Anna Prigan | In Principle

The contracting authority may require the contractor to identify its subcontractors in its offer. Then if the contractor wants to use a different subcontractor, it must assure that the conditions for participating in the proceeding are still met.

A certain capacity may be offered more than once in the same tender—just as a contractor may submit its own bid in a tender while also making its capacity available to another bidder in the same tender.

At the stage of announcing competitive dialogue, the contracting authority need not have a functional and operational programme ready, but this does not stand in the way of commencing the procedure and specifying the value of the procurement.

An amendment to the Public Procurement Law will increase the threshold for application of the public procurement regime. Contracts and contests worth no more than EUR 30,000 will be exempt from procurement procedures.

In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.

The European Union’s threshold for announcement of public works contracts awarded by all contracting authorities has been raised from EUR 4,845,000 to EUR 5,000,000. The thresholds for contracts for goods and services have also increased.

Whether a foreign bidder in a Polish tender must submit certificates issued by the public authorities abroad, or merely submit a declaration, depends on the scope of certificates that are issued in the other country.

Contractors in public procurement who submit a performance bond in the form of a bank guarantee may not be sure when it needs to be provided to the contracting authority or what the duration of the guarantee should be.

If a price offer submitted by a contractor is grossly low, the contracting authority is first required to demand an explanation from the contractor. If the suspicion of underbidding is confirmed, the bid must then be rejected.