On February 19th, Employers of Poland hosted a meeting of the Construction Platform. Discussion focused on possible changes in the Public Procurement Law. The amendment is being prepared by the Ministry of Development – its main objective is to implement EU directives from 2014.
The implementation has to be concluded by April 18th, so the works are very intense. Thankfully, the amendment is elaborated in a spirit of dialog with social partners social consultations are conducted and the comments are taken into consideration. Given the approaching deadline, the meeting was held at an appropriate moment to discuss specific solutions included on the draft of the amendment and suggest improvements.
The course of the works on the amendment was presented by Jakub Pawelec, member of the Expert Committee for Public Procurement by the European Commission and the Social Dialog Council working group for public procurement. He presented the general guidelines of EU directives and the regulation that Poland will have to implement in its legal system. Then, he moved on to the mst important specific issues, particularly relating to the construction industry: the relations of contractors and subcontractors with ordering parties; offer assessment criteria – including the lowest price criterion.
Social clauses and the promotion of contracts of employment in public procurements were also discussed, as was the particularly important issue of internal (in-house) procurements – whereby a public entity orders subordinate entity to perform a given task. This is especially relevant in municipal waste management, where municipalities order municipal companies to collect waste. However, this problem may also extend to other areas of the economy, leading to a gradual nationalization of the economy and interference with its free market character. Therefore, a number of postulates were formed – postulates which Employers of Poland will continue to use both in works on the amendment and the completely new Public Procurement Law.