TexteM - Szkolenia i tłumaczenia

PUBLIC PROCUREMENT LAW

prowadzący: Łukasz Gos- Furmankiewicz

data:

godziny: 10.00- 17.00 (8x 45')

miejsce: Warszawa, ul. Belwederska 26/30
 

The purpose of this course is to improve the translator's ability to translate Polish public procurement documents into English. The agenda includes the institutions of Polish public procurement law, going into details of the proceedings but without focusing on case solving abilities or knowledge that belong to the lawyer's province. Short hands-on exercises are expected to appear as brief interludes. Participants will be able to ask questions about translation problems arising during their own professional practice, as well as any other related issues. The course provides terminology derived from European Union instruments, while exposing their shortcomings and looking at alternatives.

Programme:

I.        Introduction.

1.      What is public procurement law.

2.      Links to European Union law.

3.      Difference between public procurement and other bids.

4.      Application of the Public Procurement Law Act (threshold amounts, subsidised contracts, excluded contracts etc.).

5.      Principles of awarding contracts.

II.      Procedure

1.      Contract notice publication, change of notice, form and maner of publication, non-mandatory publication.

2.      Dramatis personae: the Contracting Authority (Awarding Entity), the so called 'economic operators' (Contractors/Tenderers), persons handling the awarding procedure, the Contracting Authority's Manager, the 'tender committee' (contract awarding board). Head of the Contracting Authority, President of the Public Procurement Office, the National Chamber of Appeals.

3.      Economic operators: ability to compete for the award of the contract, personal situation, suitability to pursue the professional activity, economic and financial standing, technical and professional ability; economic operators jointly competing for the award, exclusion of operators from proceedings, relying on other entities, statements (declarations) and documents confirming that requirements are met.

4.      Description of the subject of the contract. Calculating the estimated value of the contract (incl. recurring services or supplies).

5.      Specification of the Essential Terms of the Contract (Terms of Reference): obligatory content, e.g. procedure for awarding the contract, deposit requirements, time-limits, descriptions, date and place of submission and opening of tenders, description of criteria, information on formalities, security of due performance, provisions of essence to the parties, information of legal remedies. Requests for clarification.

6.      Procedures: open tendering, restricted tendering, negotiated procedure with and without prior publication of a contract notice, competitive dialogue, single-source procurement (free-hand), requests for quotations, electronic bidding. Invitations to submit tenders, variant tenders, deposits, forms of the deposit. Time-limits (deadlines): e.g. for receipt of requests to participate and for receipt of tenders. Rules applicable to communication.

7.      Award of the contract: complying with participation requirements, contract award criteria, use of electronic auctions, opening the tenders, examination and evaluation of tenders, rejection of tenders, abnormally low tenders,  selection of the best (most advantageous) tender. Execution of the contract. Record of proceedings.

8.      Framework agreements, dynamic purchasing systems, design contest (candidates, jury, Rules of Procedure).

9.      Utilities contracts: scope of application, threshold value, other provisions.

10.    Agreements: form, execution, openness (public knowledge), modification, invalidation (annulment), nullity.

11.    Role of the President of the Public Procurement Office in the proceedings. Duties, Vice-Presidents, Public Procurement Council, control of the award of contracts, explanatory proceedings, control reports, ad hoc control, ex-ante control. National Chamber of Appeals (bodies, composition, duties, competence).

12.    Legal remedies (so called 'legal protection measures'): appeal (against actions noncompliant with the Act or failure to act): manner of submission, time-limits, motions, reply to an appeal, costs and fees, formal requirements, open hearing and hearing evidence, the adjudicating panel, types of judgments (admission or dismissal), rulings of the Chamber, effects of filing. Complaint to the court: manner of filing, time-limit, other requirements. Manner of consideration by the court. Appeal in cassation. Liability for infringing on the provisions of the Act.

III.     Questions, practical advice, potential pitfalls, exercises, as time allows.