When the public interest is not there

The amended Public Procurement Law has been in force since January 2021. Practical problems arising in connection with the application of the new regulations are discussed by experts of The Public Procurement Law Association as part of a series of weekly articles published in the legal supplement to Rzeczpospolita.

Pursuant to the provisions of Public Procurement Law, a contractor competing for the award of a public contract should assume that if they submit the most advantageous non-rejectable offer, they should conclude the contract. Only in exceptional cases may the contracting authority annul a public procurement procedure, in particular for reasons of public interest.

BSJP's Jarosław Sroka, Partner in charge of the public procurement law practice, and lawyer Adam Jeżewski have taken a look at cases in which a public entity may cancel a tender. The lawyers referred to both current regulations and the extensive case law relating to public procurement.

Read the full article HERE.