When to supplement bid documents in a public procurement proceeding?
The Public Procurement Law allows the contracting authority to summon a bidder to supplement its bid documentation. The law does not prohibit a bidder from doing so on its own initiative, but is that a good idea?
What information may be protected in a procurement bid as a trade secret?
An offer filed by a bidder in a public procurement procedure may contain information that constitutes a trade secret, which as an exception to the rule of transparency may not be disclosed to other bidders or third parties.
Statements or certificates in public procurement?
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.
New rules for exclusion of bidders for public contracts
The Act dated 25 February 2011 amending the Public Procurement Law awaits signing into law by the President of Poland. The act will introduce new grounds for mandatory exclusion of a bidder from a public procurement procedure.
When to provide a performance bond, and for how long?
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.
Construction contracts based on FIDIC standards
Construction contracts, including those used in public procurement projects, are often based on FIDIC terms, which are international, universal and commonly applied.
Filling orders for Christmas presents via dynamic purchasing system
Legislative solutions included in public procurement law smooth the way for Santa Claus to perform all contract obligations before children awake.
State Treasury's liability for violation of EU regulations
A beneficiary of EU Structural Funds that violates procedures and has to repay the funding because of a failure by Polish state authorities to implement EU regulations properly may seek damages from the State Treasury.
Bid may be rejected for being too low
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.
Must a company controlled by the State Treasury comply with the Public Procurement Law?
Not all companies financed or supervised by public finance units, managed by public appointees or majority-owned by the Polish State Treasury have to award contracts under the procedures established by the Public Procurement Law.
Contract or annex?
When a contracting authority issues an additional order, may it use an annex to the main contract, or does it have to enter into a new contract?
Paweł Mazur: Sometimes winning a tender turns into a nightmare
Interview with Paweł Mazur, an adwokat of counsel at Wardyński & Partners.
