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An article titled "Indexation clause - panacea for inflation or placebo" by Martyna Wójcik, a member of the Public Procurement Law Association, was published in the Rzeczpospolita daily.

"The normative regulation of art. 439 par. 1 of the public procurement law in its original wording obliged contracting authorities to define in public procurement contracts, whose subject matter are construction works or services, concluded for a period longer than 12 months, the rules for changing the amount of remuneration due to the contractor in the event of a change in the price of materials or costs related to the implementation of the contract."

The article deals with changes in the Public Procurement Law in Poland, which introduce the obligation to include an indexation clause in public procurement contracts concluded for a period longer than 6 months. This change was introduced in response to the constant, extraordinary increase in the prices of goods and services observed since the second quarter of 2022, caused by the COVID-19 pandemic and the war in Ukraine.

However, differences in the interpretation and application of the new regulation are visible in the rulings of the National Appeal Chamber, resulting from the lack of a clear specification of the purpose of the indexation clause. Some rulings emphasize the need to adjust remuneration to changed market conditions, others focus on a strictly linguistic interpretation of the Public Procurement Law provisions.

The content of the publication is also available in the electronic version of the daily.

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