On January 1, 2021, a new Public Procurement Law will come into force, which introduces a completely new procedure for awarding contracts with a value below EU thresholds. This mode was defined as the basic one and it appears in the act in 3 variants. In connection with the introduction of a separate, simplified and flexible procedure for awarding contracts with a value lower than the EU thresholds, section III was separated in the new Act, entitled Procedure for the award of a classic contract with a value lower than the EU thresholds, applicable to the so-called domestic contracts not covered by the classic directive.

The legislator provided for the following variants of the basic procedure:

1 / Procedure without negotiation: the procedure is analogous to the open tender, it will apply when the Ordering Party has precisely defined the subject and terms of the contract at the stage of initiating the procedure, and there will be no need to negotiate selected elements of the description of the subject of the contract or the condition of the contract.

2 / Procedure with the possibility of conducting negotiations: the procedure will apply when the Ordering Party is not able to define all the terms of the contract. In such a situation, the Ordering Party may indicate the scope of possible negotiations by referring to the description of the subject of the contract or contractual provisions in the contract notice (minimum 3 Contractors). The aim of the negotiations is to “improve” the offers received. Negotiations are optional. Negotiations of the content of offers may not lead to changes in the content of the SWZ and concern only those elements of the content of offers that are subject to evaluation within the offer evaluation criteria.

3 / Procedure with obligatory negotiations: it will apply when the Ordering Party’s needs and the specificity of the subject of the contract make it impossible or difficult to describe the terms of the contract precisely. In such a situation, the contracting authority, instead of the Terms of Reference, draws up a description of needs and requirements, which in particular specifies the minimum requirements that all contractors must meet and the tender evaluation criterion. The Terms of Reference are prepared only after the negotiations are completed. Negotiations may not lead to a change in the minimum requirements for the subject of the contract or the performance of the contract specified in the description of needs and requirements. Negotiations may concern contract terms in order to increase its effectiveness.