Q&A | public procurement – support for Ukraine and Ukrainians

7 April 2022 | Knowledge, News

Q 1. Can Contracting Authorities subject to the Act of 11 September 2019 – Public Procurement Law (“PPL”) award contracts for the purpose of assisting Ukrainian nationals without the application of this act?

Yes, they can, although the right to benefit from such exemption applies only to certain categories of Contracting Authorities and covers contracts with a strictly defined subject matter. The entities and contract subject matters eligible for the exemption are listed in the special Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of Ukraine of 12 March 2022 (“Special Law”).

 

Q 2. What categories of Contracting Authorities and which contracts related to assistance for Ukrainian citizens are exempted from the PPL under the Special Law?

In the light of the Special Law, the PPL does not apply to:

  • public contracts awarded by municipal authorities, necessary for taking photographs free of charge in order for Ukrainian citizens to apply for PESEL numbers (Article 8 of the Special Law),
  • the purchase by the Minister responsible for informatisation (currently the Prime Minister as the Ministry of Digital Affairs has been liquidated) of computer hardware and services necessary for the execution of municipalities’ tasks in the field of handling applications of Ukrainian citizens for PESEL numbers (Article 8 of the Special Law),
  • public procurement necessary for the provision of assistance to Ukrainian nationals, as referred to in Article 12(1) to (4), (18) and (19) of the Special Law, by provincial governors, other government administration bodies, units subordinate to or supervised by government administration bodies, public finance sector units and other public authorities, local government units, unions of local government units or metropolitan unions, or public procurement necessary for the provision of information about assistance provided to Ukrainian nationals (Article 12(6) of the Special Law),
  • public procurement necessary to enable Ukrainian nationals to exercise their right to family benefits, child-raising benefit (świadczenie wychowawcze), the ‘good start’ allowance, childcare allowance (rodzinny kapitał opiekuńczy) and financing of the reduction of parents’ fees for the stay of their child in a crèche, children’s club or with a child-minder/ at a day-care centre (Article 26(5) of the Special Law),
  • public procurement necessary for the Head of the Office for Foreigners to provide medical care and assistance to Ukrainian nationals through accommodation and meals, and assistance in the form of monetary benefits (Article 80(5)(c) of the Special Law, which adds Article 112(5) to the Act on granting protection to foreigners within the territory of the Republic of Poland of 13 June 2003).

 

Q 3. Do Contracting Authorities need to comply with any additional formalities in connection with the award of public contracts exempted from the application of the PPL on the basis of the Special Law?

Yes, they do. In accordance with Article 12(7) of the Special Law, provincial governors, other government administration bodies, units subordinate to or supervised by government administration bodies, public finance sector units, other public authorities, local government units, unions of local government units or metropolitan unions, shall within 3 months from the end of the month in which the contract was awarded, announce contract awards in the Public Procurement Bulletin (Biuletyn Zamówień Publicznych), stating:

  • the name and address of the registered office of the Contracting Authority;
  • the date and place of concluding the contract, or stating that the contract was concluded electronically;
  • the subject matter of the contract, the quantity of things or other goods, or the scope of services, as the case may be;
  • the price or the maximum price, if at the date of the announcement the price is unknown;
  • the factual circumstances justifying the contract being awarded without applying the PPL;
  • the name of the entity or name and surname of the person, with whom the contract was concluded.

 

Do you want to learn more? Contact the author

Jakub Krysa 

Attorney at Law, Partner, Head of Public Procurement

j.krysa@kochanski.pl

 

Latest Knowledge

A difficult time for cryptocurrencies

The year 2022 will not be remembered fondly in the cryptocurrency market. There are several reasons for this. The progressive decline in the value of coins, the problems of the FTX exchange and the collapse of trust are all raising questions about the future of crypto. Can regulating the crypto-asset market be a panacea for the market’s ills?

Deadlock clauses in shareholders’ agreements

Shareholders often disagree with each other on how their company should be managed and controlled, and the direction and strategy it is taking. Differing views may be beneficial to a business, but disagreement, potential deadlock and an inability to make important decisions can be severely damaging to the company (and, in the long run, to shareholders).

Contractual penalties and the correct completion of the European Single Procurement Document

The Public Procurement Office has published a legal opinion outlining the rules for the correct completion of the European Single Procurement Document (ESPD) with regard to the grounds for exclusion from the procedure due to non-performance or improper performance of a contract. The Office stated that economic operators are not obliged to inform the contracting authority of every contractual penalty imposed on them in the past. So which penalties must be mentioned in the ESPD, and which may be omitted?

Troublesome withholding tax exemption | Tax Focus

The exemption from dividend withholding tax provided for in Article 22(4) of the CIT Act has repeatedly aroused controversy among taxpayers due to its inconsistent interpretation by tax authorities and administrative courts.

New liability rules for artificial intelligence in the European Union

Artificial Intelligence (AI) is at the heart of the EU’s strategy for creating a digital single market. In this context, a number of EU legal documents have been emerging for several years, such as the White Paper on Artificial Intelligence of February 2020 or the European Parliament’s resolutions on ethical framework, civil liability and intellectual property rights for AI of October 2020.

Controversial amendment to the Commercial Companies Code

On 13 October 2022, the Act amending the Commercial Companies Code and certain other acts (the “Act”) entered into force. The following is a summary of the most significant changes and the effects they may have, including those which may turn out to be problematic for management boards of subsidiaries.