Law of public procurement 2200-1PS017
The course covers the following topics:
1. Introduction to the issues - overview of the public procurement system. Classical and sectoral procurement, defense procurement. Procurement of works, supplies and services. EU and national thresholds.
2. Attributive features of a public contract. Benefits of the parties in a public contract. The concept of acquisition in public procurement law.
3. Public procurement versus works and services concession. Purchase procedures excluded from the regulation of public procurement.
4. Basic principles governing the award of public contracts.
5. Scope of exclusions from the application of the Public Procurement Law.
6. “Classic”, sectoral, subsidized procurers. The concept of a bodies governed by public law. Central purchasing bodies. Economic operators.
7. Organization of the process of preparation and conduct of the procurement process. Responsibilities of the management. Tender committee. Stages of preparation and conduct of the procurement process.
8. Subject matter of the public procurement. The concept of procurement unit. Procurement divided into lots. Awarding of contracts in lots. Separate lots tenders. Variant tenders. Procurements of mixed nature.
9 Procurement value and its significance. Estimating the value of the procurement.
10 Technical specifications. Means of proof.
11. Qualitative selection. Exclusion. Requirements for participation. Means of proof. Other terms and conditions of the contract.
12. Description of the needs and the required characteristics of the supplies, works or services to be procured. Clarifications of content and amendments.
13. Procurement procedures. In-house procurement.
14 Selection of the most advantageous tender. Criteria for evaluation of tenders. Cancellation of proceedings. Abnormally low price. Electronic auction.
15. Public procurement as a contract. Content of the contract, amendment of the contract, withdrawal from the contract, cancellation of the contract. Performance bond.
16. Subcontracting in public procurement.
17. Specific instruments and procedures in classical procurement. Sectoral procurement and procurement in the field of defense and security.
18 Concession contract. Concession award procedure.
19. Legal remedies: appeal, complaint to the court.
20. Violations of public finance discipline concerning public procurement and concessions. Crimes in the field of public procurement.
Type of course
Mode
Course coordinators
Learning outcomes
Upon completion of the course, the student knows the principles governing public procurement; has knowledge of managing the public procurement process. In particular, the student: i) explains the basic concepts, definitions and principles of public procurement law; ii) recognizes the conditions for the application of the various procedures of procurement iii) defines the concept of conditions for participation in the proceedings and characterizes the stages of the procedure; iv) presents the construction of the terms and conditions of procurement; v) indicates how to write procurement documents.
Assessment criteria
Written exam
Bibliography
Basic:
M. Lubiszewski, Prawo zamówień publicznych (2023).
M. Winiarz, Zamówienia publiczne. Poradnik dla zamawiających i wykonawców (2025).2009
Additional information
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