Piotr Nepelski

On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws [1]. The new legislation, which will replace the current Telecommunications Law, introduces additional obligations for electronic communications entrepreneurs, a newly defined group of entities previously not covered by the former regulations. In this article, we explain who electronic communications entrepreneurs are and outline the obligations they will now be subject to.

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.

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.

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.