| What is the minimum contract value above which the public procurement law is applied? (Product type GOODS - SUPPLIES) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
- EUR 135,000 euros - for supplies or services,
- EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 209,000 - for supplies or services,
- EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security:
- EUR 418,000 - for supplies or services,
- EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g;
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263);
Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386)) |
| What is the minimum contract value above which the public procurement law is applied? (Product type CONSTRUCTION WORKS) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
- EUR 135,000 euros - for supplies or services,
- EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 209,000 - for supplies or services,
- EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security:
- EUR 418,000 - for supplies or services,
- EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g;
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263);
Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386)) |
| What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services, social services and other special services. Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. Under art. 138g PPL (social services and other special services), provisions of the new Chapter 6 of the Act are applied to the award where the contract value is equal to or exceeds the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In 2016 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
- EUR 135,000 euros - for supplies or services,
- EUR 5,225,000 - for construction works; 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 209,000 - for supplies or services,
- EUR 5,225,000 - for construction works; 3. For sector orders and contracts in the fields of defense and security:
- EUR 418,000 - for supplies or services,
- EUR 5,225,000 - for construction works ; 4. For social services and other special services: - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 4, paragraph (8); article 11, paragraph (8); article 131b, article 133, paragraph (1); article 138g;
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263);
Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386)) |
| What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8)) |
| What are the minimum application thresholds for the procurement type? (Entity: UTILITIES; SECTOR ORDERS) |
EUR 418,000. Supplies and services - 418,000 EUR; works - 5,225,000 EUR. PPL shall apply to the awarding of utilities contracts where the contract value is equal to or exceeds the amounts provided for in the provisions issued under Article 11 para. 8 - EU thresholds. Moreover, provisions of the new Chapter 6 of the Act (social services and other special services) are applied to the award where the contract value is equal to or exceeds than EUR 1,000,000.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 133 paragraph (1); article 11, paragraph (8);
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263);
Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386)) |
| What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) |
EUR 418,000. Supplies and services - 418,000 EUR; works - 5,225,000 EUR. The act shall not apply to contracts in the field of defence and security for supplies and services if the contract value is less than the amounts specified in provisions issued under Article 11 para. 8 - EU thresholds.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 131b; article 11, paragraph (8);
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263)) |
| What are the minimum application thresholds for the procurement type? (Product type GOODS - SUPPLIES) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
- EUR 135,000 - for supplies or services, 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 209,000 - for supplies or services, 3. For sector orders and contracts in the fields of defense and security:
- EUR 418,000 - for supplies or services
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8);
Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263)) |
| What are the minimum application thresholds for the procurement type? (Product type WORKS) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
-EUR 5,225,000 - for construction works 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 5,225,000 - for construction works 3. For sector orders and contracts in the fields of defense and security:
- EUR 5,225,000 - for construction works
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8); ) |
| What are the minimum application thresholds for the procurement type? (Product type SERVICES) |
EUR 30,000. The minimum contract value above which the public procurement law is applied is the equivalent amount of EUR 30,000 in PLN.
This does not refer to utilities contracts, sector orders and contracts for supplies and services in the field of defense and security, research, experimental and development services, cultural and educational services Under art. 133 para 1 PPL (sector orders), the Act is applied to the award where the contract value is equal to or exceeds the EU thresholds. Under art. 131 b PPL (services in the field of defense and security), the Act is not applied if the value of a contract is less than the amounts of the EU thresholds. According to article 11 para 8 PPL the Prime Minister, by regulation, determines the thresholds. In December 2015 it was: 1. For public contracts awarded by contracting entities from the public finance sector, excluding public universities, state cultural institutions, state film institutions, local government units, public finance sector entities for which the founding or supervising body is a unit of local self-government and contracting entities which are state units organizational entities without legal personality:
- EUR 135,000 - for supplies or services, 2. For public contracts awarded by other contracting entities with the exception of sector orders:
- EUR 209,000 - for supplies or services, 3. For sector orders and contracts in the fields of defense and security:
- EUR 418,000 - for supplies or services, Moreover, provisions of the new Chapter 6 of the Act (social services and other special services) are applied to the award where the contract value is equal to or exceeds than - EUR 750,000 - for contracts other than sector orders or contracts in fields of defense and security, - EUR 1,000,000 - for sector orders
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4, paragraph (8); article 131b, article 133, paragraph (1); article 11, paragraph (8); Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz. 2263);
Regulation of the Minister of Development of 22 th August, 2016, amending Regulation of the Prime Minister of 28 th December, 2015 (Dz. U. poz.1386)) |
| Is there a requirement that tender documents must published in full? |
Yes. The Contracting entity is obliged to carry out the public procurement in a way that ensures fair competition, equality of treatment of contractors and in accordance with the principles of proportionality and transparency. The Act of public procurement law specifies what kind of tender documents must be published and what information must it contain. Contract notices must be published in one of the publicators depending on the contract value; Public Information Bulletin or Publications Office of the European Union. In case of open tendering procedure and restricted tendering procedure, it is obligatory for the contract notice and specification of essential terms of the contract to be available at the website of contracting authority. In case of any other procedures the contracting authority has a such possibility but it isn't mandatory.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 7 paragraph (1); article 36, article 37; article 40 paragraph (1); article 41; article 42; article 48 paragraph (2); ; article 60c paragraph (1); article 73b, article 73c; article 75) |
| Are any of these documents published online at a central place? |
Yes. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). In case of open tendering procedure and restricted tendering procedure the contracting authority shall place on its own webpage, a contract notice, which contains the necessary information according the public procurement law. Similarly, there are published any changing of the contract notice and immediately upon the award of a contract or its cancellation, the contracting authority shall place the information on the award of a contract or its cancellation. On the webpage of the contracting authority there are also published the answers to the questions of contractors .
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 11, article 37, article 40 paragraphs 2 and 3, article 48 paragraph 1; article 62 paragraph 2a, article 66 paragraph 2, article 73c, article 75 paragraph 1, article 95 paragraphs 1 and 2, article 115 paragraph 3 and 4; article , article 134b) |
| Is it mandatory to keep all of these records?
-Public notices of bidding opportunities,
-Bidding documents and addenda,
-Bid opening records,
-Bid evaluation reports,
-Formal appeals by bidders and outcomes,
-Final signed contract documents and addenda and amendments,
-Claims and dispute resolutions,
-Final payments,
-Disbursement data (as required by the country’s financial management system) |
Yes. It is obligatory that the contracting authority prepare a written record of the contract award procedure (The Procurement Procedure Protocol) which includes at least:
1) description of the subject-matter of the contract;
2) information on the contract award procedure;
3) information on contractors;
4) price and other essential elements of the bids;
5) indication of the selected bid or bids.
Tenders, opinions of experts, declarations, information (...) notifications, requests, other documents and information submitted by the contracting authority and economic operators and the public procurement contract, shall constitute annexes to the Protocol.The record together with annexes attached thereto shall be open to the public. The contracting authority shall keep the record together with its annexes for a period of 4 years from the closing date of the contract award procedure in a manner which shall guarantee its inviolability.
However, the Public Procurement Act only regulates the procedure up until the moment of signing the contract. It means that all the information on final payments, disbursement data, payment information are not subject to public disclosure under the law.
(Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), articles 96-98) |
| Are contracts awarded within a framework agreement published (ie mini contracts)? |
Yes. If the value of the contract or of the framework agreement is less than the EU thresholds, the contracting authority, after the conclusion of the public procurement contract or the framework agreement, not later than within 30 days, shall place a contract award notice in the Public Procurement Bulletin. If the value of the contract or of the framework agreement is equal to or exceeds the EU thresholds, the contracting authority, upon concluding a public procurement contract or a framework agreement, not later than within 30 days, shall dispatch a contract award notice to the Publications Office of the European Union. All the information about the scores and the contracts signed must be obligatory published, including mini-competitions.
(Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), article 95) |
| Is it mandatory to publish information on subcontractors (ie names) in some cases? |
No. The contracting authority requires from the contactor to indicate parts of a contract that it intends to subcontract and to provide the names of companies. For contracts relating to defense and security, the contracting authority may require from the contactor to indicate parts of a contract that it intends to subcontract and to provide the names of companies, to inform about any changes of subcontractors. The contracting authority may require the contractor to conclude subcontracts. In such a situation, the contractor shall initiate the subcontracting procedure by publishing a contract notice.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 36b; article 131g paragraph (3), article 131m paragraph (1); article 131n) |
| If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. |
( ) |
| Is there a ban on mentioning specific companies or brands in tender specification/call for tender? |
Yes. The subject-matter of the contract shall not be described in a manner which could restrict fair competition. Additionally, the subject-matter of the contract shall not be described by reference to trade marks, patents or origin, source or specific process characteristic of the goods or services delivered by a specific contractor if this could result in any favourable treatment or an elimination of certain contractors or goods unless this is justified by the nature of the subject-matter of the contract or where the contracting authority cannot otherwise describe the subject-matter of the contract with sufficient precision. In this kind of situation, when the contracting authority indicate some trade marks, patents or origin, the expression “or equivalent” must be used. According to art 30 paragraph 4 PPL, if the contracting authority descibes the subject-matter of the contract using standards, European Technical Approvals, approvals, technical specifications, and technical reference systems referred to in article 30 para. 1,2 and 3, it is required to indicate that it admits solutions equivalent to those described and to add an expression “or equivalent"
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 29 paragraphs 1-3; article 30.) |
| Is there a preferential treatment for small-to-medium enterprises (SMEs)? |
No.
( ) |
| Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) |
No. The general and fundamental principle is that the contracting entity is obliged to carry out the public procurement in a way that ensures fair competition and equality of treatment of contractors and in accordance with the principles of proportionality and transparency. Moreover, the amendment of the Act PPL of 2016 introduced a provision that, in the scope defined in the Government Procurement Agreement of the World Trade Organisation and other international agreements to which the European Union is a party, for contractors from the States-Parties to this Agreement, and to works, supplies and services coming from these states, a treatment no less favourable than treatment accorded to contractors (works, supplies and services) from the European Union must be guaranteed.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 7) |
| Is there a specific set of rules for green/sustainable procurement? |
Yes. The Public Procurement Office prepared the National Action Plan for Sustainable Public Procurement for the years 2017-2020, according to article 154 para. 7 ("the President of the PPO develops training programs, organizes and inspires training in procurement"). The President of the PPO is also responsible for "drafts draft normative documents on procurement" (article 154 para. 1 PPL). The National Action Plan should be considered as a stand-alone document aimed at promoting sustainable public procurement. The reference to green procurement is also reflected in the national integrated strategies, including the "Energy Security and Environment Strategy - A Vision for 2020", "Efficient State 2020 Strategy", "Strategy for Innovativeness and Efficiency of Economy for 2012-2020", "Dynamic Poland" and "Strategy of Development of Social Capital". The Act PPL relates to environmental issues in the following Articles: article 30 para. 8 which says that in the case of contracts for works, the contracting authority may require the specific levels of influence on the environment and climate; article 91 para. 2 which says that the criteria for bids evaluation are price and cost or price and cost together with other criteria, in particular for example environmental aspects, including energy efficiency of the subject-matter of contract. According to article 91 para 8, the Regulation of the Prime Minister of 10 May 2011 on evaluation criteria other than a price in reference to certain types of public procurement, remains in force. The Regulation relates to the award of procurement contracts for the purchase of motor vehicles.(Dz.U No. 96, item 559). Offenses against the environment are also one of the grounds for tender exclusion article 24 para. 5 points (5 - 7).
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 24 paragraph 5 (point 5-7); article 30, paragraph 8, article 91 paragraph 2 and 8, article 154 paragraph 1 and 7; Regulation of the Prime Minister of 10 May 2011 on evaluation criteria other than a price in reference to certain types of public procurement, was issued (Dz.U No. 96, item 559). ) |
| Are there restrictions on allowable grounds for tenderer exclusion? |
Yes. The amendment of PPL in 2016 also introduced new grounds for exclusion, according to article 24 paragraph (1) PPL. Currently it applies to contractors: 12) who has not demonstrated fulfilment of conditions for participation in a procedure or has not been invited to negotiate or submit initial offers or tenders, or has not demonstrated lack of grounds for exclusion; 13) being a natural person who has been convicted with a final verdict for a criminal offence mentioned below for a period of 5 years after the verdict becomes valid); for terrorism, for fiscal offence (5 years), for a criminal offence referred to the consequences of entrusting the performance of work to foreigners staying in the Republic of Poland contrary to regulations (3 years); 14) whose a member of managing or supervisory body, partner in a general partnership or limited liability partnership, or general partner in a limited partnership or a limited joint-stock partnership, or a plenipotentiary has been convicted with a final verdict for a criminal offence mentioned in paragraph13; 15) for whom a final verdict or final administrative decisions has been issued on arrears in payment of taxes, levies, or social or health insurance premiums, unless the economic operator has paid due taxes, levies, and social or health insurance premiums with due interest or penalties, or entered into a binding agreement on the repayment of these liabilities (3 years); 16) which as a result of wilful misconduct or gross negligence misled the contracting authority when presenting information that it is not subject to exclusion, meets the conditions for participation in the procedure or the objective and non-discriminatory criteria, hereinafter referred to as “selection criteria”, or which concealed this information or is unable to present the required documents; 17) which as a result of recklessness or negligence presented information misleading the contracting authority, which could have significant influence on the decisions taken by the contracting authority in a contract award procedure; 18) who wrongfully influenced or attempted to influence the activities of the contracting authority or to obtain confidential information that could have given him an advantage in a contract award procedure (3 years); 19) who participated in the preparation of a contract award procedure or whose employee, as well as a person providing work to the contractor on the basis of any service contract, participated in the preparation of such a contract award procedure, unless the resulting distortion of competition can be eliminated in another way than by excluding him from the procedure; 20) who entered into an agreement with other economic operators, aimed at distortion of competition, which the contracting authority can demonstrate with the use of appropriate evidence (3 years); 21) who is a collective entity prohibited from applying for public contracts by court on the liability of collective entities for acts prohibited under penalty (the Act of 28 October 2002); 22) prohibited from applying for public contracts under a precautionary measure; 23) who belonging to the same capital group within the meaning of the Act on competition and consumer protection, submitted separate bids, partial bids, or requests to participate in a procedure, unless they prove that the links between them do not result in distortion of competition in the contract award procedure. The PPL determines also other grounds for exclusion, according to article 24 paragraph 5 PPL. The contracting authority may exclude contractors: 1) who is subject to liquidation proceedings, approved by court in restructuring proceedings, the satisfaction of creditors’ claims are envisaged by means of liquidation of the estate of the contractor or the court ordered the liquidation of the estate of the contractor, or whose bankruptcy has been declared, except for an contractor who, after its bankruptcy was declared, entered into an arrangement, which does not provide for the satisfaction of creditors’ claims by means of liquidation of the bankrupt’s estate, unless the court ordered liquidation of this estate; 2) who culpably infringed its professional obligations, in particular where the contractor, as a result of a deliberate action or gross negligence, failed to perform or performed unduly a contract, which the contracting authority can demonstrate with the use of relevant evidence (3 years), 3) if the contractor or the persons mentioned in point 14, authorised to represent the contractor, remain in relationships defined in Article 17 para. 1 (2) to (4) with: the contracting authority, or persons authorised to represent the contracting authority, or members of the tender committee, or persons who have submitted the declaration referred to in Article 17.2a, unless it is possible to secure impartiality on behalf of the contracting authority in another manner than by excluding him from the procedure; 4) who, of his guilt, failed to perform or performed to a significant extent unduly an earlier public contract or concession contract, entered into with the contracting authority, which resulted in terminating the contract or award of damages (3 years); 5) being a natural person convicted with a final verdict for an offence against employee rights or against the environment, if they were subjected to custodial sanctions, imprisonment, or fine of at least PLN 3000 for that offence (3 years); 6) whose member of its managing or supervisory body, partner in a general partnership or limited liability partnership, or general partner in a limited partnership or a limited joint-stock partnership, or a plenipotentiary has been convicted with a final verdict for an offence mentioned in point 5 (3 years); 7) for who a final administrative decision was issued on the infringement of obligations resulting from the provisions of labour law, environment protection law, or social security provisions, if a fine of above PLN 3000 was imposed (3 years); 8) who infringed the obligations relating to the payment of taxes, levies, or social or health insurance premiums, which the contracting authority is able to demonstrate with the use of relevant evidence, except for the case mentioned in point 15, unless the economic operator has paid due taxes, levies, and social or health insurance premiums with due interest or penalties, or entered into a binding agreement on the repayment of these liabilities. A contractor, may present evidence that the damage inflicted by a criminal offence or fiscal offence (point 13 and 14 as well as 16 to 20, or article 24 paragraph 5 PPL) has been redressed, or that a as compensation for non-material damage has been paid or the damage was redressed, with exhaustive description of the factual state and cooperation with the law enforcement authorities, as well as undertaking specific technical, organisational, and staff measures to prevent further offences. This shall not apply if with regard to a contractor that is a collective entity a prohibition from applying for a contract has been imposed by a final verdict during the period of its validity. In sector orders, offence on performance of work to foreigners staying in the Republic of Poland contrary to regulations as well as this mentioned in point 14 if the person referred to in this provisions has been convicted for a criminal offence on performance of work to foreigners staying in the Republic of Poland contrary to regulations, do not apply.
(Public Procurement Law, 2004 (Dz. U z 2015. poz.2164 with amendments), article 24, article 133, paragraph 4) |
| Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. |
No. PPL does not indicate automatic grounds for exclusion which could be applied at the date of a tender deadline. But article 89 indicates circumstances when the bid is rejected. They are for example: non-compliance with the Act; non-compliance with the specification; submission of the bid is an act of unfair competition; is submitted by an excluded contractor; contains an unusually low price or cost, contains errors in price or cost calculation; within 3 days from the submission of notification, the contractor did not agree to the correction of an error inconsistent with specification of essential terms of contract but not causing essential modifications of the content of the bid (Article 87 para. 2 item 3); has not granted the consent to extend the bid validity period (Article 85 para. 2); the bid bond has not been lodged or has been lodged in an incorrect manner; the variant bid does not comply with minimum requirements specified by the contracting authority; acceptance of the bid would infringe public security or essential security interests of the state, and this security or interests cannot be safeguarded in another manner. When it seems that the bid contains an unusually low price or cost the contracting authority rejects a bid only when the contractor hasn't proved that the bid doesn't contain an unusually low price or cost, or where the evaluation of explanations it confirmed.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 89 and article 90) |
| Is scoring criteria published? |
Yes. The Act of public procurement law specifies what kind of tender documents must be published and what information must it contain. It is mandatory that the criteria and their weights are publicly available and provided in the contract notice. Moreover, they are stipulated in the specification of essential terms of the contract.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 36 para 1 point 13, art. 41 point 9, art. 48 para. 2 point 10) |
| Are decisions always made by a committee? |
No. Below the EU thresholds, there is no requirement to set up a committee. If the value of a contract is equal or more than EU thresholds according to article 11 paragraph (8) PPL, the head of a contracting authority is obliged to set up a tender committee. If the value of a contract is less than EU thresholds according to article 11 paragraph (8) PPL, the head of a contracting authority has the option to set up a tender committee but this is not mandatory.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 19, article 21) |
| Are there regulations on evaluation committee composition to prevent conflict of interest? |
Yes. Persons who perform actions in connection with the conduct of award procedures are excluted if they: 1) apply for the award of the contract, 2) remain in matrimony, consanguinity or affinity in direct line or indirect line up to second degree with the contractor or with members of its management board, 3) have been in employment or have had service contract with the contractor or have been mambers of its management board, in the previous three years, 4) remain in a legal or factual relationship with the contractor 5) have been validly sentenced for an offence committed in connection with a contract award procedure, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits. Persons carrying out activities in a contract award procedure submit, under the pain of criminal liability for misrepresentation, a written statement on the lack or existence of the circumstances mentioned above. Before taking the statement, the head of the contracting authority or a person to whom the managing officer has entrusted activities in the procedure, warns the persons making the statement of criminal liability for misrepresentation.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 17) |
| Is some part of evaluation committee mandatorily independent of contracting authority? |
No. The head of the contracting authority is responsible for the conduct of an award procedure. If the value of a contract is equal or more than UE thresholds, according to article 11 paragraph (8) PPL, the head of a contracting authority is obliged to set up a tender committee for the conduct of an award procedure .As a rule, members of the tender committee are the employees of the contracting authority. If the performance of specific actions requires special knowledge, the head of the contracting authority may at its own initiative or at the request of the tender committee appoint experts.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 15, article 18, article 19, article 20, article 21) |
| Are scoring results publicly available? |
Yes. The contracting authority informs all contractors about:
1) the selection of the best bid, providing the company name or name and surname, registered office or place of residence and address as well as scores in each contract award criterion, and the total results;
2) contractors excluded;
3) contractors whose tenders have been rejected, reasons for the rejection, as well as lack of equivalence to or lack of compliance with the performance or functionality requirements (Articles 89 para. 4 and 5);
4) contractors who have submitted tenders not subject to rejection but have not been invited to the next negotiation or dialogue stage;
5) admitting to a dynamic purchasing system;
6) no establishement of a dynamic purchasing system;
7) cancellation of the procedure
together with factual and legal justification.
The contracting authority makes the information mentioned in point 1 and 5 to 7 available on its website. Information from the bid opening of tenders together with the names of companies and prices as well as the information on the selection of the best bid must be published. The published selection information shall indicate the overall score for each contractor. However, the justification of the awarded points is contained in a protocol that is public but not published. It is obtained on demand.
Within 30 days after contract is concluded, the contracting authority publishes the award information in Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). Moreover, It is obligatory that the contracting authority prepare a protocol (more described in Qual - 18) which, together with annexes attached thereto shall be open to the public.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 92, article 95, article 96) |
| Does the law specify under which conditions the tender can be cancelled? |
Yes. Article 93 PPL determines the circumstances when the tender is canceled. There are: 1) no bid or no request to participate in the procedure has been submitted, 2) less than two non-rejectable bids have been submitted in the request-for-quotations tendering procedure, 3) less than two requests or no request has been submitted in e-bidding tendering procedure, 4) the price of best bid or the lowest price exceeds amount which contracting authority can allocate to the contract unless it has the ability to increase it, 5) additional offers of the same price have been submitted, 6) in case of essential change of circumstances causing that the contract is not in the general interest and it could not have been foreseen earlier, 7) award procedure encumbered with irreparable defect, Article 93 PPL determines also the circumstances when the Contracting authority has a possibility of canceling a tender. When the founds, which could be allocated to the contract from UE or EFTA, have not been granted and that kind of possibility has been forseen in the contract notice. The contracting authority may cancel a contract award procedure also if the number of contractors who meet the participation conditions is lower than the number of contractors specified in the contract notice.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 93) |
| Does the law specify the location for publicizing open calls for tenders? |
Yes. In open tendering procedure the contracting authority commences an award procedure by placing the contract notice in a place accessible to the public in its seat and on its website. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL).
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 40 ) |
| Does the law specify the location for publicizing restricted calls for tenders? |
Yes. The rules for initiating the open tendering procedure (Article 40) apply to the initiate of restricted tendering procedures as well. In open tendering procedure the contracting authority commences an award procedure by placing the contract notice in a place accessible to the public in its seat and on its website. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL).
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 48 para. 1) |
| Does the law specify the location for publicizing negotiated calls for tenders? |
Yes. The rules for initiating the open tendering procedure (Article 40) apply to the initiate of negotiated tendering procedures as well. In open tendering procedure the contracting authority commences an award procedure by placing the contract notice in a place accessible to the public in its seat and on its website. Contract notices are published in one of the publicators depending on the contract value; Public Information Bulletin (if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL) or Publications Office of the European Union (if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL). The provisions of Article 40 may not apply if the contracting authority invites to negotiations only all those contractors who timely submitted, in a previously conducted open-tender procedure or restricted procedure, bids corresponding in content to the tender specification, and were not subject to exclusion.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 56 para. 1) |
| What is the minimum number of bidders for restricted procedures? |
5. The Act PPL specifies the minimum number of bidders for restricted procedures which must be specified in contract notice. The minimum number is 5 and maximum is 20.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 51 para. 1) |
| What is the minimum number of bidders for negotiated procedures? |
3. The Act PPL specifies the minimum number of bidders for negotiated procedures which must be specified in the contract notice. The minimum number is 3.
( Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 57 para. 2.) |
| What is the minimum number of bidders for competitive dialogue procedures? |
3. The Act PPL specifies the minimum number of bidders for competitive dialogue procedures which must be specified in the contract notice. The minimum number is 3.
( Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 60d para. 2) |
| What are the minimum number of days for open procedures? |
7. If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7 for supplies and services and for construction works - 14 days. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 35 days from dispatch of the contract notice to Publications Office of the European Union. There is also a possibility to shorten the period to 15 days when a published prior information notice contained all information required in the case of a contract notice and was posted in the buyer profile at least 35 days and at most 12 months before the day on which the contract notice was submitted to the Publications Office of the European Union; or or there is an urgent need to award the contract and a shorter term for the submission of tenders is justified.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 43) |
| What are the minimum number of days for restricted procedures? |
7. If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 30 days from dispatch of the contract notice to Publications Office of the European Union. If there is an urgent need, the contracting authority has a possibility to shorten the period to 15 days from dispatch of the contract notice to Publications Office of the European Union.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 49) |
| What are the minimum number of days for competitive negotiated procedures? |
7. The rules for resricted tendering procedure (Article 49 para. 1 and 2) apply to competitive negotiated procedures as well: If the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - the minimum number of days is 7. If the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL - the minimum number is 30 days from dispatch of the contract notice to Publications Office of the European Union.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 56 paragraph (2)) |
| Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? |
Yes. The article 4 PPL says that the Act does not apply to: special procedures which the contracting authority is obliged to award on the basis of a procedure, other than stipulated in the Act of an international organisation or an international agreement between the Republic of Poland and one or more countries not EU- member, to obtain supplies, services or works for the purpose of implementation or conduct of a joint project; contracts entirely funded by an international organisation or an international financing institution, if a procedurethe other than defined in the Act is applyed; contracts funded in more than 50% by an international organisation or an international financing institution, if a procedure the other than defined in the Act is agreed; specific contracts of the National Bank of Poland; specific contracts of National Economy Bank; arbitration or conciliation services; services of the National Bank of Poland; research and development services (with exceptions); some legal services; purchase, preparation, production of a programme or programme material intended for broadcasting, if intended for the purpose of provision of audio-visual or radio media services – awarded by suppliers of audio-visual or radio media services; purchase of broadcasting time or programme from suppliers of audio-visual or radio media services; purchase of property rights and other rights to buildings or real estates; specific financial services connecting to the issue, sale, purchase, or transfer of securities or other financial instruments or operations conducted with the European Financial Stability Facility and the European Stability Mechanism, loans and credits' civil defence, civil protection and prevention services (except for patient medical transport services) ; supply of rights for emission of greenhouse gases and other substances; specific services of the National Economy Bank; employment contracts; contracts classified in accordance with provisions on the protection of classified information or when it is required by essential security interests of the State or protection of public safety together with special security measures; arms, munitions or war materials trade; contracts concerning production and distribution of public documents, forms of strategic importance for national security, excise stamps; allocation of subsidies from public funds; contracts with values below EUR 30,000; contracts awarded by contracting authorities referred to in Article 3 para. 1 point 1-3a, where the main purpose is: permission to put the public a telecommunications networks or exploitation of public telecommunications networks, or provision of public telecommunications services by means of public telecommunications network; purchase of supplies, services or works from the central contacting authority or from the economic operators selected by him; works concessions and services concessions; contracts (sector orders) awarded organised by entities rending the following services: value-added services connected with ICT systems; financial services including in particular postal money orders and postal giro transfers, philatelic or logistics services; contracts awarded to budget economy unit by the public authority performing the functions of a founding body (under certain circumstances).
The Act does not apply also to services in the field of defense and security, if the value of a contract is less than the amounts of the EU thresholds. The Act does not apply also to services in the field of defense and security, if the value of a contract is equal or more than the amounts of the EU thresholds in case of: specific procedure pursuant to an international agreement between Republic of Poland and one or several non-EU states, or an agreement made on ministerial level; specific procedure mentioned above, relating to the stationing of troops and to undertakings; specific procedure of an international organization if procurement must be awarded by the Republic of Poland in accordance with those procedure; where the application of PPL would oblige the contracting authority to supply information the disclosure of which is contradictory to the essential national security interests; for the purpose of intelligence purposes; awarded in the framework of a cooperative programme based on research and development, conducted jointly by the Republic of Poland and at least one other EU member state for the development of a new product; contracts awarded in a non-EU state, including civil purchases during the arrangement of troops, and forces mainly tasked with security protection; awarded by the government of the Republic of Poland to the government of another country and relating to: supplies (or works and services) of military equipment or sensitive equipment; financial services, with the exception of insurance services
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 4,article 4b article 131b) |
| Does the law specify the main types of institutions that must apply the public procurement law? |
Yes. The Act applies to public contracts awarded by: 1) the public finance sector units; 2) state organisational units not having legal personality, other than those specified in item 1; 3) legal persons, other than those specified in item 1, established for the specific purpose of meeting needs in the general interest, not having industrial or commercial character, if the entities referred to in this provision and in items 1 and 2, separately or jointly, directly or indirectly through another entity: a) finance them in more than 50%, or b) have more than half of shares or stocks, or c) supervise their manager board, or d) have the right to appoint more than a half of the members of their supervisory or managerial board (unless the legal person doesn't operate in ordinary market conditions, its aim is not to generate profit, and doesn't incur losses resulting from operations) 3a) associations of the entities referred to in items 1 and 2, or entities referred to in item 3; 4) entities other than those specified in items 1-3a, if the contract is awarded for the purposes of exercising one of the activities referred to in Article 132 (sector orders), if such an activity is exercised on the basis of special or exclusive rights, or if the entities, separately or jointly, directly or indirectly through another entity, have a dominant influence over them, in particular: b) have more than half of the shares or stocks, or c) have more than half of the votes resulting from the shares or stocks, or e) have the right to appoint more than a half of the members of their managerial board; 5) entities other than those specified in items 1 and 4, if all of the following circumstances occur: a) more than 50% of the value of the contract awarded by them is financed from public funds or by the entities referred to in items 1-3a, b) if the value of a contract is equal or more than UE thresholds according to article 11 paragraph (8) PPL c) the contract subject-matter is works comprising the activities in the field of water and land engineering (defined in Annex II to Directive 2014/24/EU), construction of hospitals, sport, recreation and leisure centres, school buildings, universities or buildings used by the public administration or services connected with such works; 6) entities with which concession for works contract was concluded insofar as they award contracts for the purpose of the execution of that concession.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 3 paragraph (1)) |
| Does the law specify the main procedure types or procurement methods permitted? |
Yes. The article 10 paragraph 1 PPL says that the basic procedures are: open tendering procedure and restricted tendering procedure. The contracting authority has a possibility to apply others modes like: negotiated tendering procedure with advert, competitive dialogue, negotiated tendering procedure without advert, single-source procurement procedure, request-for-quotations procedure, innovation partnership procedure or electronic bidding procedure, only in cases provided for by law.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 10) |
| Is there a procurement arbitration court dedicated to public procurement cases? |
Yes. The National Appeal Chamber is a procurement arbitration court dedicated to public procurement cases. Article 172 PPL defines the basic tasks and organs of the National Appeal Chamber
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 172) |
| Is there a procurement regulatory body dedicated to public procurement? |
Yes. Public Procurement Office ("PPO") is a procurement regulatory body dedicated to public procurement. The President of the Public Procurement Office, appointed by the Minister competent for the economy, is a central government administration body dedicated to public procurement. The Public Procurement Board is the advisory body of the President of the Public Procurement Office.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), articles 152 - 155; article 157 - 160) |
| Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? |
No. The only relevant provision refers to the jury in case of public competition which shall be composed exclusively of persons having the qualifications enabling them to evaluate the submitted designs, and where specific provisions require from participants in the contest particular professional authorisations , at least a third part of the jury members, including its chairman, must likewise hold the required authorisations. PPL specifies also the requirements for candidats for President of PPO and the Public Procurement Board's members.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 112, paragraph 5; article 153 paragraph 2, article 158 paragraph 3.) |
| Is disclosure of final, beneficial owners required for placing a bid? |
No.
( ) |
| Is there a fee for arbitration procedure? |
Yes. According to regulation of the Prime Minister of 15th March, 2010 (Dz. U. number 41; poz. 238) the fee for an appeal lodged in the contract award procedure for supplies or services were the contract value is: 1) if the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - 7,500 PLN 2) if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL - 15,000 PLN. The fee for an appeal lodged in the contract award procedure for construction works were the contract value is: 1) lf the value of a contract is less than UE thresholds according to article 11 paragraph (8) PPL - 10,000 PLN 2) if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL - 20,000 PLN. Regulation of the Prime Minister of 19 th December, 2016, amending Regulation of the Prime Minister of 15th March, 2010 (Dz. U. 2017 poz.47) introduces the fee for an appeal lodged in the contract award procedure for social services and other specific services whose value if the value of a contract is is equal or more than UE thresholds according to article 11 paragraph (8) PPL in amount of 15,000 PLN.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 187 paragraph (2); 198 paragraph (2);
Regulation of the Prime Minister of 15th March, 2010 (Dz. U. number 41; poz. 238)
Regulation of the Prime Minister of 19 th December, 2016, amending Regulation of the Prime Minister of 15th March, 2010 (Dz. U. 2017 poz.47)) |
| Is there a ban on contract signature until arbitration court decision (first instance court)? |
Yes. If the appeal is lodged, the contracting authority may not conclude a contract until the Chamber passes its judgment or decision which ends the appeal procedure. However, the contracting authority may put forward a motion to the Chamber in order to revoke the ban on conclusion of contract. The Chamber may revoke the ban on conclusion of a contract, if non conclusion of a contract might cause a negative effects for public interest, in particular in the field of defense and security, exceeding the benefits related to the necessity of protecting of all interests, with reference to which a possibility of sustaining a loss due to actions conducted by the contracting authority in contract award procedure occurs.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments) article 183) |
| What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? |
15. The Chamber examines the appeal within 15 days from the date of its submission to the Chairman of the Chamber. Ex officio the Chamber prepares the justification of the judgement and its copies shall be sent to the parties within 3 days.
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 189; article 196 paragraph (3 and 5)) |
| Is there a requirement to publicly release arbitration court decisions ? |
No. The Chamber examines the appeal at an open public hearing. When there is a menace that some secret information can be disclosed, the Chamber can examines the appeal at a closed door hearing. The Chamber announces its judgement after closing the hearing in an open session and expresses orally the justyfication. Ex officio the Chamber prepares the justification of the judgement and its copies shall be sent to the parties or their plenipotentiaries within 3 days from the announcement of the judgement or – if there was no announcement – within 3 days from the day of the decision .
(Public Procurement Law, 2004 (Dz. U z 2015. poz. 2164 with amendments), article 189 paragraph (5 and 7), article 196, paragraph (3 and 5)) |
Poland
86(66) Political Financing 
57(50) Financial Disclosure 
36(40) Conflict of Interest 
35(56) Freedom of Information 
62(65) Public Procurement