Category: News

Amendment to the Public Procurement Law – what will change?

On February 3, 2025, a parliamentary bill to amend the Public Procurement Law was submitted to the Parliament. Among the key changes are:

1. Limitation of the principle of non-discrimination

🔹 The principle is to cover only contractors from the EU and countries with agreements with the EU regarding the public procurement market.

2. New basis for exclusion of contractors

🔹 The draft provides for the exclusion of companies that have violated the Trade Union Law.

3. valorization of contractors’ wages.

🔹 Amendments are aimed at making the valorization mechanism more realistic, as well as expanding the catalog of abusive clauses.

4. Limit the abuse of bank and insurance guarantees

🔹 The contracting authority will have to send the contractor a copy of the demand for payment of funds from the guarantee.

🔹 The contractor will have the opportunity to challenge it before the bank or insurer, and in addition, if the court grants the contractor’s request, the disbursement of funds may be withheld until the legal conclusion of the proceedings.

🔹 This could mean lengthening the procedure for contracting authorities to pursue claims.

Will these changes streamline the public procurement system, or will they complicate it? What do you think? 💬

Prepared by:  attorney at law Dorota Ambroziak

Did you know that with the New Year, e-delivery regulations came into force for a group of public and non-public entities?

Examples of entities covered by the obligation are:

• professions of public trust,
• offices,
• schools,
• hospitals,
• municipal companies,
• Social Insurance Institution and funds managed by it,
• Agricultural Social Insurance Fund and funds managed by the president of the Agricultural Social Insurance Fund,
• Persons exercising professions of public trust: attorney, legal counsel, tax advisor, restructuring advisor, patent attorney, notary public.
• Non-public entities registering with the National Court Register (KRS).
• Non-public entities applying for registration in the Central Register and Information on Economic Activity (CEiDG).

There is a possibility to waive this obligation but only in exceptional cases was introduced by the December amendment, which, however, will be possible only until the end of 2025.

More information will be available soon on our website.

We wish you a joyful Christmas!

Let’s forget about everyday life for a while and spend this Christmas the way each of us needs to.

Merry Christmas!

We had the opportunity to represent the Contracting Authority in a case in which an issue  was being resolved regarding the timing and scope of filing an appeal in public procurement proceedings, which was of of great importance in practice. It was crucial to determine whether a participant in the proceeding should wait with the appeal for the rejection of its offer or the selection of another offer, or challenge the Contracting Authority’s previous actions if they could have had an impact on its situation. In this particular case, the dispute concerned the cancellation of the call for explanations of the abnormally low price and the determination of whether and when the interest of the participant in the proceedings was violated.

Our law firm successfully argued that the appellant had knowledge of the Contracting Authority’s actions much earlier, which meant that it could have filed an appeal earlier than it did.

The National Chamber of Appeal fully shared our position, finding the appeal to be late. It emphasized that the appellant had already suffered real, not hypothetical, damage at the time of the cancellation of the action of selecting the most advantageous offer and the initial request for clarification. Thus, the subsequent presentation of charges on the date of selection of the most advantageous offer was deemed unjustified, resulting in the dismissal of the appeal in part as untimely.

With this decision, our client was successful, and we had the opportunity to contribute to shaping practice on this important procedural issue.

Thank you for your trust and we are happy to share this achievement!

Have you already enjoyed a Christmas meeting at work?

We rank ours as very successful.

The themes of our company Christmas Eve were as follows:

1. do not force anyone to drink drinks they do not want to;

2. don’t insist on posing for photos

October is in full swing but we are still eager to return to the September experience.

On September 13, we had the pleasure of attending the 10th anniversary of our client YPERO.

YPERO S.A. is a construction company, operating on the B2B market as a General Contractor.

The event took place at the Andersia Hotel and was honored with performances by artists and a summary of the company’s achievements over the past 10 years. We took the opportunity to find out where the company’s name came from, what the employees think of their bosses and we could also recall the key investments implemented by YPERO.

Thank you for the invitation!

The photo was taken by Mr. Tomasz Frąk.

The event brought together experts and professionals who shared valuable experiences and discussed key challenges related to the establishment and operation of energy cooperatives.

The conference program included expert presentations, including:

– Climate Change Adaptation and Energy Transformation;

– Modern green energy management;

– The role of municipal biogas plants in waste management;

– Legal and regulatory obstacles to establishing energy cooperatives.

On September 27, 2024, a partner of our law firm, attorney Piotr Loretanski, took part in a conference on energy cooperatives, organized by the Provincial Fund for Environmental Protection and Water Management in Poznan.

The event brought together experts and professionals who shared valuable experiences and discussed key challenges related to the establishment and operation of energy cooperatives.

The conference program included expert presentations, including:

– Climate Change Adaptation and Energy Transformation;

– Modern green energy management;

– The role of municipal biogas plants in waste management;

– Legal and regulatory obstacles to establishing energy cooperatives.

We wish you joy and peace for Easter!

In case anyone didn’t notice in the flurry of pre-holiday business, we would like to remind you that a Regulation of the Minister of Development and Technology was published in the pre-holiday period of December 8, 2023 on the draft general plan of a municipality, the documentation of planning work on this plan

and issuance of extracts and extracts from it.

The regulation specifies:

– characteristics of planning zones, including their functional profile and the minimum share of biologically active area,

– calculating the demand for new residential development and the absorption capacity of undeveloped land,

– the method of creating a municipal catalog of planning zones,

– activities on the preparation of the draft municipal general plan,

– use of designations, nomenclature, standards, and the method of graphical presentation of spatial data,

– Documentation of planning work on the municipal general plan,

– the rules for issuing extracts and extracts from the municipal general plan.