Public Procurement Procedure in Construction in Poland and problems with its application

Abstract

Introduction In Poland, the legal basis of the tender procedure is the Act of 29th January 2004 [3], [5]. Due to the fact that the Public Procurement Law has been constantly changing, with amendments introduced practically every year, there are no manuals and guides to aid public investors in this respect. Some tenders are cancelled due to the fact that the customer has prepared a tender offer in accordance with the old regulations that have been amended, which the customer has been unaware of [1], [4]. In order to aid public sector customers as well as bidders, the present Author Public Procurement Law, construction, tender, customer Public procurement law in Poland is applied during the construction of civil structures financed from public funds. Provisions related to this law often change, which makes their application difficult. The article describes public procurement procedures in the field of construction in Poland which is limited to two basic modes of tender. The most common mistakes made by customers related to the implementation of this procedure had also been presented. The author analyzed procedures related to public procurement in Poland. She also met with and conducted interviews with a few representatives of Polish gminas responsible for the organization and conduct of construction tenders. The aim of these interviews was to discover problems related to the implementation of public procurement procedures and the most common mistakes that had been made. Furthermore, the author had analyzed the available tender documentation taking into account problematic documents. The tender procedure had been clearly presented in the article in points and table listings. Aspects pertaining to problems and the reasons why mistakes had been made by customers had also been presented. These mistakes are mainly related to the subject of order, concern the conditions of participation in the proceedings and the specification of essential terms and conditions of the order. Consequences of these mistakes may be appeals and annulment of proceedings. Public Procurement Procedure in Construction in Poland And Problems With its Application