Prawo Zamówień Publicznych

no. 1/2020

On enhancements to the scope of responsibility for breaches of public finance discipline during awarding public procurement contracts

Mateusz Winiarz
jest wiceprezesem Urzędu Zamówień Publicznych
Abstract

Public finance discipline is a crucial element when ensuring the correct operation of the public procurement system. Mutual relations between these systems are very important not only because the risk of infringing the procedure regulations must be minimised, but also because the public measures management principles must be taken into account during the procurement process.

The entry into force of the new Public Procurement Law makes it necessary to adjust the provisions on public finance discipline to be in line with the regulations adopted in the new law. It also serves as an excellent opportunity to revise the current solutions regarding responsibility for public procurement. This applies, in particular, to such significant issues as dividing up procurement contracts and estimating their value, and awarding contracts with a value below the EU threshold, to which the statutory procedures apply, as well as minor procurement contracts (those with a value of PLN 50,000-130,000).