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Obowiązki związane z korzystaniem z podwykonawstwa w zamówieniach publicznych.
Public Procurement

Requirements applicable when subcontracting in a public tender

A crucial determination to be made prior to submitting a bid in a public tender is the available resources of the contractor concerned. This will require a precise examination of the contractor’s capacity to perform the tender contract properly, in view of their organizational and technical resources.

Public Procurement

Exclusion of a contractor due to prior convictions

When a contractor applies for a public tender in Poland, they are required to show that there are no grounds for excluding them from the procedure. One cause of exclusion is legally binding conviction of a contractor (natural person), or persons vital to the contractor’s business activity, for certain offences. Persons key to the business are usually management board or supervisory board members in the case of capital companies, partners in the case of partnerships, and commercial proxies. According to the specific circumstances, this problem might also affect a firm that makes resources available to a contractor.

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Public Procurement

IT sector’s recommendations on indexation posted on Public Procurement Office website

The Public Procurement Office has recently published a set of sample indexation clauses drawn up by IT sector organizations on its website. This is a document intended primarily as an aid for contracting authorities, as they have an obligation to include these clauses in public tender agreements.

Public Procurement

Transfer of claims from a public procurement contract

Public procurement contracts are subject to several important limitations on freedom of contract. This gives rise to the need to take a case-by-case look at certain contractual issues which are known under the provisions of the Civil Code (CC) , but should be interpreted taking into account the wording and purpose of the regulations of the Public Procurement Law (PPL) . Such issues include the transfer of claims from the remuneration for the performance of the contract, the securing of this remuneration or the possibility of assuming a debt in the form of an obligation to perform the contract.

Public Procurement

More intense measures by the Polish Public Procurement Office to draw up standards for indexation of fees in public construction work contracts

Under article 439 of the Public Procurement Law, where public procurement agreements are concluded for a term exceeding six months, a contracting authority is required to specify the rules on adjustment (indexation) of a contractor’s fee if prices of materials or costs of performance of the contract increase.

Public Procurement

Indexation of remuneration in public tender contracts

Public Procurement

A new form of cybersecurity public tender in Poland. Another in the series of amendments to the National Cybersecurity System Act of 15 March 2022 has been released

Public Procurement

New guidelines issued by the President of the Polish Public Procurement Office on tenders for computers for use by contracting authorities

Public Procurement

Can a court put conclusion of an agreement by a contracting authority on hold pending review of a complaint contesting a National Appeals Chamber ruling?