The new PPL Act has not yet entered into force (planned to enter into force on 1 January 2021), and the legislator has already decided to amend it. The Standing Committee of the Council of Ministers has completed the examination of the draft act amending the act on concessions for construction works or services and some others. The draft is currently awaiting consideration by the Council of Ministers. As we read in the justification to the above-mentioned of the project, its main goal is to clarify the provisions and to respond to the suggestions of participants in the public procurement system on an ongoing basis.

The draft contains significant changes, including in particular the deletion of Art. 2 clause 2 of the Act, i.e. the regulation on trivial orders. The trivial orders are classic orders, the value of which, excluding VAT, for a single purchase, is less than PLN 130,000, but not less than PLN 50,000. The deletion of this regulation will mean that, as at present, the act will only apply to orders above PLN 130,000. Smaller orders will be awarded based on the internal regulations of the Ordering Party.

The draft introduces some changes also in the field of public procurement contracts. The first amendment consists in restoring the current wording of Art. 142 sec. 1 of the current Public Procurement Law, so as not to limit the conclusion of public procurement contracts only to 4 years. The purpose of the second amendment is to limit the total maximum amount of contractual penalties specified in public procurement contracts. As is clear from the proposed art. 436 point 3 of the new PPL Act, the total amount of contractual penalties could not exceed 20% of the net value of the contract. The third proposed amendment concerns the valorization of the remuneration, if the contract was concluded after 180 days from the deadline for submitting offers. According to the proposed art. 439 paragraph. 3, if the contract was concluded after 180 days from the deadline for submitting bids, the initial date for determining the change in remuneration is the date of opening the bids.

The provisions on the basic procedure for awarding the contract were also clarified.