November 23, 2020 / Law /

Pursuant to the new Public Procurement Law, which will enter into force on January 1, 2021, in the procedure for awarding a classic contract with a value equal to or exceeding the EU thresholds, the Ordering Party, prior to initiating the procedure, is obliged to prepare an analysis of needs and requirements.

The analysis covers in particular:

1) examining the possibilities of satisfying the identified needs with the use of own resources;

2) market research:

  1. a) in terms of alternative means of meeting the identified needs,
  2. b) in terms of possible variants of the contract performance or indicates that there is only one possibility of contract performance.

The analysis also shows:

1) the indicative value of the contract for each of the indicated variants referred to in para. 2 point 2 lit. b;

2) the possibility of dividing the contract into lots;

3) envisaged mode of contract award;

4) the possibility of taking into account the social, environmental or innovative aspects of the contract;

5) risks related to the contract award procedure and performance.

As indicated by the Public Procurement Office, the provisions of the new act do not specify the form in which the analysis should be prepared. They only indicate some fixed elements that should be considered when preparing the needs and requirements analysis. Moreover, the analysis of needs and requirements does not have to be prepared as a separate document.