18 January 2022. The Public Procurement Law Association had the pleasure of co-organising a debate with the Lewiatan Confederation entitled, "PROBLEMS WITH PERFORMING A CONTRACT AND GROUNDS FOR EXCLUSION FROM PUBLIC TENDERING".

The following speakers participated in the debate: Hubert Nowak, President of the Public Procurement Office; Mariusz Haładyj, President of the Polish General Prosecutor's Office and member of the Public Procurement Council; Przemysław Grosfeld, Deputy Director at the Ministry of Development and member of the Public Procurement Council; Małgorzata Śledziewska, Deputy Director of the Procurement Department at PGE Polska Grupa Energetyczna S.A.; and Artur Luczak, Director of the Rzeszów Branch of Erbud S.A.

The meeting was chaired by the following members of the SPZP: Katarzyna Kuźma and Wojciech Merkwa.

The debate was devoted to one of the most controversial grounds for exclusion provided for in Art. 109 sec. 1 item 7 of the Public Procurement Law, i.e. the consequences of non-performance or improper performance of a prior public procurement or concession agreement. The speakers emphasised that this is an extremely important topic for all participants in the public procurement market, yet one which raises significant interpretative questions and is treated inconsistently in case law.

Some of the speakers suggested that legislative changes should be introduced to make the rules more precise. Other participants of the debate suggested promoting good practices among market participants or developing interpretative guidelines which would help to standardise the application of Article 109 (1) (7) of the Public Procurement Law in practice.

The debate enjoyed great interest which translated into a lively discussion among the participants.
We would like to thank the speakers for a valuable discussion, as well as all who actively participated in the debate.

Please view the debate recordings:
Part one
Part two
Part three