The draft bill of the Public Procurement Law has now been available to the public. The European Union directives, based on which the amendments to the Act have been drafted, need to be introduced to the Polish law by the 18th of April 2016. Currently, the government bill has been submitted for interdepartmental and social consultations.
The government decided to introduce radical solutions; therefore, it will be a completely new legal act rather than just another attempt to “fix” the Act of 2004. We will have time to closely analyse individual provisions of the bill, which are directly transposed from the EU Directive on public procurement, and to assess actual effects of the reform, but today we would like to list its key elements:
- Electronization of public procurement:
- a) introduction of the obligatory electronic communication between the contracting authority and the economic operator,
b) the obligation to use the buyer profile for placing tenders and submitting a request to participate in a procedure,
- c) creating an electronic public procurement platform, e-Zamówienia (e-Procurement) that will contain the Public Procurement Bulleting as well as buyer profiles and electronic auctions,
- Simplification of the procedures:
- a better use of negotiations as a way to clarify the contract terms to economic operators in order to obtain a service that is optimally adjusted to the needs of the contracting authority,
- shortening of minimum deadlines in the contract award procedures,
- submission by economic operators of a declaration of compliance with the requirements,
- the optional nature of security deposits,
- the flexibility in terms of the tender validity,
- limitations to the compliance with the participation conditions in terms of the economic ability (the maximum of twice the evaluated contract value),
- a new innovative partnership procedure with the exclusion of the open tender, designed for the purchasing of products and services that have not been available in the market yet,
- the option to exclude the openness principle,
- Non-price selection criteria:
- the selection of a tender that includes not only the price or cost, but also other non-price aspects,
- promoting the application of environment-friendly manufacturing methods, etc.
- promoting the employment of persons with disabilities; the reduction of the required employment level of disabled persons from 50% to 30%.
Many solutions may raise controversy, for example: the exclusion of the tender openness that today relates only to the part expressly restricted as a business secret, or the obligatory limitation of the statement of the economic ability to the amount of twice the evaluated contract value. On the other hand, such solutions as the electronization of public procurement and supplier communication or the option to “align” the trading conditions after the supplier has been selected is what companies have been awaiting for years.
However, it has to be remembered that the current draft is just an initial version that may be subject to further changes during the legislation process.
The full version of the draft is available on the Public Procurement Office website