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Public procurement

Public procurement in Poland – legal advice

Public procurement is a complex process. It requires in-depth legal knowledge and experience innavigating the maze of laws, regulations and procedures. Our law firm offers legal support in the field of public procurement for contracting entities and contractors.

Public procurement law – what entities do we support?

Foreign entities

Public enitities

Polish entities

We advise clients at every stage – from document analysis and preparation of offers to representation in appeal proceedings. We help avoid mistakes, minimize risks and maximize chances of success, ensuring legal certainty and security in the public procurement process.

Our lawyers will help you prepare and verify tender documentation and choose the most advantageous offer. We also provide representation in negotiations and appeal proceedings before the National Chamber of Appeal.

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Public proceedings – How can we help?

Our offer is addressed to both ordering parties and contractors.

Public procurement – support for contractors

Assistance in preparing tender offers

Analysis of the terms of the order

Negotiating contract terms

Representation in appeal proceedings

Legal advice on meeting the conditions for participation in the proceedings

Training and support in the field of public procurement law

Public procurement – Support for contracting authorities

Preparation of tender documentation

Consulting on tender procedures

Monitoring compliance with applicable laws

Preparation and negotiation of contracts

Representation in appeal proceedings

Audit of tender procedures

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What are public proceedings in Poland – the most important information

Legal regulations and thresholds in public procurement

The main legal act regulating the public procurement system in Poland , i.e. the rules and procedures for awarding contracts, is, as of 1 January 2021, the Act of 11 September 2019 – Public Procurement Law.

As a rule, the provisions of the Act apply to orders and competitions whose net value (excluding VAT) reaches or exceeds PLN 130,000. However, in the case of sectoral orders and orders in the field of defence and security, as well as some orders placed by private entities, EU thresholds apply, the values of which are given in the announcements of the President of the Public Procurement Office. The current values of the EU thresholds can be found here.

Czym są postępowania publiczne – najważniejsze informacje

Public procurement modes

The choice of the public procurement procedure depends on, among other things, the value, type, specification of the subject and urgency of the order. According to the Act, the following procedures are provided:

Open tendering:

This is an open procedure in which any interested contractor can submit a bid in response to a contract notice. According to the Act, this is the basic procedure for awarding public contracts.

Restricted tendering:

All interested contractors may submit applications to participate in the procedure.
Then, only selected contractors are invited to submit bids.
The application of this procedure is not dependent on the occurrence of the conditions specified in the Act.

Negotiated procedure with publication:

As in a restricted tender, contractors submit applications to participate in the procedure.
The ordering party invites eligible contractors to submit preliminary offers.
Negotiations are underway to improve the offers.
Finally, contractors submit their final bids.
This procedure may be applied only in the event of the occurrence of the conditions specified in the Act, including the need to adapt existing solutions on the market to the needs of the ordering party.

Competitive dialogue:

The first stage is for interested contractors to submit an application to participate in the procedure.
After inviting contractors to dialogue, talks are held regarding the proposed solutions.
After completing the dialogue, contractors submit their offers.
This procedure may only be applied if circumstances arise that justify conducting the procedure in a negotiated procedure with publication.
In this mode, there is no need to submit preliminary offers, so it can be faster than the negotiated mode with publication.

Innovation partnership:

As in the case of negotiations with publication and competitive dialogue, contractors submit applications to participate in the procedure.
Admitted contractors submit preliminary offers and then participate in negotiations.
Once negotiations are completed, contractors submit their final offers.
This mode can only be used when the subject of the contract is an innovative product, service or construction works that are not available on the market
As a result of the execution of the order, the ordering party first obtains the product concept and design (i.e. the results of research and development work carried out by the contractor), and in the second stage the contractor delivers the product, provided that it meets the agreed criteria ( the performance levels and maximum costs are within the agreed range) .

Negotiated procedure without publication:

The ordering party negotiates the terms of the contract with the selected contractors and invites them to submit offers.

The application of this procurement procedure is dependent on the occurrence of circumstances specified in the Act, including the lack of resolution of a previous procurement concerning the same subject matter conducted under an open or restricted tender procedure.

Single-source procurement:

The order is awarded after negotiations with only one selected contractor.

This mode is only possible in situations described in the Act, including when only one contractor supplies a given product.

Public procurement in Poland – obligations of the ordering party and the contractor

In the public procurement process, two parties play key roles: the ordering party and the contractor.

Each party has certain duties and responsibilities:

Obligations of the ordering party:

Announcement and conduct of the procedure in accordance with the provisions of the Public Procurement Law.
Ensuring transparency and fair competition in the tender process.
Precise definition of the contract terms, tender evaluation criteria and formal requirements.
Ensuring equal treatment of contractors and non-discriminatory access to information.
Protection of contractors’ trade secrets in the scope of confidential information.

Contractor’s responsibilities:

Preparation and submission of an offer in accordance with the contracting authority’s requirements.
Fulfilling the conditions for participation in the procedure and documenting the required qualifications.
Compliance with legal regulations and principles of fair competition.

Thanks to the precise division of responsibilities, both parties can efficiently conduct the public procurement process, ensuring its transparency and compliance with regulations

An important aspect is the protection of the contractor ‘s business secret. According to the regulations, a contractor who, as part of the offer, presents information constituting business secret, is obliged to clearly notify the ordering party of this. At the same time, the contractor must justify in detail why, in his/her opinion, the information submitted qualifies as business secret, indicating specific premises and evidence of its confidential nature and economic value.

This action is intended to ensure transparency of the proceedings while respecting the contractor’s rights to protect its know-how and other confidential information.