Anticrisis Shield 2.0 and the public procurement

Polska - 

On 17 April 2020, new amendments to the Act on special arrangements for preventing, counter-acting and combating COVID-19 introducing the solutions of the Anti-Crisis Shield were published. What solutions were proposed for the area of public procurement?

Extension of the applicability of the regulations pertaining the amendment of public procurement contracts and exemption from contractual penalties provisions

The introduced regulations will also be applicable to public procurement contracts excluded from the regime of the Act of 29 January 2004. - Public Procurement Law, as well as to offset contracts concluded under the Act of 26 June 2014 on certain agreements concluded in connection with contracts essential for the national security.

Extension of the exemplary catalogue of circumstances, which may confirm the impact of the pandemics on the implementation of the contract, as well as the exemplary catalogue of possible contract’s amendments in order to make the proposed solutions more flexible

Impact of circumstances relating to the occurrence of COVID-19 on the proper performance of the contract may be demonstrated additionally by means of documents or statements pertaining „other circumstances, which impede or significantly limit the possibility of contract’s implementation”.

Amendment of the public procurement contract may as well concern ”the method of settling of contractor’s remuneration”.

Clarification of the prerequisites in the case of contractors having their seat or performing activities related to the performance of the contract outside the territory of the Republic of Poland

The contractor may present documents issued by relevant institutions in the country where he has his seat or performs activities related to the performance of the contract or his own statements.

Possibility to conclude the contract in electronic form

During the state of epidemic threat or state of epidemic and the associated restrictions on movement, it is possible, with the consent of the contracting authority, to conclude a public procurement contract in electronic form bearing a qualified electronic signature.

At the end of the week (23-24 April 2020), additional changes in public procurement under the so-called "Anti-Crisis Shield 3.0" will be announced.