Biznes Fakty
Senate. Greater protection for Polish companies. 91 votes in favor.
The Senate approved the amendment as is, aimed at limiting access to concession and public procurement contracts for contractors from outside the European Union. The legislation will now be forwarded to the president.
In total, ninety-one senators supported the unamended version of the amendment, while none opposed it or chose to abstain. The bill will now be sent to the president.
Enhanced protection for Polish firms
The modification to the Public Procurement Law and the Act on Concession Agreements for Construction Works or Services establishes a regulation that permits contracting authorities to limit access to public procurement and concession agreements for entities from so-called third countries, which are non-EU nations. This mainly concerns companies from China and Turkey.
The purpose of the amendment is to provide a clear interpretation of the CJEU ruling concerning contractor selection in tender processes.
Under the amendment, contractors from third countries may apply for public contracts within the European Union, but the decision regarding their eligibility for the contract award process, along with the stipulations for their participation in the procedure, lies with the contracting authority.
This will also be applicable to the processes for establishing a concession agreement for construction works or services.
New criteria for bid rejection
The Act further introduces a new criterion for rejecting an offer. This mandates the contracting authority to dismiss any bid from a contractor in a third country if contractors from that nation are barred from competing for a contract or concession agreement.
The amendment also anticipates specific adjustments in the realm of sectoral procurement as well as procurement related to defense and security.
