Recent geopolitical events, including the ongoing conflict in the Middle East, have had a significant impact on business operations, disrupting global supply chains, destabilizing commodity prices, and creating market uncertainty. In such challenging times, it is crucial to understand how legal provisions, including force majeure clauses, can impact the performance of public procurement contracts.

We therefore cordially invite you to the workshop “War in the Middle East as Force Majeure: The Impact of Conflict on Planned and Executed Public Procurement Contracts,” which will allow participants to gain knowledge on contract risk management in the face of global crises. During the workshop, we will discuss issues related to abnormally low prices, the consequences of improper contract performance, and the possibility of adapting contracts to extraordinary changes in conditions, including the impact of armed conflict on contract performance.

DATE AND PLACE

• April 9, 2026, 10:00 AM
• Katowice – Mirror Room, CZW Węglozbyt S.A., 3rd floor

Training duration: 4 hours

PRICE

The cost of participation of one participant in the workshops is PLN 549 net.

The price includes: participation in workshops, training materials, certificate, and light refreshments.

PROGRAM

Part 1 – How to Properly Respond to an Abnormally Low Bid

• When can we expect a notice (Article 224 of the Public Procurement Law)?
• Causes for the contracting authority to have doubts?
• Elements of explanations regarding price or cost
• Completeness of explanations – what documents are worth submitting?
• Do explanations have to be “perfect” – the National Chamber of Appeal’s rulings?
• Burden of proof in proceedings concerning an abnormally low price
• Supplementary notices – when can the contracting authority request a contractor again?
• Non-compliance with the tender specifications resulting from price explanations
• The most common mistakes made by contractors in proceedings concerning an abnormally low price

Part 2 – Consequences of improper performance of a public procurement contract

• Optional grounds for excluding a contractor (Article 109 of the Public Procurement Law)
• Improper performance of the contract as a ground for exclusion from the proceedings
• How to correctly answer questions contained in the ESPD
• Consequences of concealing information related to improper performance of the contract
• New requirements for contractors – risks for industrial and mining enterprises
• Substitute performance in public procurement contracts
• Substitute performance and defective performance of the contract – the relationship between Article 480 of the Civil Code and Article 636 of the Civil Code
• Is it worthwhile to regulate substitute performance in contracts?
• Withdrawal from the contract or substitute performance – which solution is more advantageous from the contractor’s perspective

Part 3 – Conflicts in the Middle East and geopolitical tensions and the implementation of contracts in public procurement

1. Can armed conflicts constitute force majeure in public procurement?

• The definition of force majeure in contractual practice and case law
• Can an armed conflict outside Europe constitute a force majeure event?
• The importance of foreseeability at the time of conclusion of the contract
• The difference between force majeure and economic risk
• The importance of contractual provisions regarding force majeure

2. The economic consequences of conflicts in the Middle East affecting contract execution
Examples of real-world problems occurring in contract execution in Poland:

• Disruptions in global supply chains (maritime transport, Red Sea and Suez Canal routes)
• Increased prices of energy resources (gas, oil)
• Increased transportation and insurance costs
• Instability in the prices of industrial materials (steel, metals, machine components)
• Problems with the availability of specialized equipment and spare parts
• Delays in the delivery of technological equipment for the industrial and mining sectors
• Impact of international sanctions on the ability to cooperate with suppliers
• Risk of subcontractor insolvency

3.⁠ ⁠Liability of the parties to the contract for the consequences of geopolitical conflicts

• Contractor’s contractual liability under the Civil Code
• Limits of contractor’s liability in the event of events beyond their control
• The importance of due diligence in contract risk management
• The obligation to inform the contracting authority of threats to contract performance
• The practical importance of documenting problems during contract performance

4.⁠ ⁠Possibilities of amending the contract due to extraordinary changes in the terms of contract execution

• Legal basis for amending the contract:
  • Article 455 of the Public Procurement Law – permissible contract amendments
  • Indexation clauses (Article 439 of the Public Procurement Law)
  • Extraordinary change of circumstances – Article 357¹ of the Civil Code
• Possible instruments for contract adjustment:
  • Change in contractor remuneration
  • Change in contract completion deadlines
  • Change in contract execution method
  • Limitation of contract scope
  • Change in billing method
• Typical disputes between the ordering party and the contractor:
  • Refusal to adjust remuneration
  • Disputes regarding the classification of an event as force majeure
  • Claims for increased remuneration
  • Sudden termination of the contract by one of the parties
  • Liability for delays resulting from supply disruptions
• Specifics of industrial and mining contracts:
  • A large share of energy and material costs in contract execution
  • Dependence on global supply chains for equipment and parts
  • Risk of delays in infrastructure investments

Part 4 – Question and Answer Session

• Discussion of problems reported by training participants and example situations from contract implementation practice.

LEADING

Dariusz Ziembiński

Owner of the KZP Law Firm – Legal counsel, mediator, specialist in: public procurement law, administrative procedure, protection of fair competition, public-private partnerships, procedural law, personal data protection law, counteracting money laundering and terrorism financing, protection of trade secrets, business constitutions, contract law and procedural law, and commercial criminal law.

He gained professional experience in 2000, and in 2005 founded his own consulting firm: Konsultanci Zamówień Publicznych (KZP), which provided comprehensive services in the field of public procurement. He represents clients before common courts, the National Appeal Chamber, and adjudicating committees on violations of public finance discipline. He conducts training courses and seminars. He is an active lobbyist for streamlining amendments to the Public Procurement Law. He collaborates with non-governmental organizations representing specific business sectors, seeking to shape legal regulations regarding public spending procedures. He has participated as an observer on the Social Dialogue Council and as a guest at meetings of the Expert Council of the Ministry of Infrastructure and Construction. He is a judge of the Conciliation Court at the Regional Infrastructure and Development Authority (OIGD). He has authored numerous publications on public procurement.