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In today's legal supplement of the Rzeczpospolita daily, an article titled "Invalidation of proceedings due to their defect", authored by Marzena Jaworska, a member of SPZP, was published.

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

In the latest legal supplement of the Rzeczpospolita daily, an article titled "The principle of proximity in the export of infectious medical waste", authored by Martyna Wójcik, a member of SPZP, was published.

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

In today's supplement to the Rzeczpospolita daily regarding case law, an article titled "When lifting the prohibition of contract conclusion is possible" was published. The author is Agnieszka Matusiak, a member of SPZP.

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

In today's supplement to the Rzeczpospolita daily regarding case law, an article titled "In tenders, you have to count on the worst-case scenario" was published. The co-author is Anna Specht-Schampera, a member of the SPZP board.

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

On December 6, 2022, at the headquarters of the District Bar Council in Warsaw, the final oral stage of the III edition of the tournament for students of law and administration faculties - Moot Court: "Legal representation in proceedings before the National Chamber of Appeal" took place.

The tournament was organized by the Association of Public Procurement Law. The President of the Public Procurement Office - Hubert Nowak, who took part in the award ceremony, took the honorary patronage over the III edition.

The Association of Public Procurement Law and the Section of Public Procurement Law of the District Bar Council in Warsaw were the founders of the cash prizes for taking first place.

The Public Procurement Office offered a prize in the form of unpaid internships for members of both teams - the finalists of the tournament. In addition, 2-3 month paid internships for members of the teams - finalists of the tournament, were offered by the following law firms:

  • Andersen Tax & Legal Srokosz and Partners sp.k.
  • Bird & Bird Szepietowski and partners sp.k.
  • BSJP Brockhuis Jurczak Prusak Sroka Nilsson sp.k.
  • Clifford Chance, Janicka, Krużewski, Namiotkiewicz and partners sp.k.
  • Dentons Europe Dąbrowski and Partners sp. k.
  • Domański Zakrzewski Palinka sp. k.
  • JDP Drapała & Partners sp.j.
  • Jerzykowski and Partners sp. k.
  • Law Firm Schampera, Dubis, Zając and Partners sp.k.
  • Sołtysiński Kawecki & Szlęzak Legal Advisors and Advocates Limited Partnership
  • Wardyński and Partners sp.k.
  • WKB Wierciński, Kwiecinski, Baehr sp. k.

This year's tournament was divided into two parts. Teams from five universities took part in the competition:

Team 1 - Adam Mickiewicz University (supervisor: Dr. Jarosław Kola)
Jakub Derda
Aleksandra Grabowska,
Maksymilian Nagalski,
Szymon Siuda,
Karol Wundziński.

Team 2 - University of Warsaw (supervisor: Prof. UW Dr. Piotr Bogdanowicz)
Jakub Szymanowski,
Filip Marczyk,
Marcin Gorzkowski,
Patryk Stankiewicz,
Wiktor Ołdak.

Team 3 - University of Białystok (supervisor: Dr. Renata Tanajewska)
Natalia Kozłowska,
Krystian Kruszyński.

Team 4 - University of Łódź (supervisor: Dr. Anna Górczyńska)
Karolina Krupińska,
Wincent Chrapowicki,
Peter Kozicki,
Michał Płuska,
Szymon Zasina.

Team 5 - University of Szczecin (supervisor: Martyna Wójcik)
Katarzyna Rytwińska,
Alicja Ziemlińska,
Jakub Waszkiewicz.

In the first stage of the competition, the quality of legal argumentation and its presentation, as well as the formal correctness of the letters, were taken into account when assessing the procedural letters. The final part involved the teams participating as representatives of the parties in a simulated hearing before the National Appeals Chamber (KIO).

The competition was judged by the Jury consisting of:
Jan Kuzawiński - Vice President of the National Appeals Chamber,
Ewa Kisiel - representative of the Section of Public Procurement Law of the District Bar Council in Warsaw,
Sylwester Kuchnio - member of the Association of Public Procurement Law,
Wojciech Merkwa - member of the Association of Public Procurement Law.

The final of the competition resembled real struggles before the KIO. Evaluating the oral performances, the jurors took into account not only their substantive level, but also coolness and the ability to react to questions from the members of the jury and the accuracy of the replies.

The results of the III edition of the Moot Court tournament: "Representation in proceedings before the National Appeals Chamber" are as follows:
1st place - University of Warsaw
2nd place - University of Szczecin

"We are glad that the third edition of the competition, which is part of the educational mission of our Association, has again met with such great interest. We hope that our Moot Court will contribute to the increase in popularity of public procurement law among students and encourage them to link their career path with this area of law" - added Aldona Kowalczyk, President of the Board of the Association.

Congratulations to the Winners and all Participants!

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In today's supplement to the Rzeczpospolita newspaper, focusing on jurisprudence, an article titled "Contractual Penalty as a Ground for Exclusion" was published. The author of the article is Mirella Lechna-Marchewka, a board member of SPZP.

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

The Organiser has amended the tournament timetable, adopting the following chronology of the upcoming competition stages (changes from the existing Timetable are marked in red):

Timetable:

  • By 7 November 2022, 5:00 p.m. - the teams acting as appellants must send their appeals to the organiser.
  • 10 November 2022, the Organiser will communicate to the participants acting as appellants the decision as regards 1 team qualifying for the oral stage, i.e. which team will participate in the simulated hearing before the NAC [on the same day, the Organiser will communicate to the participants acting as contracting authorities of the appeal submitted by this appellant team, which has been qualified for the oral stage].
  • By 21 November 2022, 17:00 - the procurers of the appeal will send their response to the appeal to the organiser.
  • 24 November 2022 - the organiser will communicate to the participants acting as contracting authorities the decision as regards 1 team qualifying for the oral stage, i.e. which team will participate in the simulated hearing before the NAC [on the same day, the organiser will communicate to the appellant previously qualified for the oral stage, of the response to the appeal submitted by this contracting authority team which also qualified for the oral stage].
  • 6 December 2022. - Hearing, oral stage (invite 1 appellant and 1 contracting authority).

Today's supplement to Rzeczpospolita on case-law features an article entitled 'How to become an ordering party that never loses', authored by Tomasz Zalewski, a member of the SPZP audit committee.

The article is also available in the electronic version of Rzeczpospolita.

We would like to inform you that, after analysing and assessing all of the appeals, the competition jury has decided that the team from the University of Szczecin will progress to the next stage. This team’s appeal, as that which was most highly evaluated, will be forwarded to the teams which were assigned the role of the ordering party to prepare a response.

The appeal prepared by the students from the University of Szczecin was selected and assessed as being the best in terms of the comprehensiveness and accuracy of the allegations put forward, as well as the adequacy and proportionality of the grounds drawn up. Also noteworthy were the remarkable professionalism and "legal sense" at this stage of professional development.

The jury also highly assessed the draft appeals sent by the law faculty teams from the Adam Mickiewicz University and the University of Białystok. The jury particularly appreciates the originality and creativity shown by the students in putting forward their appeals and justification.

We congratulate all the teams on a job well done and express the hope that it was a developing adventure and will bear fruit during their future careers.

1. The excerpt from the ToR which has been made available does not contain a passage on the optional grounds for exclusion. Should it be assumed that the Contracting Authority in the documentation of the proceedings provided for the exclusion of the contractor under Article 109(1)(10) of the PPL Act?

Answer: YES, it should be assumed that the Contracting Authority in the documentation of the proceedings provided for the exclusion of the contractor under Article 109 (1) (10) of the PPL Act.

2. May the Employer's/Contractor's representatives act as professional proxies, i.e. be named and sign as e.g. Legal Adviser/Attorney Jan Kowalski?

Answer: Yes. They can.

Almost two years after the law came into force, enough time has passed to examine if the "new" Public Procurement Law has lived up to expectations.

At the conference "2 years of new PPL – an analysis of the experience gained and proposed changes" - together with members of the Association and representatives of authorities and institutions involved in the public procurement system, contracting authorities, and contractors - we exchanged views on problematic issues related to the current solutions in the PPL Act and the direction of necessary changes.

We would like to thank all the experts who accepted the invitation to participate in the panels at the Association's conference for their substantive and constructive discussions. As the Association, we see a need to start a public debate now and develop solutions that will serve all participants in the public procurement market.

 

In accordance with the regulations of the 3rd edition of the Moot Court tournament: “Legal representation before the National Appeals Chamber” announced by the Public Procurement Law Association, we present the student teams that have entered, the tournament case studies, and the composition of the jury:

Team 1 - Adam Mickiewicz University (supervisor: Dr Jarosław Kola)
Jakub Derda
Aleksandra Grabowska,
Maksymilian Nagalski,
Szymon Siuda,
Karol Wundziński.

Team 2 - University of Warsaw (supervisor: Prof. UW Dr. Piotr Bogdanowicz)
Jakub Szymanowski,
Filip Marczyk,
Marcin Gorzkowski,
Patryk Stankiewicz,
Wiktor Ołdak.

Team 3 - University of Białystok (supervisor: Dr Renata Tanajewska)
Natalia Kozłowska,
Krystian Kruszyński.

Team 4 - University of Łódź (supervisor: Dr Anna Górczyńska)
Karolina Krupińska,
Vincent Chrapowicki,
Peter Kozicki,
Michał Płuska,
Szymon Zasina.

Team 5 - University of Szczecin (supervisor: Martyna Wójcik)
Katarzyna Rytwińska,
Alicja Ziemlińska,
Jakub Waszkiewicz.

Files with case descriptions can be downloaded by clicking the link.

Assignment of litigation roles for each team below:

Appellant - Teams no. 1, 3 and 5

Contracting Authority - Teams 2 and 4

The composition of the Jury is as follows:

  • Jan Kuzawiński - Vice President of the National Board of Appeal
  • Ewa Kisiel, representative of ORA in Warsaw (Public Procurement Law Section)
  • Sylwester Kuchnio - member of the SPZP
  • Wojciech Merkwa - member of the SPZP

Today's supplement to Rzeczpospolita concerning case-law features an article entitled "Sometimes it is necessary to make an autocorrection of the selection of the most advantageous offer", authored by Żaneta Urbaniak, member of the SPZP.

The text of the publication is available here.

In today's supplement to the Rzeczpospolita daily on jurisprudence, an article entitled “There are four provisions that are unacceptable” was published by Dr Andrzej Czerniak, a member of the SPZP.

The text of the publication is available here.

Today's Rzeczpospolita supplement on case law features two articles by members of the SPZP:

  • "One panel of the KIO will say yes and another will say no", authored by Martyna Wójcik - content available here.
  • "Experiences with subcontracted work", authored by Wojciech Merkwa - content available here.

The Public Procurement Law Association cordially invites students of law and administration faculties to participate in the third edition of the Moot Court tournament: 'Legal representation before the National Appeals Chamber'.

The organiser of the competition is the Public Procurement Law Association, and the partner is the Public Procurement Law Section of the District Bar Council in Warsaw.
The President of the Public Procurement Office assumes honorary patronage over the third edition of the tournament. This year's edition of the tournament has a special character as the final will be held in the month in which the National Appeal Chamber celebrates its 15th anniversary.

The tournament consists of a simulation of proceedings before the NAC based on case studies involving issues concerning the conduct of public procurement proceedings under Public Procurement Law provisions.

We invite teams of 2-5 participants with their tutors, selected by universities in their qualification processes. Supervisors who wish to enter their teams are asked to do so by completing application forms and sending them to: This email address is being protected from spambots. You need JavaScript enabled to view it..
We anticipate a cash prize of PLN 6,000 for the first place team, funded jointly by the Public Procurement Law Association and the Warsaw Bar Association.

The prize of an unpaid internship for the members of the winning team was offered by the Public Procurement Office. In addition, 2/3-month paid internships for the participants of the teams, the finalists of the tournament, were offered by law firms:

  • Andersen Tax & Legal Srokosz i Wspólnicy sp.k.
  • Bird & Bird Szepietowski i wspólnicy sp.k.
  • BSJP Brockhuis Jurczak Prusak Sroka Nilsson sp.k.
  • Clifford Chance, Janicka, Krużewski, Namiotkiewicz i wspólnicy sp.k.
  • Dentons Europe Dąbrowski i Wspólnicy sp. k.
  • Domański Zakrzewski Palinka sp. k.
  • JDP Drapała & Partners sp.j.
  • Jerzykowski i Wspólnicy sp. k.
  • Kancelaria Prawna Schampera, Dubis, Zając i Wspólnicy sp.k.
  • Sołtysiński Kawecki & Szlęzak Kancelaria Radców Prawnych i Adwokatów Spółka Jawna
  • Wardyński i Wspólnicy sp.k.
  • WKB Wierciński, Kwiecinski, Baehr sp. k.

Schedule:

  • By 25 October 2022 - Completion of qualification at universities and the submission of teams (including the composition of teams and the submission of RODO statements).
  • 26 October 2022 - Publication of case-studies; information on the procedural roles assigned to each team.
  • 28 October 2022 - Teams can submit questions on the content of the case-studies; the organiser publishes the answers without undue delay.
  • By 7 November 2022, 5:00 p.m. - Submission of appeals by teams acting as appellants to the organiser [on the same day, the organiser will forward the appeals to the contracting authority].
  • By 17 November 2022, 5:00 p.m. - Sending responses to the appeals by the ordering parties to the organiser [on the same day, the organiser communicates the aforementioned responses to the appellant].
  • 24 November 2022 - The organiser informs the participants which two teams have qualified for the oral stage, i.e. to participate in the simulated hearing before the NAC (1 appellant and 1 contracting authority are invited).
  • 2 December 2022 – Hearing and oral stages.

We encourage you to participate in the XIII Scientific Conference on Public Procurement entitled ‘Public procurement - role, challenges, perspectives. 15 years of KIO in the public procurement system’, organised by the Public Procurement Office together with the Faculty of Law and Administration of Adam Mickiewicz University in Poznan.
The conference will be held on 27 September 2022 in Poznań in a hybrid format (stationary and online). Members of the Public Procurement Law Association will participate in debates and speeches during the event:

  • Prof. UMK Dr. (hab.) Paweł Nowicki will be an expert on the panel entitled ‘The public procurement market – short- and long-term challenges’, moderated by Dr. Jarosław Kola,
  • Dr. (hab.) Piotr Bogdanowicz will moderate a panel with Aldona Kowalczyk and Dr. Aleksandra Sołtysińska, ‘Influence of the NAC on the shaping of the public procurement system’, and
  • during the conference, the film 'Global perspective on challenges in public procurement' will be shown, presenting the positions of foreign scholars specialising in public procurement law, including Prof. Marta Andhov representing the University of Copenhagen.

The aim of the conference is to discuss the role, challenges, and prospects of public procurement, including its relevance to a country's strategic development goals.

You can find out more about the event and how to participate on the UZP website.

On the occasion of the conference, we would like to draw your attention to the #CrowdSourcingPZP project, as part of which, UZP encourages you to share your insights on the challenges facing Polish law and the public procurement system. You can find the details here.

SAVE THE DATE: the SPZP conference '2 years of the new PPL - analysis of the lessons learned, proposed changes'.
Warsaw, 25 October 2022.

Just before the outbreak of the pandemic, the new Public Procurement Law came into force and, with it, came new problems and challenges in our daily work. As part of a discussion at a stationary conference organised by our Association in Warsaw, to which we invite you on 25 October, we will look at the after effects of its application.

We have divided the event into the following panel discussions:

1. Preparation and conduct of the procedure (including the cancellation of the procedure).
2. Evaluation of tenders.
3. Public procurement contracts.
4. Sectorial contracts and contracts in the fields of defence and security.
5. Legal remedies.
6. The above issues, even if they do not cover all aspects of the application of the Public Procurement Law that we encounter on a daily basis, are, in our view, the most important.

We will soon provide details of the time, venue, conference programme, and registration. In the meantime, we encourage you to reserve the date in your calendar today.

Today's Rzeczpospolita supplement on case law features two articles by SPZP members:

  • "Self-cleaning, error, and exclusion in public procurement" authored by Michał Drozdowicz. The content is available here.
  • "How to organise cloud computing tenders" authored by Dr Jakub Krysa. The content is available here.

In today's supplement to the Rzeczpospolita daily's jurisprudence supplement, an article entitled 'The strategic importance of public procurement' was published by Prof. UMK Dr. (hab.) Paweł Nowicki, a member of the SPZP.

The text of the publication is available here.

In today's supplement to the Rzeczpospolita daily's jurisprudence supplement, an article entitled 'The current valorisation clause is not perfect' was published by Jaroslaw Jerzykowski, a member of the SPZP.

The text of the publication is available here.

Today's supplement to the Rzeczpospolita daily on case-law features an article entitled ‘What is and what is not a mistake in the wording of a bid bond?’ co-authored by Agnieszka Gilowska, Member of the SPZP.

The text of the publication is available here.

Today's supplement to the Rzeczpospolita daily on case-law features an article entitled ‘"What is and what is not a mistake in the wording of a bid bond?",’ co-authored by Agnieszka Gilowska, Member of the SPZP.

The text of the publication is available here.

An article entitled ‘Tender collusion in completed proceedings,’ authored by Michal Gajdek, Member of the SPZP, appeared in the latest supplement to the Rzeczpospolita daily newspaper on case law.

The text of the publication is available here.

The Public Procurement Law Association and the publishing house, Wiedza i Praktyka, invite you to the debate:

"Amendments to procurement contracts in the era of war, inflation, and pandemics".

The event will take place on 31 May 2022 from 10:00 to 12:00

In awarding and executing public contracts in the special conditions related to the war in Ukraine, the COVID-19 pandemic, and the extraordinary increases in the prices and costs of work, huge challenges are posed even for the most experienced participants in the public procurement market. Representatives of public institutions, contracting authorities and contractors, experts, and practitioners are invited to participate in the debate that will discuss the problems of adapting contracts concluded under the public procurement regime to the changing circumstances. We encourage you to participate in this event and we hope that our discussion will contribute to a broader debate on the practice of applying the available legal solutions and the possible need to change them:

  • practical problems in documenting the impact of the circumstances related to COVID-19, the war in Ukraine, and rising inflation, on the due performance of a public procurement contract in the context of seeking an increase in remuneration or an extension of the time for completion;
  • the possibility of using review clauses and provisions to amend a contract due to unforeseen circumstances and so-called “bagatelle amendments”; problems with the adequacy of indexation clauses indicated in the ToR (the definition and effectiveness of an indexation clause, limit of permissible indexation, etc.);
  • the admissibility of contractual change (indexation) of the contractor's remuneration in contracts not containing an indexation clause under Public Procurement Law;
  • practical problems in seeking a change (increase) in remuneration based on an extraordinary change of relationship - the so-called "rebus sic stantibus" clause (the scope of the contractor's liability in the context of the predictability of an increase in prices and costs of work - typical economic risk; the concept of “gross loss”, etc.);
  • the out-of-court settlement of disputes between contractors and contracting authorities in connection with the extraordinary increase in prices and costs of contract performance (good practices); 
  • and the issue of the contracting authority's liability in terms of public finance discipline for failing to reach a settlement when the effects of the settlement are more favourable than the likely outcome of court proceedings.

The debate will be moderated by the SPZP representatives: Aldona Kowalczyk, Anna Specht-Schampera, Dr Piotr Bogdanowicz, and Jarosław Sroka.

The guests taking part in the debate will be:

- Mariusz Haładyj, President of the Polish General Prosecutor's Office and member of the Public Procurement Council;

- Marcin Grabski, Head of the Legal Department, City Roads Authority;

- Mariusz Ciosek, Coordinator of the Public Procurement Team in the Department of Economic Regulation Improvement, Ministry of Development;

- Ewa Wiktorowska, Member of the Public Procurement Council;

- Dariusz Renczyński, President of the Regional Chamber of Accounts in Białystok; and

- Marek Orlik, Director of the Dragados/Polaqua Legal Department.

 

For more information and to register, please click here.

The latest supplement to the Rzeczpospolita daily concerning case law features an article entitled "Adjustments to a Contractor's Remuneration". This was authored by the SPZP member, Katarzyna Skiba-Kuraszkiewicz.

The text of the publication is available here.

In the latest supplement to the Rzeczpospolita daily concerning case law, an article was published entitled "Estimating the value of orders - errors and doubts". The article was written by Andrzej Czerniak, a member of the SPZP.

The text of the publication is available here.

On 20 April 2022, the Public Procurement Law Association (SPZP) submitted a position paper as part of the consultation on the project "A Green Paper on the Certification of Public Procurement Contractors" to the Ministry of Development and Technology.

The Green Paper aims to present the basic assumptions concerning the principles of the functioning of the certification of contractors in the public procurement system, to define its beneficiaries, and other entities involved in the certification process.

The position paper was prepared by a team of three SPZP members: Wojciech Merkwa (coordinating the work of the team), Katarzyna Skiba-Kuraszkiewicz, and Tomasz Zalewski.

The full text of the SPZP's position can be found at this link.

In today's supplement to Rzeczpospolita, the article "Knowledge and experience can be made available" was published. The article was written by Marcin Boczek, a member of the SPZP.

You can read the publication by clicking here.

In today's supplement to Rzeczpospolita, the article "When it is possible to stipulate that certain tasks are to be performed by one company and not another" was published. The article was written by Agnieszka Gilowska, a member of the SPZP.

You can read the publication by clicking here.

We invite you to read the article written by Katarzyna Kuźma and Wojciech Merkwa entitled "Circumstances of exclusion in public procurement law". The article is a summary of the debate that took place on 18 January 2011.

The article is a summary of the debate held on 18 January which was organised by Konfederacja Lewiatan and the Public Procurement Law Association. The discussion focused on the effects of the new wording of a provision of Public Procurement Law on the public procurement system, providing for the possibility to exclude a contractor from a procedure due to problems with the performance of other contracts.

Click here to see the article.

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