Changes in public-private partnerships
Compulsory evaluation of the effectiveness of PPP projects, the possibility of obtaining an opinion on the legitimacy of a project carried out under this formula, a PPP test for projects valued at more than PLN 300 million, implementation of PPP projects via a special purpose vehicle owned by a private partner: these are just some of the changes introduced by an act recently signed by the President of Poland.
The Public Procurement Office’s position on power of representation to file the ESPD
The Public Procurement Office has announced its standpoint on the form of the power of representation to sign an electronic ESPD. The ordinary written form is sufficient.
When can bid evaluation criteria apply to a contractor’s personnel?
An amendment to the Public Procurement Law of 22 June 2016 implementing Directive 2014/24/EU upholds the principle that bid evaluation criteria cannot apply to a contractor’s economic, technical, or financial credibility. Lawmakers have however provided for the possibility of formulating a criterion applicable to qualifications of a contractor’s personnel.
Improvement of bid bond rules
Work on a concept for a new public procurement law is an opportunity to review the rules on bid bonds. The changes need to go beyond those proposed in the concept.
Public procurement contracts under the new framework: A clear step toward balancing the parties’ positions
The unique characteristics of public procurements should not impede a balanced allocation of risks between the parties. However, despite efforts by various groups this goal has remained unattainable. The drafters of the new Public Procurement Law have recognised the problems related to the parties’ unequal positions and proposed several remedies.
Limits on application of the criterion of lowest price
According to current laws, limits on application of the criterion of lowest price apply only to government and local government contracting authorities. Other contracting authorities are permitted to apply the price as the sole criterion or a criterion of a weighting of more than 60%. Meanwhile, both EU and Polish legislators say that criteria other than price should also be applied more often.
Public procurement: appeals will be more effective
The concept for a new public procurement law suggests changes to ensure greater effectiveness of appeal proceedings and make right of appeal realistic. There will be a specialist court to review the cheaper appeal.
Public procurement in the GDPR era
Contracting authorities have to bear in mind that protected personal data are processed in their procedures. Procedure documentation has to comply with new laws now that the GDPR is in effect.
What is the situation regarding power of representation to file the electronic European Single Procurement Document (ESPD)?
Can an ESPD be signed by a contractor representative appointed for a tender using their certified electronic signature, or do persons listed in the relevant register as representatives of the contractor now have a new obligation, to sign an ESPD? Is this measure by the legislature a restriction of competition in tenders?
FIDIC: A claim is not the start of a dispute
Notice of a claim is not a sign of hostility towards the other party to a contract. The major changes made in the FIDIC New Contract Conditions published in December 2017 include a clear distinction between claims and dispute resolution.
FIDIC commentary on the new contractual conditions
On 5 December 2017 the Fédération Internationale Des Ingénieurs-Conseils (FIDIC) new contractual conditions were published. FIDIC recently released the first commentary on the new conditions.
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.
