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The General Directorate for National Roads and Motorways (Generalna Dyrekcja Drog Krajowych i Autostrad) has updated the model contract conditions due to the change in the Public Procurement Law, as well as the emergence of new editions of specialized publications and signals from the construction market. The proposed changes were consulted with representatives of industry organizations, and the General Prosecutor’s Office of the Republic of Poland (PGRP) issued an obligatory legal opinion, as the official website of GDDKiA reports.
Over the years, GDDKiA has used the Conditions of the Contract for equipment and construction with design in the English-Polish edition 2000, the translation of the first edition of FIDIC (1999), and in 2019 the Association of Consulting Engineers and Experts published a Polish translation of the Conditions of the Contract “Yellow Book” (“Zolta Ksiazka”) in the original 2017 edition.
In 2019, a new Public Procurement Law was announced, which entered into force on January 1, 2021. This act influenced the development of new Detailed Contract Conditions (SWK). The proposals of provisions contained in them, however, were given to extensive consultations with representatives of industry organizations, i.e. the Polish Chamber of Commerce for Roads and the Polish Association of Construction Employers. In 2020, nine meetings were held for the development of SWK for the implementation of road investments within the competences of GDDKiA. At the end of the year, the public party and representatives of the engineers and contractors community reached an agreement on the content of the SWK. After GDDKiA conducted an analysis of the legal opinion of PGRP, the model contract documents were modified accordingly, and industry organizations were informed about the changes introduced on the basis of the opinion received.
The new SWK will be used in the tender procedures initiated by GDDKiA for construction works under the National Roads Construction Program, the Program for the construction of 100 ring roads and some tasks on the existing national road network.