Conditions of participation in the procedure
- holding powers to perform specific activity or operation if the provisions of law impose an obligation to hold them;
- having expertise and experience;
- having appropriate technical potential and persons capable of performing the contract;
- required economic and financial standing.
Additionally, the contractor may not be subject to exclusion from the procurement process.
Contract award procedures
- fair competition,
- impartiality and objectivity,
- equal treatment of contractors,
As an employer, we comply with the above-mentioned principles both in the preparatory phase and in the conduct of procurement procedures - in the preparation of the terms of reference for the contract and in the appointment of the tender committee. Activities associated with the preparation and conduct of the procurement procedure are performed by persons who ensure impartiality and objectivity.
Fair competition principle
Sometimes individual tendering procedures impose a minimum number of potential contractors, so as to guarantee the principle of fair competition. This principle should also be kept in mind when preparing the description of the subject of the contract. The subject of the contract cannot be described in a way that might hinder fair competition, i.e. the subject of the contract should be described in an unambiguous and exhaustive manner, using sufficiently precise and intelligible terms, taking into account all requirements and circumstances that may affect tender preparation.
- admitting multiple contractors to participate in the procedure,
- setting requirements that guarantee access to the contract only to reliable contractors,
- defining the terms and conditions of the contract in a way that allows contractors to prepare a competitive bid.
Principle of equality
When preparing the procedure, the employer defines in the terms of reference its requirements relating to the subject of the contract (objective), the manner of its performance (contractual) and the person of the contractor (subjective). The employer should also specify the manner in which contractors will be required to confirm compliance with these requirements.
- defining requirements in a manner that is the same for all contractors interested in being awarded with the contract,
- specifying the method of confirming that the requirements are the same for all,
- making decisions specified in the terms and conditions of the contract in accordance with the results of the evaluation resulting from the comparison of information and documents submitted by the contractor with those required.
Principle of transparency
Our procurement policy is implemented in accordance with the Act of September 11, 2019 – the Public Procurement Law together with secondary legislation issued to the Act, Directive 2014/25/EU of the European Parliament and of the Council of February 26, 2014 on procurement by entities operating in the water, energy, transport and postal services sectors, Directive 2009/81/EC of the European Parliament and of the Council of July 13, 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defense and security, and Commission Interpretative Communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (2006/C 179/02).
|Completed contract award procedures|
|Number of contracts||421||481||448|
|Value of contracts (in PLN thousand)||863 462||1 953 755||2 320 040|
|In-house indicator Number of contractors, subcontractors, and suppliers with whom cooperation has been conducted for several years (2016-2020)|
|Period of cooperation||Number of contractors|
Cooperation with contractors and subcontractors
Procurement processes for CIU are handled by the Department of Public and Non-Public Contracts (hereinafter: WZ). The department takes the lead role in conducting and awarding CIU investment contracts. In addition to activities related to the conduct of contract award procedures, the Department performs advisory and support functions for internal customers on all issues related to the conduct of procedures - both public and non-public.
In 2020, WZ prepared our organization for the amendment to the Public Procurement Law of September 11, 2019 (hereinafter: PPL or the Act) becoming applicable. This amendment was the largest amendment to the PPL since 2004. The degree of the changes made it necessary for entities involved in contract award procedures to familiarize themselves with the changes and to train persons responsible for public contracts on the changes made.
The amendment to the Public Procurement Law of September 11, 2019 became applicable on January 1, 2021. The amended Act is clearer and broader than the previous one - it contains 623 articles compared to the previous 227. The Act organizes, clarifies, and introduces, among other things:
- submitted after the specified closing date (thus far, this was not implied by the provisions of the Act);
- where the contractor has not consented in writing to the selection of its bid after the binding period has expired;
- which have not been prepared or submitted in accordance with the technical and organizational requirements using electronic means of communication specified by the employer;
- which have been submitted by contractors which were subject to exclusion or contractors which failed to prove that they met the conditions for participation or failed to submit the required documents (until now this was the ground for excluding the contractor).
- introduction of a catalog of prohibited clauses concerning, for example, the prohibition on establishing the contractor's liability for delay;
- the ability of the employer to limit the scope of the contract without indicating a minimum value or size of the parties' performance;
- indication of mandatory provisions in the contracts, rules for determining the term of contract performance;
- introduction of principles for valorization of the contractor's remuneration;
- introduction of principles for evaluation of the contract performance;
- introduction of the obligation to use advance payments or partial payments for contracts lasting more than 12 months.
Due to the amendment of the Public Procurement Law, the internal regulations of our organization have been changed, including the Contract Awarding Procedure at PSE and the Specific Conditions for Contract Awarding at CIU. They have been aligned with the existing legal status. Fully electronic contract handling has also been introduced. Contract awarding procedures at PSE are conducted on the Procurement Platform, which is a comprehensive tool that supports the procedure for awarding non-public and public contracts in accordance with the guidelines of the amended Act. The application supports the handling of procedures in all statutory and non-statutory modes and electronic communication with contractors in terms of publishing contract notices, collecting bids, sending the Single European Procurement Document and other information exchanged during the contract award process.