An article titled "Public Procurement: Can a Power of Attorney be Supplemented?" has been published in the Rzeczpospolita daily, co-authored by Tomasz Zalewski, a member of the SPZP Audit Committee.
The article discusses the issue of supplementing power of attorney within public procurement. Since 2019, the Public Procurement Law allows for the supplementation of deficiencies in the power of attorney during the appeal process. However, the law does not specify what deficiencies in the power of attorney can be supplemented.
The case law practice of the National Appeal Chamber shows that supplementing the deficiencies in the power of attorney when submitting an application is only possible when the correct power of attorney was mistakenly not attached to the application. In cases where the power of attorney was not attached to the application, supplementing deficiencies is impossible.
The authors of the article question this interpretation of the regulations, arguing that it does not directly follow from their content.
The content of the publication is also available in the electronic version of the daily.