ARTICLE · 12 MAY 2011

Right To Exclude Contractors From Public Procurement Process

CMS Cameron McKenna Nabarro Olswang

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From 11 May 2011, contractors can be excluded from the tendering process in certain additional circumstances.

PolandGovernment, Public Sector

Malgorzata Surdek

Hubert Tański

From 11 May 2011, contractors can be excluded from the tendering process in certain additional circumstances.

Changes to public procurement rules will allow the ordering party to exclude (without requiring a court judgment) a contractor where, within the period of three years before the tender process began:

it has withdrawn from or terminated a contract with that contractor in circumstances for which the contractor is responsible
the value of the order that was not performed amounted to at least 5 % of the contract value

Law: new Article 24 par. 1 item 1a), Public Procurement Law

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