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.
FIDIC contract engineer must be impartial
Proper exercise of the function of contract engineer is crucial for the success of any construction project. The scope of the engineer’s obligations and the impartial attitude required of the engineer toward issues arising on the construction site are also reflected in the rights of the parties to the contract.
Contracting authority need not award points for borrowed resources
The contracting authority does not violate Art. 26(2b) of the Public Procurement Law by not awarding a contractor points for borrowed resources, because fulfilling the conditions to qualify for participation in a procurement proceeding relying on the potential of a third party is different from the stage of selection of a shortlist of contractors, for which the conditions may be defined in the manner adopted by the contracting authority.
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.
Disputes under FIDIC contracts
Are proceedings before the Dispute Adjudication Board a necessary condition for seeking arbitration?
Dispute Adjudication Board: Professional decision-making or a costly formality?
The FIDIC contract terms provide that disputes between the investor and the contractor are to be decided by a Dispute Adjudication Board. But in Poland the board’s rulings are often ignored by parties who disagree with them.
Key changes in Public Procurement Law
The Public Procurement Law amendment of 29 August 2014 introduces a number of important changes concerning non-price criteria, reliance on third-party capacity, abnormally low prices, trade secrets, grounds for exclusion, bid bond retention and wage indexation.
If contractors aren’t sure, are they required to speak up?
Under some circumstances, questioning the terms of reference in a tender may be treated not only as a right but as an obligation of a professional contractor.
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.
The entire consortium is liable for payments to subcontractors
Liability to the contracting authority for payment of subcontractors’ fees is borne by all members of a consortium—even if the subcontract was signed with just one of the members. Amendments to the Public Procurement Law have reinforced this rule.
