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21.03.2023

NewsOur comments

Competitiveness in public procurement:
Part 6. Division of the contract into lots.

Dividing a contract into lots is undoubtedly a very important instrument supporting the participation of small and medium-sized enterprises in public procurement procedures. 

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14.03.2023

NewsOur comments

Competitiveness in public procurement:
Part 5. Bid bond in a tender. Is it mandatory and what is its significance in the proceedings?

From the point of view of the contracting authority, the bid bond is to ensure that the contractor will sign the contract on the terms specified in the tender procedure and will provide a performance bond if its bid is selected. 

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07.03.2023

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Competitiveness in public procurement:
Part 4. Offer evaluation criteria

The culminating point of the public procurement procedure is the selection of the best offer. The offer of a specific contractor is selected as a result of evaluating the offers based on the criteria set by the contracting authority.

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28.02.2023

NewsOur comments

Competitiveness in public procurement:
Part 3. Description of the subject of the contract favoring a specific product or company. Can the description of the subject of the contract contain a trademark?

One of the manifestations of the principle of fair competition is the prohibition to describe the subject of the contract in a way that could hinder fair competition. This obstruction may consist in the indication of trademarks, patents or origin, source or specific process that characterizes the products or services provided by a particular contractor, if this could lead to favoring or eliminating certain contractors or products. However, the ban on using trademarks in the description of the subject of the contract is not absolute. The contracting authority may use a trademark in the description of the subject of the contract in a situation where the contracting authority cannot describe the subject of the contract in a sufficiently precise and understandable manner, and such an indication is accompanied by the words " or equivalent ".

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21.02.2023

NewsOur comments

Competitiveness in public procurement:
Part 2. Description of the subject of the contract – connection with the subject of the contract and proportionality.

Impact of the description of the subject of the contract on the circle of potential contractors . Almost every description of the subject of the contract affects the group of potential contractors. At the same time, the Public Procurement Law prohibits describing the subject of the contract in a way that could hinder fair competition. So how to comply with the law, and in particular with the principle of competitiveness and equality, in a situation where the subject of the contract should meet certain features expected by the contracting authority, which thus excludes some contractors or their groups?

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10.02.2023

NewsOur comments

Competitiveness in public procurement:
Part 1. How to prepare a description of the subject of the contract?

The meaning of the description of the subject of the contract . The manner in which the subject of the contract will be described significantly affects the further course of the procedure, is reflected in the quality and quantity of submitted tenders and determines the essential provisions of the subsequent public procurement contract. The report on the study on low competition on the public procurement market conducted by the Public Procurement Office shows that entrepreneurs mentioned an unclear description of the subject of the contract as the reason for low interest in participating in the procedures.

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10.02.2023

NewsOur comments

Competitiveness in Public Procurement: Introduction

Ladies and Gentlemen, "Competitiveness in public procurement" is a new series of our newsletters. We will discuss the regulations of the Public Procurement Law from the perspective of the principle of competitiveness. The contracting authorities, as entities that have public funds at their disposal, are obliged to spend them rationally. This goal is achieved by obtaining the most favorable offers for contracting authorities, and this is possible thanks to increasing the interest of contractors in participating in procedures.

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24.01.2023

Current legal informationNews

Newsletter – It is worth settling accounts with a Polish civil partnership that worked in Austria or Germany!
Even 20 years ago!

Due to the freedom of economic activity guaranteed by the European Union, Poles establish civil partnerships (or other partnerships) in Poland in order to work abroad - most often in Germany or Austria. Usually the point is that the partners of such a company personally perform specific work - in Austria, Germany or elsewhere.

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06.12.2022

Current legal informationNews

Newsletter – Restriction of access to the Central Register of Beneficial Owners – judgment of the Court of Justice of the EU.

In our October 2019 Newsletter, we mentioned the entry into force of the provisions of the Act on counteracting money laundering and financing of terrorism regarding the creation of the Central Register of Beneficial Owners and the obligation to register beneficiaries of commercial companies in the register. So far, anyone interested has had access to CRBR, but this may change after the judgment of the Court of Justice of the EU of November 22, 2022 in joined cases C-37/20 | Luxembourg Business Registers and C-601/20. The CJEU judgment concerned the case of two companies registered in Luxembourg, which demanded the restriction of access to data on their beneficial owners, arguing that open, unrestricted access to such information exposes them to a disproportionate risk of kidnapping related to, for example, kidnapping, blackmail or intimidation.

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