Amendments to public procurement law were published in the Official Journal on 19 November 2012. The changes will come into effect on 20 February 2013.
There are specific changes to defence and security procurement procedures (implementing directive 2009/81/EC), as well as changes affecting ordinary tenders.
These enable the ordering party in particular to:
- exclude any contractor that has caused damage to the ordering party by non-performance or improper performance of a contract as well as has been ordered to pay punitive damages, whereby the damage caused or the amount of the punitive damages was at least 5 % of the contract value and was confirmed by a court judgment, which became final in the three years before the tender process began;
- exclude any contractors belonging to the same capital group, where they have submitted separate bids or applications to participate in the tender process, unless they can demonstrate that their relationship does not distort fair competition;
- evaluate each contractor’s capacity to perform certain types of tenders, particularly in relation to their reliability, skills, efficiency and experience;
- conduct a technical dialogue before the tender process begins by demanding advice or information from potential contractors to the extent necessary for preparing tender proceedings;
- not to indicate the weighting used in bid evaluation criteria in the notice relating to the competitive dialogue procedure, where the complexity of the tender makes it impossible to do so (but to classify the criteria by importance instead).
Law: the Act of 12 October 2012 amending the Public Procurement Law and the Law on Concessions for Construction Works and Services