Joanna Florecka | In Principle

The Public Procurement Law amendment of 29 August 2014 introduces a number of important changes concerning non-price criteria, reliance on third-party capacity, abnormally low prices, trade secrets, grounds for exclusion, bid bond retention and wage indexation.

The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.

Subcontractors for road projects in Poland may still seek payment from the General Directorate for National Roads and Motorways (GDDKiA) under a special act of Parliament from 2012. A recent amendment to the special act allows subcontractors which are large enterprises to seek payment from GDDKiA under the same terms as SMEs.

With the entry into force of the amendment to the “special act” on 16 July 2014, large subcontractors will be able to seek payment from the General Directorate for National Roads and Motorways of their unsatisfied principal claims for performance of public road construction projects.

The contracting authority may require in the terms of reference that a portion of the procurement be performed personally by the contractor. Absent such restriction, the contractor may assign performance of even the entire contract to a subcontractor.