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EN
Accepting on 26 February 2014 by the European Parliament and the Council a new directive concerning procurement and the necessity to transposition its provisions to the Polish legal system caused the appearance of vital changes in the area of procurement referring to social aspects. The most momentous changes are connected with the specified in regulations possibility to describe a subject- matter of the contract including social requirements, possibility to exclude contractors exclusion and forming conditions of participating in proceedings, and possibility of forming offers assessment criteria referring to social aspects. Therefor the social aspects became a momentous, yet facultative premise of the optimisation of the public expenses within public contracts. (original abstract)
EN
The present article focuses on the issue of the provision of services of general economic interest by companies of local government units. Various parts discuss the basic requirements for entrusting the provision of this type of services to commercial companies, with particular reference to phenomena observed on a practical basis. It also addresses the aspects of diagnosed activities that bear signs of defectiveness, while stressing the importance of practices regarded as model. Collection and summary of conditions for the preparation and ordering the services from the sphere of public tasks was accompanied by the reflection on individual solutions, whose culmination are the observations relating to the recent changes in the national legislation and practice observed in other Member States. (original abstract)
EN
This article presents issues related to abnormally low tender price in terms of public procurement effectiveness. The problem tackled in this article concerns lack of a legal definition of the term 'abnormally low tender price', the difference between the 'abnormally low tender price' as understood in the Public Procurement Law and the 'dumping price' as understood in the Unfair Trade Practices Act. Another issue discussed in this article regards practical possibilities to reject an offer with an abnormally low tender price as a sign of an activity aiming to ensure the security of the executed investments and to increase the effectiveness of public spending.
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