– Employers of Poland have repeatedly stressed the fact that the main pathology of public procurement in the country is the practice of making price the sole criterion for awarding tenders. There is a chance that it will finally change – says Director of the Legislation Monitoring Centre of Employers of Poland Arkadiusz Pączka.
Criterion of the lowest prices led to many distortions of the public procurement system, including corporate bankruptcies. The main objection against the decision of the officials was usually low or very low quality of services offered at the best price. This often gave rise to serious problems with the proper performance of the contract.
It seems that finally, after critical remarks of the Employers of Poland, it will be possible to reduce the use of price as the sole criterion for awarding tenders. Such a change is implied in a parliamentary bill of Public Procurement Law, whose amendment was adopted by the parliamentary Committee of Economy.
The project also provides that the buyer can examine whether the price is not abnormally low at any time. Moreover, the bill stipulates that the supplier is obliged to prove it.
Although it means moving in the right direction, the proposed changes do not solve all the problems related to the public procurement system in Poland. Number of amendments to the Act and bills parliamentary committees work on as well as common perception - especially among small and medium-sized businesses – that the currently effective regulations lack transparency still speak for the need for a new completely new law regulating public procurement system in Poland.
Arkadiusz Pączka, Director of the Legislation Monitoring Centre Employers of Poland