Abstract

The new Public Procurement Law, adopted on 11 September 2019, introduces a new principle in the regulations of proceedings on granting public procurement. It is the efficiency principle. Pursuant to Article 17 paragraph 1 of the PPL, the contracting authority grants a contract in the manner ensuring: 1) the best quality of supplies, services and construction work justified by the type of contract, within the measures that can be designated for its execution by the contracting authority, and 2) obtaining the best results of the procurement, including social effects, environmental and economic effects, as long as any of these effects is achievable in a certain contract, taking into account the outlays incurred. In light of these regulations, certain important questions arise, for instance whether introducing this principle was necessary for the development of the Polish public procurement market. What was the purpose of introducing this principle into the Public Procurement Law if the efficiency principle was included de lege lata also in Article 44 paragraph 3 of the Public Finance Act of 27 August 2009? What should the role of the efficiency principle be on the grounds of the new Public Procurement Law?