed Rail systems and their implementation in Poland, as well as technological and infrastructural challenges, with a special emphasis on sustainable development and international cooperation for the integration of Polish railway transport into the European network.
>>AGENDA<<
For more information, please visit the organizer's website.
The impact of EU public procurement law on Polish regulations and practice was the main topic of the international conference “20 years of Poland in the EU – challenges and opportunities for the Polish public procurement system” which was held on 26 September in Warsaw. The event, organised by the Public Procurement Law Association and the Chair of European Law at the Faculty of Law and Administration at the University of Warsaw, brought together international and Polish experts: academics, public procurement practitioners and representatives of state institutions.
The conference was opened by Aldona Kowalczyk, President of the Public Procurement Law Association, and Piotr Bogdanowicz, member of the board of the Public Procurement Law Association, while Agnieszka Olszewska, President of the Public Procurement Office, gave a speech on the 20th anniversary of Poland's accession to the European Union. This was followed by three thematic sessions during which national and foreign experts talked about, among other things, demonstrating fulfilment of the experience requirement, grounds for exclusion, the functioning of consortia and the use of third parties, as well as amendments to public procurement contracts.
During the event, judgments of the Court of Justice of the European Union (“CJEU”), handed down as a result of questions referred by the National Appeal Chamber for preliminary rulings, were repeatedly cited by both Polish and foreign speakers. Worth noting is that Poland has also contributed to the development of EU case law on public procurement.
A lively discussion ensued on topics related to multi-entity participation (consortia, use of third party resources) in procedures conducted under the Public Procurement Law regime and the possibility of changes being made in this respect, both during the tender procedure and after contract conclusion.
However, the CJEU judgments in the Bulgarian Obshtina Razgrad case led to a consideration of the extent to which it may be applicable in the Polish context due to the special form required in Poland for the conclusion of a public procurement contract, which under the Civil Code also extends to annexes to contracts.
The discussion on the German request for a preliminary ruling in the Fastned Deutschland and Tesla Germany case , which is still pending before the CJEU, demonstrates the importance of the issue of amending contracts excluded from the scope of application of the EU procurement directives.
We list below the speeches given during the conference:
Selected presentations and materials from the conference will be posted on the Public Procurement Law Association's website in the coming weeks.
W dzienniku Rzeczpospolita ukazał się artykuł pt. „Wykonanie prac nie zawsze może poczekać", którego autorem jest Andrzej Czerniak, członek SPZP.
Autor przeanalizował mechanizmy udzielenia zamówienia publicznego w sytuacjach kryzysowych, takich jak powódź czy pożar, w których wymagana jest szczególnie szybka reakcja zamawiającego. Ustawa – Prawo zamówień publicznych przewiduje dwa tryby, na mocy których zamawiający może udzielić zamówienia bez wszczynania postępowania poprzez publikację ogłoszenia. Chodzi o tryb negocjacji bez ogłoszenia i tryb zamówienia z wolnej ręki, które mogą być zastosowane przez zamawiającego, m.in. gdy nie można zachować terminów określonych dla pozostałych trybów. Choć mechanizmy wskazane w PZP umożliwiają szybkie i sprawne udzielenie zamówienia, nie zapewniają konkurencyjności, dlatego obwarowane są szczególnie restrykcyjnymi przesłankami.
Treść publikacji jest dostępna w elektronicznej wersji dziennika.
Along with the Chair of European Law at the University of Warsaw's Faculty of Law and Administration, we are pleased to invite you to the international conference:
“20 years of Poland in the EU – challenges and opportunities for the Polish public procurement system”
during which Polish and foreign experts will discuss how EU public procurement law has shaped Polish regulations and has influenced and continues to influence how they are applied in practice. The theme of the event is the 20th anniversary of Poland's accession to the European Union.
AGENDA
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9.15-9.30 |
Registration |
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9.30- 9.35 |
Conference opening |
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9.35-9.45
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Welcome speech and address: 20th anniversary of Poland’s accession to the EU |
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9.45-10.45 |
Demonstrating the fulfilment of the experience condition
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10.45-11.45
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Operations of consortia vs. using third parties
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11.45 – 12.45 |
Lunch |
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12.45 – 13.45 |
Exclusion grounds
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13.45-14.00 |
Coffee break |
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14:00 – 15.00 |
Amendments to a public procurement contract
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15.00 – 15.10 |
Conference summary |
Date and place: 26 September 2024 | 9:30–15:10 | Faculty of Law and Administration at the University of Warsaw (Collegium Iuridicum II), Lipowa 4 street, room A.2.
The event will bring together international and Polish academics and public procurement practitioners, as well as representatives of state institutions. The conference will be conducted in English and translated into Polish. The number of places is limited.
Please register by 23rd September by this link: REGISTRATION.
Save the date: “20 years of Poland in the EU – challenges and opportunities for the Polish public procurement system” Conference
26 September 2024 | 9:30–16:00 | Warsaw
During the international conference organized by the Public Procurement Law Association and the Chair of European Law at the University of Warsaw's Faculty of Law and Administration, Polish and foreign experts will discuss how EU public procurement law has shaped Polish regulations and has influenced and continues to influence how they are applied in practice. The theme of the event is the 20th anniversary of Poland's accession to the European Union.
Topics to be discussed include demonstrating fulfilment of the experience condition, grounds for exclusion, the functioning of consortia and the use of third parties, and amendments to public procurement contracts.
Date and place: 26 September 2024 | 9:30–16:00 | Faculty of Law and Administration at the University of Warsaw (Collegium Iuridicum II), Lipowa 4 street, room A.2.
The event will bring together international and Polish academics and public procurement practitioners, as well as representatives of state institutions.
The conference will be conducted in English.
The meeting programme will be available at the beginning of September. Please save the date on your calendars: REGISTRATION. The number of places is limited.
On May 15, 2024, the final oral stage of the IV edition of the Moot Court tournament for law and administration students, "Legal Representation before the National Appeal Chamber," took place at the Public Procurement Office headquarters in Warsaw.
The tournament was organized by the Public Procurement Law Association. The IV edition was held under the honorary patronage of the President of the Public Procurement Office, Hubert Nowak, and the President of the National Appeal Chamber, Jan Kuzawiński. The award ceremony was attended by the Director General of the PPO, Marek Redźko, and Jan Roliński, Board Member of the SPZP.
The cash prize for the first place was funded by the Public Procurement Law Association and the Public Procurement Law Section of the Warsaw Bar Association.
The final competition involved teams from four universities:
Team 1 - Adam Mickiewicz University (supervisor: Dr. Jarosław Kola):
Anna Cynkarz
Jakub Bronka
Szymon Siuda
Alex Zinenko
Team 2 - Kozminski University in Warsaw (supervisor: Dr. Zofia Snażyk):
Zuzanna Nowak
Adam Roszkowski
Alicja Ziemlińska
Team 3 - Cracow University of Economics (supervisor: Dr. Małgorzata Moras):
Martyna Abram
Kamila Bochniarz
Pola Filipowicz
Katarzyna Leszczyńska
Aleksandra Pintal
Team 4 - University of Szczecin (supervisor: Adv. Piotr Mazuro):
Weronika Lencewicz
Julia Pakuła
Marita Romańczuk
Katarzyna Rytwińska
The final part consisted of teams acting as legal representatives of contractors in a simulated hearing before the National Appeal Chamber (NAC).
The competition was judged by a jury consisting of:
Jan Kuzawiński – President of the National Appeal Chamber
Paulina Sawicka – representative of the Public Procurement Law Section of the Warsaw Bar Association
Magdalena Grabarczyk – former member of the National Appeal Chamber (2007 - 2022)
Sylwester Kuchnio – former member of the National Appeal Chamber (2009 - 2017)
Members of the PPLA assumed the role of the contracting authority:
Adv. Irena Skubiszak
Adv. Żaneta Urbaniak
Adv. Michał Wojciechowski
Adv. Witold Sławiński
The final closely resembled actual proceedings before the NAC. In evaluating the oral presentations, the judges considered not only their substantive quality but also the composure and ability to respond to the jury's questions and the precision of the rebuttals.
Results of the IV edition of the Moot Court: "Legal Representation before the National Appeal Chamber":
First place - University of Szczecin
Second place ex aequo was awarded to the remaining teams:
Adam Mickiewicz University in Poznań
Kozminski University in Warsaw
Cracow University of Economics
Moreover, this year's jury decided to award the title of "best speaker" to two students:
Julia Pakuła from the University of Szczecin team
Szymon Siuda from the Adam Mickiewicz University team
"We are very pleased that another edition of our tournament has attracted so much interest. This event is an important part of the Association's educational mission, and we believe it will contribute to the popularization of public procurement law among students and encourage them to pursue careers in this field," added Wojciech Merkwa, Board Member of the Association.
Congratulations to the winners and all participants!
In the Rzeczpospolita daily, an article titled "False statement by a third party – rights of the contractor and the client" appeared, authored by Paulina Sawicka, a member of SPZP.
The author analyzes issues related to false statements by third parties in Public Procurement Law. She focuses on Article 122 of the act, which allows the client to demand that the contractor replace the third party if it has provided false information. She emphasizes that jurisprudence on this matter is divided, both at the national level and in light of rulings by the European Court of Justice, which often take a more liberal approach to the possibility of replacing the third party.
The content of the publication is also available in the electronic version of the daily.
In a comment on an article authored by Sławomir Wikariak, published in Dziennik Gazeta Prawna, Aldona Kowalczyk, the President of the SPZP Board, points out the difficulties associated with certifying the knowledge and experience of contractors under the new law on certification of public procurement contractors.
According to Aldona Kowalczyk, standardizing the requirements for experience and qualifications is problematic, especially in the context of complex and innovative orders. This issue is a key challenge for the effectiveness and efficiency of the certification system.
The article is available in the electronic version of the daily.
In the Rzeczpospolita daily, an article titled "For whom is the Polish public procurement market" appeared, authored by Michał Wojciechowski, a member of SPZP.
The author discusses the participation of foreign contractors in the Polish public procurement market, noting that their presence is relatively low but increasing, especially in the context of strategic infrastructure investments. In 2022, foreign contractors accounted for 24% of the value of orders exceeding EU thresholds. Michał Wojciechowski points out changes in the law that may affect the market's accessibility for foreign firms, which has sparked controversy among local contractors. He also addresses examples from Romania and Croatia, where regulations have been introduced to limit the participation of foreign firms in public tenders, illustrating the dynamic and complex relationship between openness and the protection of national interests in the public procurement market.
The content of the publication is also available in the electronic version of the daily.
In the daily Rzeczpospolita, an article titled "The contractor's contractual past – the continuation of an endless story..." by Wojciech Merkwa, a board member of SPZP, was published.
The author discusses changes in Polish Public Procurement Law related to the introduction of the Single European Procurement Document (SEPD), emphasizing its aim to simplify and informalize tender procedures. However, he points out resulting problems, such as issues regarding the truthfulness of submitted declarations and ambiguities concerning the required level of detail in information.
The publication is also available in the electronic version of the daily.
An article titled "The commitment to provide resources is not everything" by Weronika Jędrzejewska, a member of SPZP, was published in the Rzeczpospolita daily.
The author discusses the legal consequences associated with the commitment to provide resources in the context of Public Procurement Law. She points out the growing protection of subcontractors in the supply chain for public orders and the duties and risks arising from subcontracting commitments. She emphasizes that the commitment to provide resources itself is not treated as a preliminary agreement and does not always lead to the conclusion of a subcontracting agreement.
The publication is also available in the electronic version of the daily.
We invite students from faculties of law and administration to participate in the fourth edition of the Moot Court tournament: "Legal representation before the National Appeals Chamber".
The competition is organized by The Public Procurement Law Association, in partnership with the Public Procurement Law Section of the Warsaw Bar Association.
The President of the Public Procurement Office (UZP) and the President of the National Appeals Chamber (NAC) have granted their honorary patronage to the fourth edition of the tournament. Thanks to the courtesy of the President of the UZP, this year's final will be of a unique nature and will take place in the courtroom at the headquarters of the UZP.
The tournament consists of a simulation of proceedings before the NAC based on a case study related to the issue of conducting proceedings for the award of public contracts in accordance with the Public Procurement Law regulations.
We invite 2-5 member teams along with their tutors, selected in qualifications by universities, to participate. Tutors wishing to register their teams are asked to do so using the registration forms, which should be sent to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it..
We foresee a cash prize of 8,000 PLN for the team that takes first place, jointly funded by the Association of Public Procurement Law and the Warsaw Bar Association.
Schedule:
The Organizer reserves the right to change the tournament schedule.
More information is available in the rules.
An article titled "Who and when is responsible for the violation of public finance discipline" by Irena Skubiszak-Kalinowska, a member of SPZP, was published in the Rzeczpospolita daily.
The author discusses the principles of liability for violations of public finance discipline, emphasizing that effective accountability requires meeting strictly defined conditions. She points out the need for a thorough analysis of whether a violation has occurred, assessment of culpability, and the harmfulness of the act to public finances, noting that this process is complex and requires careful consideration of each case.
The publication is also available in the electronic version of the daily.
In the Rzeczpospolita daily, an article titled "Appellate proceedings may proceed without a Verdict" appeared, authored by Anna Prigan, a member of SPZP.
The author emphasizes various aspects and legal consequences of withdrawing an appeal, the acknowledgment of the appeal by the contracting authority, and situations in which the appellate proceedings become unnecessary or inadmissible.
The content of the publication is also available in the electronic version of the daily.
In the Rzeczpospolita daily, an article titled "The Problem of Employment During the Execution of Public Orders" appeared, authored by Andrzej Czerniak, a member of SPZP.
The author discusses problems related to employment in the execution of public orders. He emphasizes that although the 2019 law imposed an obligation on contractors to define requirements related to employment based on a contract of employment, in practice there is a lack of precision in documenting employment and controlling the fulfillment of requirements, as well as guidelines for sanctions.
The author notes that these deficiencies lead to inadequate implementation of control and may discourage the application of regulations intended to protect forms of employment for workers.
The content of the publication is also available in the electronic version of the daily.
In the "Rzeczpospolita" daily, an article titled "Recommendations for Contractual Penalty Provisions" was published, authored by Martyna Wójcik, a member of SPZP.
The article addresses recommendations from the General Procuratorate of the Republic of Poland on formulating contractual penalty provisions in the area of public procurement. The General Procuratorate provides practical guidelines on formulating such provisions, based on art. 483 of the Civil Code.
The author explains the concept of a contractual penalty, presents the purpose of the recommendations, and provides guidance on their inclusion in contracts.
The content of the publication is also available in the electronic version of the daily.
In the Rzeczpospolita daily, an article titled "Relying on the economic situation of a third party" was published, authored by Agnieszka Matusiak, a member of SPZP.
The author discusses the rules of utilizing the economic resources of a third party by the contractor in the context of public procurement procedures. She emphasizes the necessity for the contractor to prove that they will indeed have access to the shared resources during the execution of the order.
She also points to the obligation of the ordering party to verify the fulfillment of participation conditions and selection criteria by the contractor, as well as the possibility of joint liability of the third party and the contractor for any damage incurred by the ordering party in case of non-provision of resources.
The publication is also available in the electronic version of the daily.
In the "Rzeczpospolita" daily, an article titled "Tax rate and pricing mistake – searching for a solution" has been published, written by Tomasz Michalczyk, a member of SPZP.
The article addresses the issues of applying the incorrect VAT rate in bids during public procurement processes. Errors in including the rate can lead to the rejection of the bid, though this shouldn't always be the case.
The content of the publication is also available in the electronic version of the daily
In the "Rzeczpospolita" daily, an article titled "The Winding Road to Greater Reciprocity in Markets" was published, written by Ludmiła Kitaszewska, a member of SPZP.
The author discusses the International Procurement Instrument (IZM), emphasizing that its aim is to ensure reciprocity in public procurement markets. This instrument is designed to counteract practices by third countries that limit the access of European companies. The author points out that, although the IZM looks promising, it might have unintended effects on competition. The key is its responsible and non-discriminatory use.
The content of the publication is also available in the electronic version of the daily.
In the "Rzeczpospolita" daily, an article titled "Sustainable Development as a Criterion to Meet" has been published, authored by Dr. Grzegorz Wąsiewski, a member of SPZP.
The author emphasizes the importance of considering ESG in public procurement, analyzes potential challenges and conflicts associated with this process, and presents the legal framework for action in this area in both the European and Polish contexts.
The content of the publication is also available in the electronic version of the daily.
On August 31, 2023, the Public Procurement Law Association submitted comments to the Ministry of Development and Technology regarding the draft law on the certification of public procurement contractors and on the amendment of certain other acts.
The Association draws attention to, among other things:
The members of the Public Procurement Law Association suggest, among others, the following changes to the draft law:
The full text of the submitted comments is available at the link.
In the "Rzeczpospolita" daily, an article titled "Orders in the IT Industry and Unconventional Forms of Payment" was published, co-authored by Dr. Jakub Krysa, a member of SPZP.
Orders in the IT industry often take on unconventional forms of payment, which can lead to challenges in classifying these contracts under public procurement law. While some contracts may appear to be free, such as trial versions of software, they can contain hidden mutual services that in fact bring economic benefits. Therefore, it's important to have a precise understanding of the definition of "payment" in the context of the law and an individual analysis of each contract.
The content of the publication is also available in the electronic version of the newspaper.
In the "Rzeczpospolita" daily, an article titled "Minimum Wage and Strikingly Low Price" was published, authored by Paulina Sawicka, a member of SPZP.
The author explains that a contractor, even if they employ personnel based on a contract of mandate or a B2B contract, cannot offer an hourly rate lower than that stipulated by the applicable regulations. An important point is that the latest KIO ruling reverses the previous practice, whereby the obligation to include the minimum wage or rate in costs only applied to employment under a contract of employment. Now, the ruling emphasizes the importance of the statutory minimum wage, regardless of the type of contract.
The content of the publication is also available in the electronic version of the newspaper.
An article titled "Public Procurement: Can a Power of Attorney be Supplemented?" has been published in the Rzeczpospolita daily, co-authored by Tomasz Zalewski, a member of the SPZP Audit Committee.
The article discusses the issue of supplementing power of attorney within public procurement. Since 2019, the Public Procurement Law allows for the supplementation of deficiencies in the power of attorney during the appeal process. However, the law does not specify what deficiencies in the power of attorney can be supplemented.
The case law practice of the National Appeal Chamber shows that supplementing the deficiencies in the power of attorney when submitting an application is only possible when the correct power of attorney was mistakenly not attached to the application. In cases where the power of attorney was not attached to the application, supplementing deficiencies is impossible.
The authors of the article question this interpretation of the regulations, arguing that it does not directly follow from their content.
The content of the publication is also available in the electronic version of the daily.
An article titled "What's with these facilitations in public procurement law?" has appeared in the Rzeczpospolita daily, authored by Wojciech Merkwa, a member of the SPZP Board.
The article discusses controversies surrounding Article 117 of the Public Procurement Law in Poland, which imposes experience requirements for contractors bidding for public procurement.
The author emphasizes that this regulation can hinder small and medium-sized enterprises from gaining experience and expanding their business, as it requires them to have specific experience before they can implement a given investment.
The content of the publication is also available in the electronic version of the daily.
An article titled "Troubles with Interpreting the Exclusion Period of a Contractor" by Jaroslaw Jerzykowski, a member of SPZP, appeared in the Rzeczpospolita daily.
"The occurrence of an exclusion premise in relation to the contractor eliminates him from the public procurement procedure, and his offer is subject to rejection (Art. 226 section 1 point 2 letter a) of the Act of September 11, 2019 - Public Procurement Law (consolidated text Journal of Laws from 2022 item 1710 as amended - p.z.p.)). Circumstances constituting the exclusion premises from the proceedings have a very diverse character, but their common denominator is the imposition of a penalty on the contractor in the form of elimination from the public procurement procedure due to an undesirable legal or factual situation in which he found himself."
The author analyzes interpretive difficulties associated with the exclusion period of a contractor from a public procurement procedure, as described in Polish Public Procurement Law. The exclusion of a contractor, who meets certain conditions, is a crucial part of the public procurement process. The article particularly emphasizes ambiguities related to the interpretation of the exclusion period for different premises, such as conclusion of an agreement disrupting competition (tender collusion) or improper performance of significant obligations arising from previous contracts. Some of these issues have already been interpreted by the National Appeals Chamber and the Court of Justice of the European Union, however, there are still ambiguities, which emphasizes the need for more precise legal regulations.
The content of the publication is also available in the electronic version of the daily.
An article titled "Sole Source Procedure for Defense-Road Procurements" by Żaneta Urbaniak, a member of the Polish Public Procurement Law Association (SPZP), was published in Rzeczpospolita daily.
"On May 23, 2023, a governmental bill was submitted to the Sejm – amending the act on the provision of information about the environment and its protection, public participation in environmental protection, and environmental impact assessments, along with some other laws (the 'bill'). A first glance at the title might suggest that this bill would not be particularly important for those involved in public procurement. However, even a cursory reading of the proposed bill dramatically changes that first impression. Indeed, according to Article 7 of the bill, the Polish legislator has effectively decided to introduce a new justification for sole source procurement. Furthermore, it has also decided to exempt the provisions on the procurement commission (Article 53-55 of the Act of September 11, 2019 - Public Procurement Law - 'PPL') and on publishing obligations (Article 216 PPL)."
The article discusses a bill introducing a new justification for awarding public contracts through a sole source procurement method, related to defense-road investments. It highlights ambiguities in the bill, such as the lack of definition of an "element essential for defense," and the possibility of awarding contracts without publishing information about them. It emphasizes the necessity to observe further work on the bill due to its potential impact on the road infrastructure sector.
The article is also available in the electronic version of the daily.
