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Public Procurement Performance Indicators
Polish procurement legislative framework consists of European Union (EU) law and relevant Polish legislation. Other than standard directives of the EU, the European Commission’s standard form for the European Single Procurement Document applies directly in Poland. The primary legal document regulating public procurement in Poland is the Act of 29 January 2004 on Public Procurement, complemented by secondary legislation regulating various technical aspects of public procurement.
The most relevant secondary legislation consists of:
- Regulation of the President of the Council of Ministers of 28 December 2017 on the average exchange rate of the zloty to the euro constituting the basis for calculating the value of a contract;
- Regulation of the President of the Council of Ministers of 28 December 2015 on the thresholds of contracts and design contests that require the dispatch of a notice to the Publications Office of the EU (amended by the regulation dated 22August 2016);
- Regulation of the Minister of Economic Development of 26 July 2016 on the types of documents that the contracting authority may require from the contractor in the contract award proceedings;
- Regulation of the President of the Council of Ministers of 22 March 2010 on the rules of procedure concerning the examination of appeals (amended by the regulation dated 20December 2016); and
- Regulation of the President of the Council of Ministers of 15 March 2010 on the amount and manner of collecting the appeal fee, types of costs in the appeal proceedings and the manner of their settlement (amended by the regulation dated 19December 2016).
The PPL regulates all types of public procurement, including sectors such as defense and utilities. There are two separate acts regulating private-public partnerships (PPPs), and work and services concessions. There are also a few examples of specific legislation that regulate procurement in very narrow areas, such as construction of energy plants.
Public Procurement Legislation available at the following – link.
Public Procurement Portal of Poland – link.