ARTICLE
31 December 2010

Planned Changes To Public Procurement Law

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CMS Cameron McKenna Nabarro Olswang

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Significant changes to public procurement law are being proposed under draft legislation prepared by the Public Procurement Office.
Poland Government, Public Sector
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Significant changes to public procurement law are being proposed under draft legislation prepared by the Public Procurement Office.

Although the project is still under discussion, the most important changes may include:

  • implementing EU law on coordinating procurement procedures for certain types of contract in the defence and security sectors;
  • introducing the institution of technical dialogue;
  • limiting the right to participate in the same tender of contractors who are dominant over/dependent on each other, or those who share their know-how and appoint the same sub-contractor, unless they can show it doesn't affect fair competition and isn't a form of prohibited bid-rigging;
  • requiring contracting authorities in the utilities sector to comply with fair competition, equal treatment and transparency rules in contracts which are not or not fully subject to the provisions of the Public Procurement Directives;
  • changing the value of the financial penalty that can be imposed by the President of the Public Procurement Office.

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Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 23/12/2010.

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