he growing number of bankruptcies and open restructuring cases is one of the indicators of the scale of the crisis we are facing. In this context, it is worth remembering that the Public Procurement Law in effect since January makes it more difficult for entities in a difficult economic situation to obtain public contracts.
The current list of grounds on the basis of which the contracting authority has the right (but not the obligation) to exclude the contractor from the procedure is broader than before.
In addition to grounds such as OPENING OF LIQUIDATION, DECLARATION OF INSOLVENCY, suspension of business activities, or conclusion of an arrangement with creditors, the legislator has added that the contractor is in ANOTHER SITUATION OF THIS TYPE ARISING FROM A SIMILAR PROCEDURE.
Such a situation may certainly be regarded as restructuring. Therefore, even the conclusion and timely implementation of an agreement with creditors within its framework does not in itself protect the entrepreneur from exclusion from the proceedings.
Of course, EVERYTHING DEPENDS ON THE PRACTICE AS ADOPTED BY THE ORDERING AUTHORITY and its possible assessment by the National Appeal Chamber and the courts. Even now, however, we should urge contracting authorities to exercise their new powers in this respect with caution.