Anna Prigan
Conflict of interest in public procurement
In public procurement, persons acting for the contracting authority must not have a conflict of interest, or they must be excluded. A contractor can also be excluded from a tender if its ties to the contracting authority could affect the result of the procedure.
Existing power installations to undergo innovative overhaul
The National Centre for Research and Development (NCBiR) is testing pre-commercial procurement on the energy market. More such projects will soon be launched in other sectors. What is PCP and who can benefit from it?
e-ESPD only!
Electronic procurement documents are coming. Starting 18 April 2018, the European Single Procurement Document (ESPD) will be available only online. Contracting authorities will have to include this requirement in all terms of reference while contractors will have to adjust to the new regulations.
Who can perform a public contract? Absurdities of the ban on reference trading
The ban on trading in references was supposed to cure the ills of the public procurement market. But every drug has side effects—in this case, disorientation of contractors and absurd conclusions when verifying fulfilment of the conditions for participation in public tenders.
When planning a reorganisation of corporate form, think about the public procurement consequences
The automatic assumption of contracts that occurs in universal succession doesn’t work in the case of public procurement. The contracting authority must decide on the fate of the contract after verifying the new contractor.
The negotiation stage in the tender procedure of negotiations with a contract announcement
The contracting authority is not required to comply with contractors’ requests raised during negotiating sessions. It should allow contractors’ wishes in its own objective interest by including them in the terms of reference and the proposed contract.
Public tenders: How to calculate the period for filing an appeal?
If the deadline for filing an appeal in a tender procedure falls on a Saturday, Sunday or holiday, the contractor may file the appeal on the next business day.
Offers may be evaluated on the basis of a presentation made after opening of the bids
The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.
The contractor must comply with the contract
By signing a public procurement contract, the contractor undertakes to perform the contract not only in compliance with the wording of the contract, but also in compliance with the contractor’s tender and the terms of reference for the procurement. The quality provided by the contractor must meet the expectations of the contracting authority.
The convenience of the procurement procedure does not justify departing from the law
A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.
A defective bank guarantee does not constitute a bid bond
The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.
The definition of subcontracting in public procurement
The Public Procurement Law defines what contracts between parties and concerning what subject matter are regarded as a subcontract, and also provides mechanisms protecting the interests of certain subcontractors.
