On 25 July 2014 the Polish Sejm adopted amendments to the Public Procurement Law. The price will no longer be a decisive criterion for the result of a tendering procedure. This has been the most significant change to the Polish Procurement Law in the last 10 years.
The most significant reforms to public procurement in the last ten years
The most important change, a breakthrough, in public procurement is the application of price as the sole selection criterion only if the object of a contract is publicly available and has got fixed quality standards. This will significantly alter the situation, in particular, in the case of public contracts awarded in government and self-government administration, where, in majority of cases, the price is the only selection criterion. We can only hope that clear interpretations will be provided for the terms “public availability” and “fixed quality standards”.
What other changes will be made?
There will also be some other changes to the act. Noticeably, the contracting authority will have an option to indicate requirements relating to contract performance the in description of the object of the contract. Such a requirement may refer to employment based on an employment contracts with contractors or subcontractors and persons performing activities in the execution of construction works or services public contracts, if it is justified by the object of such activities. This provision may be found applicable particularly to specialised and professional services. As a result, it should reinforce the position of specialist consulting or outsourcing companies that employ qualified personnel.
The changes will take time
Although the amendment has already been passed, the introduction of all the changes will take some time. In September, the reforms will be debated by the Polish Senate.