Andrzej Duda signed an amendment to the Act of Concession for construction works

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On 9 December 2020, President Andrzej Duda signed an amendment to the Act of Concession for construction works, in order to achieve compliance with the Public Procurement Law which is to enter into force on January, 2021.

The amendment includes changes related to the correct transposition of the 2014/23/UE Directive provisions, specifically pertaining to the basis of exclusion of the application of the Act on the concession contract, as well as the basis for exclusion from the concession procedure.

The estimated value of concession contracts has been introduced, and if not exceeded,  the contracting authority will be released from the obligation to apply the provisions of the Public Procurement Law. Another item was a resignation from using euro, and a fixed threshold for applying the act in zlotys was introduced, which will amount to PLN 130,000

EU regulations relating to the contracting authority, exclusions, mixed concessions and grounds for excluding a contractor from the procedure have been also regulated.

Changes brought by the amendment

The amendment contains numerous changes to the act from 11 September 2019, Public Procurement Law:

  • waiver of the application of the procurement procedure to the orders below PLN 130,000 (but not less than PLN 50,000), namely minor orders;
  • withdrawal from limiting the conclusion of Public Procurement contracts to only 4 years;
  • alteration of the wage indexation adjustment, when the time between contractor selection and conclusion of the contract is prolonged;
  • prevention of allowing members of the National Board of Appeal (KIO) to undertake an additional occupation, with the exception of the didactic, research, or didactic and research position, not exceeding the full-time work of others employed in this position;
  • the contracting authority’s obligation to inform the controlling authority about any previous control of a particular purchase by other organs of control, as well as sharing the results of such a control.

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