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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:

  • Certification in terms of technical and professional capacity poses significant practical problems (especially in terms of certifying knowledge and experience).
  • Implementing the regulations in the proposed form may lead to the acceptance of superficial actions on the part of the contractors (including because the validity period of certificates is not correlated with the validity period of the entity documents).
  • Many provisions, including those concerning, among others, the course of the verification procedure conducted by authorized appeal bodies or the suspension of the certificate, are inadequate.

The members of the Public Procurement Law Association suggest, among others, the following changes to the draft law:

  • Limiting certification to the conditions for participation in the procedure referred to in art. 112 sec. 2 points 1-3 of the Pzp.
  • Shortening the validity period of the certificate to 1 year.
  • Introducing provisions that prevent a situation where the failure to obtain a certificate in practice will close the given contractor's opportunity to apply for the order.

The full text of the submitted comments is available at the link.

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