Restructuring and public procurement

Restructuring and public procurement

There is a relationship between restructuring and public procurement.

From the third quarter of last year, the number of restructuring carried out has been systematically increasing. When looking for the reasons for this, it is necessary to point out the effects of the coronavirus pandemic experienced by entrepreneurs operating in various sectors of the economy and their willingness to use the new restructuring mode, namely the simplified restructuring procedure.

The result of a large number of restructuring proceedings is reaching an agreement between indebted entrepreneurs and creditors. This is due to the fact that the “healed” enterprise continues to function and influence the economic environment.

However, according to the provisions on public procurement in force since the beginning of this year, entrepreneurs who have entered into an arrangement with creditors may be excluded from tenders. The introduction of such a wording raised a number of doubts. The Ministries of Development, Labor and Technology declare, however, that the exclusion of such an entrepreneur depends on his financial situation. This means that only after analyzing the possibilities of a given company, a decision may be made to exclude it or admit it to participate in the tender.


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