New legislation is being developed to implement new EU Directives concerning public contracts, including:
- Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC,
- Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, and
- Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
Directives must be implemented by 18 April 2016.
As the scope of the anticipated changes is fairly broad, the Polish authorities have decided to create a completely new Act replacing the current Law on Public Procurement.
According to the Public Procurement Office’s general conception of the implementation of EU Directives, the new Public Procurement Law will introduce changes concerning, among other things:
- the introduction and promotion of e-procurement,
- simplification of procedures, e.g. introduction of ESPD – European Single Procurement Document – as preliminary proof that the economic operator meets the tender conditions; only the successful bidder will then be required to submit all documents confirming the ability to take part in public procurement,
- improving small and medium-sized enterprises’ access to public procurement, e.g. the contracting authority will, as a rule, be obliged to provide justification of why the public procurement is not divided into smaller parts,
- changes to the tendering procedure, e.g. introduction of innovation partnership as a new procurement mode and elimination of the sole source procedure, which will be superseded by the amended negotiated procedure without prior publication,
- amendments to the grounds for excluding economic operators and the introduction of self-cleaning by the economic operator,
- a new regime for the cancellation of public procurement procedures – the prerequisites justifying such cancellation will be exemplary only and not exhaustive,
- making the deposit for participation in the procedure optional,
- reorganisation of the institutional framework, including the reform of the review proceedings before the National Appeal Chamber and the introduction of a specialised court for reviewing further appeals against the National Appeal Chamber’s judgments.