Abstract

Reserved procurement contracts are a mechanism set out in EU and Polish public procurement law whereby access to public procurement procedures can be reserved exclusively to entities whose main purpose of business is the social and professional integration of people with disabilities, or other people who belong to groups marginalised by the society. The new Public Procurement Law separates the procurement contracts regime from the conditions of participating in the proceedings, which brings some order to the normative provisions. On the other hand, however, it also creates a range of legal problems, the most serious of which is the lack of any clear grounds for dismissing an offer submitted by a contractor who is not entitled to participate in the public procurement proceedings. Other problems are connected with the need to fulfil precise requirements under Article 94 of the PPL, and with how fulfilling these requirements is verified.