New public procurement law
Along with the Public Procurement Law, the provisions of the Act of September 11, 2019 also entered into force on January 1, 2021.
– Provisions introducing the Public Procurement Law (Journal of Laws of 2019, item 2020, as amended), which contain relevant intertemporal (transitional) provisions.
More about the new Public Procurement Law: https://www.uzp.gov.pl/nowe-pzp
Offer in electronic form – what to watch out for?
An offer submitted electronically is binding on the offeror if the other party immediately confirms receipt. This rule does not apply to contracts concluded via email or similar means of individual distance communication (e.g., text messages). It also does not apply to relationships between entrepreneurs, if the parties so agree. This is based on Article 66 of the Civil Code.
Offer validity period
How long is a bidder bound by their offer? How long must they expect a response to their offer and the contract to be fulfilled? It's best to include a deadline in the offer. What if this isn't met? Two rules apply:
- if the offeror has not indicated in the offer the deadline within which a response will be expected
an offer made in the presence of the other party or by means of direct distance communication ceases to be binding if it is not accepted immediately; - an offer submitted in any other way ceases to be binding upon expiry of the time in which the offeror could
in the normal course of business, receive a response sent without undue delay.
