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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.

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