From July 2012, a contractor will be excluded from participating in a public procurement tender process (except one for utilities contracts) within one year after the judgment became valid and final, if they have been convicted of an offence related to entrusting the performance of work to foreigners who remain in Poland in breach of the relevant provisions.

This applies where the person convicted is an individual contractor, a partner in a contracting partnership (general, professional, limited or limited by shares) or a member of the management board or governing body of a corporate contractor.

Contractors should therefore remember to include the new grounds when making a statement about the absence of grounds for their exclusion from taking part in a public procurement process.

Law: Public Procurement Act, Article 24, section 1, points 10 and 11.