Niedozwolone postanowienia umowne w Prawie zamówień publicznych
Forbidden contractual clauses in Public Procurement Law

Summary/Abstract: The Act of 11 September 2019 – The Public Procurement Law (Journal of Laws of 2019, item 2019, as amended), repealing the previous legal act constituting the law in this respect, has become the basic regulation of the public procurement system. The act aims to comprehensively regulate the matter of public procurement, which are payable agreements concluded between the ordering party and contractors, the object of which is the purchase of works, supplies or services by the ordering party from a selected contractor. In terms of the functionality of the act, the legislator pays particular attention to the role of the ordering party in the process of granting and performing public procurement, emphasizing the duty of cooperation. It also introduces a new concept in public procurement – prohibited contractual provisions. The legislator noticed the problem of unfavourable formation of contractual provisions transferring the responsibility for the scope, over which the contractor has no influence, onto the contractor. The purpose of this article is to present the prohibited contractual provisions introduced in the new Public Procurement Law and a preliminary analysis of the issue of how the introduced catalogue may affect the functioning of the Public Procurement Law.

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