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Law / Poland

Public Procurement Law, articles 100, 116(1) and 242(2), accessibility in the description of the subject matter, in quality management requirements and in award criteria

Dz. U. 2019 poz. 2019, art. 100, art. 116 ust. 1 i art. 242 ust. 2 ustawy - Prawo zamówień publicznych

In force since .

A procurement conditions rule binding public and private bodies.

What it requires

  • If you tender to a contracting authority for a contract intended for use by natural persons, including the authority's employees, expect the description of the subject matter to take account of accessibility requirements for persons with disabilities and design for all users, unless the nature of the subject matter does not justify it (Art. 100(1)).
  • Where those requirements derive from an act of European Union law, expect the subject matter to be described by reference to that act (Art. 100(2)); for the products and services covered by the Act of , the accessibility requirements of that Act are the accessibility and design-for-all requirements this Law refers to (Act of , Art. 3(3); implements Directive (EU) 2019/882, Art. 24(1)).
  • The contracting authority may require you to meet the requirements of relevant quality management standards, including standards on accessibility for persons with disabilities, if it names them in the contract notice or the procurement documents (Art. 116(1)).
  • The contracting authority may use quality criteria relating to functional characteristics such as accessibility for persons with disabilities in choosing the most advantageous tender (Art. 242(2) point 1).

These lines are LexLint's reading of the law's text.

What it reaches

Instrument type

an act of a legislature

Applicability criteria

As of
Combinator
All of
Criteria
  • a public contract intended for use by natural persons, including the contracting authority's employees (Article 100(1))
  • a contract the Public Procurement Law covers under Article 2(1): a classic contract of a public contracting authority worth at least PLN 170,000, or a sectoral contract, a defense and security contract, or a classic contract of a subsidized contracting authority worth at least the EU thresholds

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 100(1) provides that, for contracts intended for use by natural persons, including the contracting authority's employees, the description of the subject matter takes account of accessibility requirements for persons with disabilities and design for all users, unless the nature of the subject matter does not justify it. Article 100(2) provides that where those requirements derive from an act of European Union law, the subject matter is described by reference to that act.

Article 116(1) lets the contracting authority require contractors to meet the requirements of quality management standards, including on accessibility for persons with disabilities. Article 3(3) of the Act of provides that the accessibility requirements that Act sets for products and services are the requirements on accessibility for persons with disabilities or design for all users referred to in the Public Procurement Law.

Article 242(2) point 1 lets the quality criteria for choosing the most advantageous tender relate to functional characteristics such as accessibility for persons with disabilities.

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