Prawo Zamówień Publicznych

no. 2/2016

Contracting by negotiations in public procurement – a new approach

Magdalena Grabarczyk
jest wiceprezesem Krajowej Izby Odwoławczej, radcą prawnym
Abstract

The planned amendments to the Public Procurement Law are aimed at elimination solutions which restrict the procedures involving negotiated with publication and competitive dialogue. This refers to the objective and subjective expansion of the scope of application of those procedures, expansion of the scope of application of negotiations with publication, expansion of the scope of permissible modification in bids submitted in competitive dialogue. The principles of contractor selection and conducting negotiations by stages combined with the possibility of limiting negotiated solutions have been indicated as contributing to the efficiency of both procedures. A couple of questions arise in the context of the above, primarily with respect to confidentiality of information provided during negotaitions.