Right To Exclude Contractors From Public Procurement Process

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CMS Cameron McKenna Nabarro Olswang

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From 11 May 2011, contractors can be excluded from the tendering process in certain additional circumstances.
Poland Government, Public Sector
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From 11 May 2011, contractors can be excluded from the tendering process in certain additional circumstances.

Changes to public procurement rules will allow the ordering party to exclude (without requiring a court judgment) a contractor where, within the period of three years before the tender process began:

  • it has withdrawn from or terminated a contract with that contractor in circumstances for which the contractor is responsible
  • the value of the order that was not performed amounted to at least 5 % of the contract value

Law: new Article 24 par. 1 item 1a), Public Procurement Law

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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 11/05/2011.

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