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Public Procurement

Poland

Contracting authorities and bidders in local, EU and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process. Public procurement legislation has undergone some significant changes in Central and Eastern Europe in recent years. Despite legislation moving closer towards harmonisation with the EU, many practical challenges remain.

CMS has worked on scores of complex projects in the region over the last two decades and fields specialist public procurement lawyers across 15 full-service offices. Our lawyers offer a powerful combination of local expertise and insight coupled with international know-how and perspective on public procurement issues. We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes and litigation.

In Poland and across CMS, our specialists have longstanding sector expertise across core industries such as infrastructure, life sciences and healthcare, aviation, transport, and technology, media and communications. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, evaluations, specific rules around framework agreements, concession contracts and complex PPP projects. We also advise on feedback and debriefing and how to approach different regulated tender procedures. And finally, we also provide support before tribunals and courts across Europe, or in front of the European Commission.

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09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
2 September 2020
The po­ten­tial use of AI in pub­lic pro­cure­ment pro­cesses in CEE - Pa­per...
The ne­ces­sity to di­git­al­ise and use AI in all busi­ness sec­tors is ir­re­fut­able and pub­lic pro­cure­ment is no ex­cep­tion. The more ad­vanced di­git­al­isa­tion is in a pub­lic pro­cure­ment sys­tem, the great­er the...
26 August 2020
The po­ten­tial use of AI in pub­lic pro­cure­ment pro­cesses in CEE
The ne­ces­sity to di­git­al­ise and use AI in all busi­ness sec­tors is ir­re­fut­able and pub­lic pro­cure­ment is no ex­cep­tion. The more ad­vanced di­git­al­isa­tion is in a pub­lic pro­cure­ment sys­tem, the great­er...
02 July 2020
Pol­ish pub­lic sec­tor moves to the Cloud
The Min­istry of Di­git­al Af­fairs has re­cently is­sued “Cloud Com­put­ing Cy­ber­se­cur­ity Stand­ards” (SCCO), which is part of a broad­er ini­ti­at­ive called “Com­mon State IT In­fra­struc­ture” (WIIP). The...
28 May 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
CMS law­yers have been con­duct­ing a cross-prac­tice and in-depth ana­lys­is of new COV­ID-19 reg­u­la­tions in Po­land, identi­fy­ing those changes which - from the point of view of trad­ing prac­tice - may have a...
05 May 2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
04 May 2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
16 April 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
On March 31, the Pres­id­ent of the Re­pub­lic of Po­land signed a pack­age of laws called the Anti-crisis Shield:the Act of 31 March 2020 amend­ing the Act on spe­cial solu­tions re­lated to the pre­ven­tion, coun­ter­ac­tion...
27 March 2020
Pub­lic Pro­cure­ment Mar­ket in Po­land ad­apts to the pan­dem­ic real­ity
The on­go­ing COV­ID-19 pan­dem­ic has forced a num­ber of changes to be in­tro­duced to the func­tion­ing of the pub­lic pro­cure­ment mar­ket in Po­land. Please find be­low some in­form­a­tion re­gard­ing the ac­tions un­der­taken...
27 March 2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
04 November 2019
New law on pay­ment delays in Po­land
The new Pol­ish law on com­bat­ing pay­ment delays will enter in­to force on 1 Janu­ary 2020. It is aimed at deal­ing with pay­ment delays but will also con­sid­er­ably change the cur­rent pay­ment terms re­gime. It...