Builders protest against unfair competition

2010-02-22

Representatives of the Polish Association of Construction Employers, the "Builders" Trade Union and the National Secretariat of Construction and the Timber Industry NSZZ "S” are demanding that the government take steps aimed at restricting unfair competition from companies outside the European Union.
Recently many firms from outside the EU have entered tenders to build Polish roads and motorways, submitting bids that are much cheaper than both the cost estimates prepared by the General Directorate for National Roads and Motorways (GDDKiA) and other firms from EU states. For example, two recent tenders to build two sections of the A2 (Strykow-Konotopa) were won by a Chinese firm prepared to complete them for 42% and 48% of the cost anticipated in the investor's cost estimates.
Representatives of the construction branch believe that it is essential to have an unequivocal legal statement clearly stipulating if the participation of non-EU enterprises in tenders for construction-assembly projects completed on the basis of public-private partnership rules and financed with cash coming from national taxpapers is in accordance with both Polish and EU law. For there are major doubts as to whether private firms and state-run enterprises (as in the case of Chinese companies) have equal chances of winning tenders.
Branch representatives believe that solutions to some difficult legal issues can be found in EU regulations, whose interpretation is based on decisions of the European Tribunal of Justice, as well as in EU law, which allows for a solution whereby the services and products of domestic firms be guaranteed a 50% share in public tenders.

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