The Companies do not fulfil the premises enabling it to be acknowledged as an entity with the ordering party status within the meaning of the provisions of the act of 11 September 2019 – Public Procurement Law (hereinafter as ”PPL”).
The lack of the ordering party status renders it impossible to apply the provisions of the PPL – the Polish legal system does not provide for the possibility of voluntary application of the act. This means that only entities with the ordering party status are obliged and also authorized to conclude contracts under the PPL.
Because of the above the Companies do not have the ordering party status and are – according to Polish law – free to solely determine the terms and conditions of their paid contracts in accordance with their economic interest in the same manner as other ”private” economic operators.
The Utilities Directive (Directive 2014/25/EU) is directed to the member states of the European Union, but the Companies have made a voluntary decision to conduct the procurement procedures in line with the Directive. Adopting the standard of protection of contractors’ interests expressed in Directive 2014/25/EU is a useful and reasonable benchmark for the Companies procurement activities:
- It ensures maximum protection of the interests of potential contractors for contracts to be concluded within the framework of an offshore wind farm project, and also
- enables effective achievement of economic goals in a competitive environment, and is based on a sustainable approach to investments and aligned with the Companies business strategy