After two years of the Public Procurement Law being in effect and several of its amendments, the Public Procurement Law Association has reviewed the functioning of the law's regulations and assessed this regulation in the context of achieving the objectives of procurement directives, practical aspects of its application, and the efficiency of public funds spending.
As a result, the Association has developed a set of de lege ferenda postulates regarding selected legislative solutions, which it perceives as key areas requiring improvement.
During yesterday's conference "Revision of the Public Procurement Law - key legislative postulates of the Association" organized by the Association and the Chair of European Law of the University of Warsaw, a report containing these postulates was presented.
Report for download
Conference participants focused on several key aspects of the Public Procurement Law. Lively discussion was particularly sparked by the postulates related to the exclusionary premise associated with the non-performance or improper performance of a previous public procurement contract in the context of practical difficulties related to its application due to the current wording of the regulations. Ambitious postulates of the Association regarding appeal measures, including the institution of joining, as well as a number of other procedural aspects of the appeal proceedings, were also discussed.
Significant emphasis was placed on the procedure for canceling a public procurement contract and the issue of KIO's cognition in this area, as well as the need to regulate issues related to the contractors' compensation claims for violation of the Public Procurement Law by the contractors.