Procedura wyboru partnera prywatnego jako podstawowa determinanta zawarcia umowy partnerstwa publiczno-prywatnego
The procedure for selecting a private partner as a prerequisite for concluding a public-private partnership agreement

Summary/Abstract: The availability of adequate funding determines local governments’ ability to fulfil public tasks. When the national budget is tight and creditworthiness limited, private capital may be the only way for the public sector to finance investments. The law requires that a legal procedure for selecting a private partner be carried out before they are invited to cooperate. In Poland, partners for PPP projects can be selected under two laws – the act on concession for works or services and the public procurement law. Which law is applicable depends on the type of compensation the private partner will receive for carrying out the partnership agreement. The article discusses the actions required by each of the laws.

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