The treatment of subcontracting issues in terms of reference
The contracting authority may require in the terms of reference that a portion of the procurement be performed personally by the contractor. Absent such restriction, the contractor may assign performance of even the entire contract to a subcontractor.
Subcontracting and reliance on third-party resources
The content of a procurement subcontract is shaped not only by the intent of the parties, but also by the Public Procurement Law, the Civil Code, the terms of reference for the procurement, and the actions taken by the contracting authority.
Contracts for construction works performed using subcontractors: Specific rules for settlement of fees
Conditioning payment to the general contractor on prior payment of the subcontractors’ fees and the ability for subcontractors to obtain direct payment from the contracting authority protect subcontractors against dishonest general contractors.
A change in subcontractors announced during a public tender
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.
Tribunal strikes high fees for judicial review in public procurement cases
For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.
The same third-party capacity in several contractors' bids
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.
Value of procurement in competitive dialogue
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.
Refund of bid bond may be sought before civil court
The Supreme Court has ruled that cases seeking refund of a bid bond lie within the jurisdiction of the civil courts, finally resolving doubts surrounding the legal recourse a contractor should follow to reclaim a deposit retained by the contracting authority.
Public procurement requirements will apply to contracts for over PLN 126,747 net
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.
High fees for review of National Appeal Chamber rulings are constitutional
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.
Guidelines for amendment of the Public Procurement Law
Proposed changes to the Public Procurement Law are designed to cut the red tape in filing offers in public tenders, but prices will be subject to closer scrutiny.
Public procurement-EU thresholds raised!
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.
