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We have contributed to the 2017 edition of Getting the Deal Through: Public Procurement

  • Poland

    08-08-2017

    We have contributed to the 2017 edition of Getting the Deal Through: Public Procurement

    The 2017 edition of the Getting the Deal Through: Public Procurement, is now
    live. The contributing editor of the Guide is Totis Kotsonis, head of procurement at Eversheds Sutherland. The Polish chapter has been developed by Tomasz Zalewski, head of the Warsaw public procurement team  

    The publication contains expert local insight into public procurement procedures in multiple jurisdictions, addressing such crucial topics as: legislative framework, applicability of EU directives and the GPA, types of contracts requiring procurement procedures, organisations bound by procurement law, equal treatment, transparency and competition issues, independence and conflicts of interest, types of procedure and procedure requirements, contract modification and framework agreements, administrative and judicial review, admissibility requirements for appeals, review applications, access to the procurement file, cancellation of contracts and legal protection.

    Click here to read the Polish chapter by Tomasz Zalewski >
    https://gettingthedealthrough.com/area/33/jurisdiction/39/public-procurement-2017-poland/

    Click here to read the full 2017 edition of the Getting the Deal Through: Public Procurement >
    https://www.eversheds-sutherland.com/documents/global/poland/articles_pdf/en/2017-08-GTDT-Public-Procurement-Book-2017-Eversheds-Sutherland-Tomasz-Zalewski.pdf

    Reproduced with permission from Law Business Research Ltd. Getting the Deal Through: Public Procurement 2017, (published in June 2017; contributing editor:  Totis Kotsonis, Eversheds Sutherland) For further information please visit https://gettingthedealthrough.com/area/33/public-procurement-2017



    In the Polish chapter you will find answers to the following questions:

    1. What is the relevant legislation regulating the award of public contracts?
    2. Is there any sector-specific procurement legislation supplementing the general regime?
    3. In which respect does the relevant legislation supplement the EU procurement directives or the GPA?
    4. Are there proposals to change the legislation?
    5. Which, or what kinds of, entities have been ruled not to constitute contracting authorities?
    6. Are contracts under a certain value excluded from the scope of procurement law? What are these threshold values?
    7. Does the legislation permit the amendment of a concluded contract without a new procurement procedure?
    8. Has there been any case law clarifying the application of the legislation in relation to amendments to concluded contracts?
    9. In which circumstances do privatisations require a procurement procedure?
    10. In which circumstances does the setting up of a public-private partnership (PPP) require a procurement procedure?
    11. In which publications must regulated procurement contracts be advertised?
    12. Are there limitations on the ability of contracting authorities to set criteria or other conditions to assess whether an interested party is qualified to participate in a tender procedure?
    13. Is it possible to limit the number of bidders that can participate in a tender procedure?
    14. How can a bidder that would have to be excluded from a tender procedure because of past irregularities regain the status of a suitable and reliable bidder? Is the concept of ‘self-cleaning’ an established and recognised way of regaining suitability and reliability?
    15. Does the relevant legislation specifically state or restate the fundamental principles for tender procedures: equal treatment, transparency and competition?
    16. Does the relevant legislation or the case law require the contracting authority to be independent and impartial?
    17. How are conflicts of interest dealt with?
    18. How is the involvement of a bidder in the preparation of a tender procedure dealt with?
    19. What is the prevailing type of procurement procedure used by contracting authorities?
    20. Can related bidders submit separate bids in one procurement procedure?
    21. Is the use of procedures involving negotiations with bidders subject to any special conditions?
    22. If the legislation provides for more than one procedure that permits negotiations with bidders, which one is used more regularly in practice and why?
    23. What are the requirements for the conclusion of a framework agreement?
    24. May a framework agreement with several suppliers be concluded?
    25. Under which conditions may the members of a bidding consortium be changed in the course of a procurement procedure?
    26. Are there specific mechanisms to further the participation of small and medium-sized enterprises in the procurement procedure? Are there any rules on the division of a contract into lots? Are there rules or is there case law limiting the number of lots single bidders can be awarded?
    27. What are the requirements for the admissibility of variant bids?
    28. Must a contracting authority take variant bids into account?
    29. What are the consequences if bidders change the tender specifications or submit their own standard terms of business?
    30. What are the award criteria provided for in the relevant legislation?
    31. What constitutes an ‘abnormally low’ bid?
    32. What is the required process for dealing with abnormally low bids?
    33. Which authorities may rule on review applications? Is it possible to appeal against review decisions and, if so, how?
    34. If more than one authority may rule on a review application, do these authorities have the power to grant different remedies?
    35. How long do administrative or judicial proceedings for the review of procurement decisions generally take?
    36. What are the admissibility requirements?
    37. What are the time limits in which applications for review of a procurement decision must be made?
    38. Does an application for review have an automatic suspensive effect blocking the continuation of the procurement procedure or the conclusion of the contract?
    39. Approximately what percentage of applications for the lifting of an automatic suspension are successful in a typical year?
    40. Must unsuccessful bidders be notified before the contract with the successful bidder is concluded and, if so, when?
    41. Is access to the procurement file granted to an applicant?
    42. Is it customary for disadvantaged bidders to file review applications?
    43. If a violation of procurement law is established in review proceedings, can disadvantaged bidders claim damages?
    44. May a concluded contract be cancelled or terminated following a review application of an unsuccessful bidder if the procurement procedure that led to its conclusion violated procurement law?
    45. Is legal protection available to parties interested in the contract in case of an award without any procurement procedure?
    46. What are the typical costs of making an application for the review of a procurement decision?


      

    The 2017 edition of the Getting the Deal Through: Public Procurement, is now live. The contributing editor of the Guide is Totis Kotsonis, head of procurement at Eversheds Sutherland. The Polish chapter has been developed by Tomasz Zalewski, head of the Warsaw public procurement team  

    The publication contains expert local insight into public procurement procedures in multiple jurisdictions, addressing such crucial topics as: legislative framework, applicability of EU directives and the GPA, types of contracts requiring procurement procedures, organisations bound by procurement law, equal treatment, transparency and competition issues, independence and conflicts of interest, types of procedure and procedure requirements, contract modification and framework agreements, administrative and judicial review, admissibility requirements for appeals, review applications, access to the procurement file, cancellation of contracts and legal protection.


    Reproduced with permission from Law Business Research Ltd. Getting the Deal Through: Public Procurement 2017, (published in June 2017; contributing editor: Totis Kotsonis, Eversheds Sutherland). For further information please visit https://gettingthedealthrough.com/area/33/public-procurement-2017

    In the Polish chapter you will find answers to the following questions:
    1. What is the relevant legislation regulating the award of public contracts?
    2. Is there any sector-specific procurement legislation supplementing the general regime?
    3. In which respect does the relevant legislation supplement the EU procurement directives or the GPA?
    4. Are there proposals to change the legislation?
    5. Which, or what kinds of, entities have been ruled not to constitute contracting authorities?
    6. Are contracts under a certain value excluded from the scope of procurement law? What are these threshold values?
    7.  Does the legislation permit the amendment of a concluded contract without a new procurement procedure?
    8. Has there been any case law clarifying the application of the legislation in relation to amendments to concluded contracts?
    9. In which circumstances do privatisations require a procurement procedure?
    10. In which circumstances does the setting up of a public-private partnership (PPP) require a procurement procedure?
    11. In which publications must regulated procurement contracts be advertised?
    12. Are there limitations on the ability of contracting authorities to set criteria or other conditions to assess whether an interested party is qualified to participate in a tender procedure?
    13. Is it possible to limit the number of bidders that can participate in a tender procedure?
    14. How can a bidder that would have to be excluded from a tender procedure because of past irregularities regain the status of a suitable and reliable bidder? Is the concept of ‘self-cleaning’ an established and recognised way of regaining suitability and reliability?
    15. Does the relevant legislation specifically state or restate the fundamental principles for tender procedures: equal treatment, transparency and competition?
    16. Does the relevant legislation or the case law require the contracting authority to be independent and impartial?
    17. How are conflicts of interest dealt with?
    18. How is the involvement of a bidder in the preparation of a tender procedure dealt with?
    19. What is the prevailing type of procurement procedure used by contracting authorities?
    20. Can related bidders submit separate bids in one procurement procedure?
    21. Is the use of procedures involving negotiations with bidders subject to any special conditions?
    22. If the legislation provides for more than one procedure that permits negotiations with bidders, which one is used more regularly in practice and why?
    23. What are the requirements for the conclusion of a framework agreement?
    24. May a framework agreement with several suppliers be concluded?
    25. Under which conditions may the members of a bidding consortium be changed in the course of a procurement procedure?
    26. Are there specific mechanisms to further the participation of small and medium-sized enterprises in the procurement procedure? Are there any rules on the division of a contract into lots? Are there rules or is there case law limiting the number of lots single bidders can be awarded?
    27. What are the requirements for the admissibility of variant bids?
    28. Must a contracting authority take variant bids into account?
    29. What are the consequences if bidders change the tender specifications or submit their own standard terms of business?
    30. What are the award criteria provided for in the relevant legislation?
    31. What constitutes an ‘abnormally low’ bid?
    32. What is the required process for dealing with abnormally low bids?
    33. Which authorities may rule on review applications? Is it possible to appeal against review decisions and, if so, how?
    34. If more than one authority may rule on a review application, do these authorities have the power to grant different remedies?
    35. How long do administrative or judicial proceedings for the review of procurement decisions generally take?
    36. What are the admissibility requirements?
    37. What are the time limits in which applications for review of a procurement decision must be made?
    38. Does an application for review have an automatic suspensive effect blocking the continuation of the procurement procedure or the conclusion of the contract?
    39. Approximately what percentage of applications for the lifting of an automatic suspension are successful in a typical year?
    40. Must unsuccessful bidders be notified before the contract with the successful bidder is concluded and, if so, when?
    41. Is access to the procurement file granted to an applicant?
    42. Is it customary for disadvantaged bidders to file review applications?
    43. If a violation of procurement law is established in review proceedings, can disadvantaged bidders claim damages?
    44. May a concluded contract be cancelled or terminated following a review application of an unsuccessful bidder if the procurement procedure that led to its conclusion violated procurement law?
    45. Is legal protection available to parties interested in the contract in case of an award without any procurement procedure?
    46. What are the typical costs of making an application for the review of a procurement decision?


      

     

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