Skip to main content

Public Procurement Law

Note:
The English translation of the
Act of 29 January 2004 – Public Procurement Law is provided by the
Polish Public Procurement Office (PPO) solely for information purposes. The PPO takes no
responsibility for the accuracy and completeness of this translation. The Polish language version
published in the
Journal of Law (Dziennik Ustaw) should be considered the only authentic text of the
Act.

The first publication of the Polish version:
Journal of Law of 2004 No. 19, item 177 (Dziennik Ustaw z 2004r. Nr 19, poz. 177) .
The latest publication of the Polish consolidated version:
Journal of Law of 2007 No 223, item 1655 (Dziennik Ustaw z 2007r. Nr 223, poz. 1655) .

The consolidated text presented below includes th e amendments to the Act introduced in the years
2004-2008.

ACT
of 29 January 2004
PUBLIC PROCUREMENT LAW

TITLE I
GENERAL PROVISIONS
Chapter 1
Subject of regulation
Article 1.
This Act specifies the rules and procedures for awarding public contracts, legal protection
measures, control of the award of public contra cts and the competent authorities with respect
to matters addressed in this Act.

Article 2.
For the purpose of this Act:
1) price – shall mean price within the m eaning of Article 3 paragraph 1 item 1 of the
Act of 5 July 2001 on Prices (Dz. U. of 2002 No 97 item 1050 as amended
1) ;
2) supplies – shall mean the acquiring of things, rights and other possessions, in
particular on the basis of contracts fo r purchase, supply, rental or lease;
2a) dynamic purchasing system – shall mean a time-constrained electronic process of awarding public contracts having as their object gene rally available supplies
purchased under contracts for purchas e or generally available services;

3) head of the awarding entity – shall mean a person or body, who – in accordance
with the provisions, statute or agreement in force – is entitled to manage the
awarding entity, with the exclusion of th e plenipotentiaries established by the
awarding entity;
4) works concessions – shall mean those works contracts, where the remuneration
for their execution consists either in the ri ght to exploit the work or in this right
together with payment;
5) the best (most advantageous) tender – shall mean either the tender providing the
most advantageous balance of price and othe r criteria relating to the object of the
1 The amendments to the mentioned Act were published in the Dz. U. of 2002 No. 144 item 1204, of 2003 No.
137 item 1302 and of 2004 No. 96 item 959 and No. 210 item 2135.

2
contract or the tender with the lowest pri
ce; in the case of public contracts within
the scope of creative or research activities where the object of the contract cannot
be established in advance in an univo cal and comprehensive way, the best tender
shall mean the tender providing the most a dvantageous balance of price and other
criteria relating to the object of the contract;
6) tender for lot – shall mean a tender provi ding, in accordance with the content of
the specification of essential terms of the co ntract, for the performance of a part of
the contract (lot);
7) variant (tender) – shall mean a tender providing, in accordance with the terms of specified in the specification of essential terms of the contract, for a method of the
performance of the contract other than that specified by the awarding entity;
8) works – shall mean the execution or th e design and execution of works within the
meaning of the Act of 7 July 1994 – Constructi on Law (Dz. U. of 2006 No. 156,
item 1118, as amended) , as well as the realisation of the work within the meaning
of the Act of 7 July 1994 – Construction Law , by whatever means in compliance
with the requirements provided by the awarding entity;

9) public funds – shall mean public funds w ithin the meaning of provisions on public
finances;
9a) framework agreement – shall mean an agreement concluded between the
awarding entity and one or a bigger number of economic operators for the purpose
of establishing the conditions concerning the public contracts to be awarded
within a given period, in particular with reference to the prices and, if necessary,
envisaged quantities;

10) services – shall mean any services no t having as their object works or
supplies; and are services listed in the Annex II to the Directive 2004/18/EC
of the European Parliament and of the Council of 31 March 2004 on the
coordination of procedures for the aw ard of public works contracts, public
supply contracts and public service co ntracts or Annexes XVIIA and XVIIB
to Directive 2004/17/EC of the European Parliament and of the Council of
31
March 2004 coordinating the procurement procedures of entities operating
in the water, energy, transport and postal services
;
11) economic operators – shall mean natural persons, legal persons or organisational
units not having legal personality, who comp ete for the award of a contract, have
submitted their tenders or concluded a public procurement contract;
12) awarding entities – shall mean natural persons, legal persons or organisational
units not having legal personalit y, obliged to apply this Act;
13) public contracts – shall mean contracts for pecuniary interest concluded between
an awarding entity and an economic opera tor, having as their object services,
supplies or works.

Article 3.
1. This Act shall apply to public contracts, hereinafter referred to as “contracts”,
awarded by:
1) the public finance sector units with in the meaning of provisions on public
finances;

3
2) state organisational units not havi
ng legal personality, other than those
specified in item 1;
3) legal persons, other than those specifi ed in item 1, established for the specific
purpose of meeting needs in the genera l interest, not having industrial or
commercial character, if the entities referre d to in these provisions 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 managerial board, or
d) have the right to appoint more than half of the members of their
supervisory or managerial board;
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 ite ms 1-3a, if the contract is awarded for
the purposes of exercising one of the ac tivities referred to in Article 132, if
such an activity is exercised on the basis of special or exclusive rights, or if the
entities referred to in items 1-3a, separate ly or jointly, directly or indirectly
through another entity, have a dominant influence over them, in particular:
a) finance them in more than 50 %, or
b) have more than half of the shares or stocks, or
c) have more than half of the votes re sulting from the shares or stocks, or
d) supervise their managerial board, or
e) have the right to appoint more than ha lf of the members of their managerial
board;
5) entities other than those specified in items 1 and 2, if all of the following
circumstances occur:
a) more than 50% of the value of the c ontract awarded by them is financed
from public funds or by the entitie s referred to in items 1-3a,
b) the value of a contract is equal to or exceeds the amounts specified in the
provisions issued under Ar ticle 11 paragraph 8,
c) the contract object is works comprising the activities in the field of
overland and maritime engineering, c onstruction of hospitals, sport,
recreation and leisure centres, school buildings, facilities used by the
universities or buildings used by the public administration or services
connected with such works;
6) entities, other than those specified in it ems 1 and 2, if the contract awarded by
them is financed with the participation of funds, the allocation of which is
dependent on the use of the contract aw ard procedure provided for in this Act;
7) entities which have been granted the public works conces sion by the entities
referred to in items 1-3a, insofar as th ey award contracts for the purpose of the
execution of that concession.
2. Special or exclusive rights within the m eaning of paragraph 1 item 4 shall be rights
granted by a law or an administrative decision c onsisting in the reservation for one or more

4
entities of the performance of
a specific activity where complying with the conditions for
obtaining such a right as regulated by separate provisions does not result in obligation of the
granting that right.

Article 4.
This Act shall not apply to:
1) contracts awarded pursuant to:
a) special procedure of an international organisation different from the one
provided for in the Act,
b) international agreements relating to the stationing of troops to which the
Republic of Poland is a party, if such agreements provide for contract award
procedures other than those provided for in this Act,
c) an international ag reement concluded between th e Republic of Poland and one
or more states non being a Member of the European Union, concerning the
implementation or execution of a project by the parties to that agreement, if
that agreement provides for contract award procedures other than those
provided for this in this Act;
2) contracts of the National Bank of Poland related to:
a) the exercise of tasks concerning the implementation of the financial policy,
in particular contracts for financial se rvices in connection with the issue,
sale, purchase or transfer of securi ties or other financial instruments,
b) the trading of securities issued by the State Treasury,
c) the management of internal and external debt,
d) the issue of currency and the administering of that currency,
e) accumulation of foreign exchange re serves and management of those
reserves,
f) accumulation of gold and precious metals,
g) the operation of bank accounts and conduc t of bank financial settlements;
3) contracts where the object of the contract includes: a) arbitration or conciliation services,
b) services of the National Bank of Poland,
c) [deleted]

d) [deleted] e) research and development services and provision of research services,
which are not wholly remunerated by the awarding entity and which
results are not exclusively owned by the awarding entity,

f) supplies and services being s ubject to Article 296 of the Treaty establishing
the European Community ,
g) purchase, preparation, production or co -production of programme material
intended for broadcasting by radi o or television broadcasters,
h) purchase of broadcasting time,

5
i)
purchase of property rights and other right s to real estates, in particular
lease and rental rights,
j) financial services related to the issue, sa le, purchase or transfer of securities
or other financial instruments, in part icular when related to transactions
aimed at obtaining financial resources or capital for the awarding entity;

k) supply of rights for emission of gr eenhouse gases and other substances,
units of certified reduction of emissions and reduction emission units,
within the meaning of regulations on the trade of rights for emission of
greenhouse gases and other substances into the atmosphere;

4) employment contracts;
4a)
[deleted] 5) contracts which are declared state secret according to the provisions on protection
of confidential information or when the ba sic interest of the State’s security so
requires, or the contracts declared confiden tial, if the basic public interest or basic
state interest so requires;
6) contracts for services awarded to anothe r awarding entity, referred to in Article 3
paragraph 1 items 1-3a, which by means of an act or administrative decision has
been granted with the exclusive right to render those services;
7) allocation of subsidies from public funds, if these subsidies are allocated pursuant
to acts;
8) contracts and contests where their valu e does not exceed the equivalent in PLN of
EUR 14 000;
9) [deleted]

10) contracts granted by entit ies performing at least one of the following types of
activities:
a) making available a public telecommunication network,
b) operation of a public tele communication network,
c) provision of publicly available teleco mmunication services by means of a
public telecommunication network or provi sion of electronic mail services by
means of such a network
– if the contract is awarded only for the purpose of carrying out one of such activities;
11) purchase of supplies, services or works from the central purchasing body or from
the economic operators selected by the central purchasing body.

Article 4a.
[deleted] Article 5.
1. In contract award procedures where the object of the contract includes
services listed in the Annex II B to the Di rective 2004/18/EC of the European Parliament
and of the Council of 31 March 2004 on the coor dination of procedures for the award of
public works contracts, public supply contract s and public service contracts or services
listed in Annex XVII B to Directive 2004/17/EC of the European Parliament and of the
Council of 31 March 2004 coordinating the procurement procedures of entities
operating in the water, energy, transport and postal services, the awarding entity may

6
not apply the provisions of this Act concerning
: time limits for requests to participate in
a procedure or time limits for submission of tenders, deposits, obligation to request
documents certifying the fulfilm ent of conditions for the participation in contract award
procedure, the prohibition to determine criteri a for evaluation of tenders on the basis of
the economic operator’s characteristics and preconditions other than those concerning
the contract value for the selection of negot iated procedure with publication, negotiated
procedure without publication, request-for- quotations and electronic bidding also the
preconditions for the selection of the si ngle-source procurement procedure and the
obligation to inform about these cases the P resident of the Public Procurement Office,
hereinafter referred to as “PPO President”.
2. If the contract includes at the same ti me services referred to in paragraph 1 and
other services, supplies or work s, provisions relating to the object of the contract with the
largest share in the given contract in terms of value shall be applicable to the award of the
contract.
3. The awarding entity may not combine other contracts with services, referred to in
paragraph 1, with the intention of avoiding th e application of contract award procedures
specified in this Act.

Article 6.
1. If a contract includes simultaneously th e provision of supplies and services, or
works and services, the award of the contract shall be regulated by provisions relating to the
object of the contract with the largest share in the given contract in terms of value.
2. If a contract includes simultaneously the provision of supplies and services
consisting in the sitting or installation of the supplied article or other good, provisions relating
to supplies shall apply to the award of such a contract.
3. If a contract includes simultaneously works and supplies necessary for their
execution, provisions relating to public works sha ll apply to the award of such a contract.
4. If a contract includes simultaneously services and works necessary for their
execution, provisions relating to services sha ll apply to the award of such a contract.

Art. 6a.
In case of tender for lots, the awarding en tity may apply provisions appropriate for the
value of the lot, if the value of the lot is less than the PLN equivalent of EUR 80 000 for
supplies and services and less than the PLN equivalent of EUR 1 000 000 for works,
under the condition that the total value of th ose lots is less than 20% of the contract
value.

Chapter 2
Principles of award of contracts
Article 7.
1. Awarding entities shall prepare and conduct contract award procedures in a manner
ensuring fair competition and equal tr eatment of economic operators.
2. Actions connected with th e preparation and conduct of contract award procedures
shall be performed by persons ensu ring impartiality and objectivity.

7
3. Contracts shall be awarded only to econom
ic operators chosen in accordance with
the provisions of this Act.

Article 8.
1. Contract award proce dures shall be public.
2. The awarding entity may limit the access to information connected with the award
procedure only under the circumst ances specified in this Act.
3. Information, which is regarded as a busi ness secret, within the meaning of the
provisions concerning the combating of unfair co mpetition, shall not be disclosed, if not later
than within the time limit fo r the submission of tenders an economic operator made a
reservation as to their nondisc losure. The economic operator may not stipulate that the
information referred to in Article 86 paragra ph 4 should not be disclosed. The provision of
this paragraph shall apply acco rdingly to design contests.

Article 9.
1. Contract award procedures shall be conduc ted in writing, subject to the exceptions
specified in this Act.
2. Contract award procedures shall be conducted in Polish.
3. In particularly justified cases the awarding entity may agree on the submission of a
request to participate in contract award pro cedures, statements, tenders and other documents
also in a language commonly used in internati onal trade or in a language of the country in
which the contract is awarded.

Article 10.
1. The primary procedures for awarding cont racts are open tendering and restricted
tendering.
2. Awarding entity may award contracts by negotiated procedure with publication,
competitive dialogue, negotiated procedure wi thout publication, single-source procurement
procedure, request-for-quotations procedure or by electronic bidding procedure only under the
circumstances specified in this Act.

Chapter 3
Contract notices

Article 11.
1. Notices referred to in this Act:
1) shall be placed in the Public Procurement Bulletin available on the portal of
Public Procurement Office, herein after referred to as the “PPO”;
2) shall be published in the Official Jour nal of the European Union if they are
dispatched to the Office for Official Pub lications of the European Communities.
2. [deleted] 3. [deleted]

8
4. The notice placed in the Public Procur
ement Bulletin may be modified by the
awarding entity by placing the notice on th e modification of the notice in the Public
Procurement Bulletin, which contain in particular the date of the modified contract
notice and its number.
5. The awarding entity may place the contract notice in Public Procurement Bulletin,
the publication of which is not manda tory due to the contract value.
6. The Prime Minister shall determine, by m eans of a regulation, the standard forms of
notices to be placed in the Public Procurement Bulletin, taking into consideration the types of
notices and value of contra ct or the design contest.
7. Notices to be dispatched to the Office fo r Official Publications of the European
Communities shall conform to the st andard forms laid down in the Commission Regulation
(EC) No. 1564/2005 of 7 September 2005 establis hing standard forms for the publication of
notices in the framework of public procur ement procedures pursuant to Directives
2004/17/EC and 2004/18/EC of the European Parliament and of the Council (OJ L 257 of
1.10.2005, p. 1), if the contract or design contest value exceeds the amounts provided for in
the provisions issued un der paragraph 8 below.
8. The Prime Minister shall determine, by m eans of a regulation, the value thresholds
of contracts and design contes ts which require the dispatch of a notice to the Office for
Official Publications of the European Communities, taking into consideration the applicable
provisions of the Community law.

Article 12.
1. The notices are placed in Public Procur ement Bulletin by electronic means using the
standard forms available on the PPO portal.
2. Notices shall be dispatched to the Office for Official Publications of the European
Communities in writing, by fax or by electronic m eans, and in cases provided for in the Act –
by electronic means in accordance with the fo rm and procedures indicated on the website,
referred to in paragra ph 3 of Annex VIII to Directive 2004/18/EC of the European Parliament
and of the Council of 31 March 2004 on the coordination of procedures for the award of
public works contracts, public supply contracts and public service contracts or in paragraph 3
of Annex XX to Directive 2004/17/EC of the European Parliament and of the Council of 31
March 2004 coordinating the procurement proce dures of entities operating in the water,
energy, transport and postal services sectors , hereinafter referred to as the “website referred
to in the directive ”.

3. The awarding entity is required to prove:
1) that the notice was placed in the Public Procurement Bulletin, and in particular
shall keep the proof thereof;
2) that the notice was published in the Offi cial Journal of the European Union,
and in particular shall keep the proof thereof.
4.
The notice published in the Official Jou rnal of the European Union may be
modified by the awarding entity by dispatching the Notice for additional information,
information on incomplete procedure or corrigendum to the Office for Official
Publications of the European Communities by electronic means in accordance with form
and procedures indicated on the webs ite specified in the Directive.

9

5. The awarding entity may dispatch to the Office for Official Publications of the
European Communities a notice, the publication of which is not mandatory because of the
value of a contract or design contest.

Art. 12a.
1. In case of modification of the contract notice placed in the Public Procurement
Bulletin or published in the Offi cial Journal of the European Union, the awarding entity
shall extend the time limit fo r submission of requests to pa rticipate in contract award
procedure or the time limit for submission of tenders to the additional time
indispensable to make changes in requests or tenders, if necessary.
2. If the modification, referred to in pa ragraph 1, is essential, in particular
concerns the description of the object, size and range of contract, contract award
criteria, conditions for participation in the contract award procedure or method used
for the evaluation of fulfilment of those co nditions, the awarding entity shall extend the
time limit for submission of requests to part icipate in contract award procedure or time
limit for submission of tenders to additional time indispensable to make changes in
requests or tenders, however in contract aw ard procedures where the value is equal to
or exceeds the amounts specified in provision s issued under Article 11 paragraph 8, the
time limit:
1) for submission of tenders shall not be less than 22 days – from the date of
dispatch of modification of the cont ract notice to the Office for Official
Publications of the European Communities- in case of open tendering;
2) for submission of requests to particip ate in the contract award procedure
shall not be less than 30 days, and in the event of extreme urgency for the
award of a contract not less than 10 days from the date the modification of
the contract notice is dispatched to th e Office for Official Publications of
the European Communities – in case of restricted tendering or negotiated
procedure with publication.
3. After the modification of the contract no tice is placed in the Public Procurement
Bulletin or dispatch to the Of ficial Journal of the European Union, the awarding entity
shall fortwith place the information on the mo dification in its seat and its website.

Article 13.
1. The awarding entity, immediately following the approval or adoption of a financial
plan according to the provisions, statute or agreement that the awarding entity is obliged to
follow, and in the case of awarding entities which do not prepare financial plans – once a
year, may dispatch to the Office for Official Publications of the European Communities or
post on its own website in a separate section for procurement, hereinafter referred to as the
“buyer’s profile”, a prior info rmation notice about contracts or framework agreements
envisaged for the following 12 m onths, the value of which:
1) for works – is equal or exceeds the threshold amount defined in the provisions
issued under Article 11 paragraph 8, resulting in the mandatory dispatch of
works contract notices to the Office for Official Publications of the European
Communities;
2) when totalled for supplies of value equal to or exceeding the threshold amounts
defined in the provisions issued under Article 11 paragraph 8 within a given
group provided for in the Regulation (EC) No. 2195/2002 of the European

10
Parliament and of the Council
of 5 November 2002 on the Common
Procurement Vocabulary (OJ L 340 of 16.12.2002, p. 0001-0562, Official
Journal of the European Union – Polis h Special Edition, chapter 6, table 7,
page 3 as amended
2), hereinafter referred to as the “Common Procurement
Vocabulary”, is equal or exceeds th e PLN equivalent of EUR 750 000;
3) when totalled for services of value equal to or exceeding the threshold amounts
defined in the provisions issued under Article 11 paragraph 8 within a given
category 1-16 defined in Annex III to the Common Procurement Vocabulary,
is equal or exceeds the PLN equivalent of EUR 750 000.
2. The notice referred to in paragraph 1 may be posted by awarding entity on the
buyer’s profile after dispatchi ng a notice on the buyer’s profile to the Office for Official
Publications of the European Communities by electronic means in accordance with the form
and procedures indicated on the webs ite referred to in the directive.
3. The provisions of paragraph 1 shall not apply to planned contracts for services
referred to in Article 5 paragr aph 1 nor to planned contracts awarded by a procedure other
than open tendering, restricted tendering, negotiated procedure with publication or
competitive dialogue.

TITLE II
AWARD PROCEDURES
Chapter 1
Awarding Entity and Economic Operators
Article 14.
Provisions of the Act of 23 April 1964 – the Ci vil Code (Journal of Law of 1964 No 16 item
93 as amended
3) shall apply to actions undertaken by the awarding entity and economic
operators in the contract awar d procedure, unless provisions of this Act provide otherwise.
Article 15.
1. Contract award procedures shall be pr epared and conducted by the awarding entity.
2. The awarding entity may entrust the preparation or the conduct of award
procedures, to its own organisa tional unit or to a third party.

2) This Regulation was amended by Commission Regulation (EC) No.. 2151/2003 of 16 December 2003
amending Regulation (EC) No.. 2195/2002 of the European Parliament and of the Council on the Common
Procurement Vocabulary (OJ L 329 of 17.12.2003, p. 1-270).
3 The amendments to the mentioned Act were published in the Dz. U. of 1971 No. 27, item 252, of 1976 No. 19
item 122, of 1982 No. 11 item 81, No. 19 item 147 and No. 30 item 210, of 1984 No. 45 item 242, of 1985 No.
22 item 99, of 1989 No. 3 item 11, of 1990 No. 34 item 198, No. 55 item 321 and No. 79 item 464, of 1991 No.
107 item 464 and 115 item 496, of 1993 No. 17 item 78, of 1994 No. 27 item 96, No. 85 item 388 and No. 105
item 509, of 1995 No. 83 item 417, of 1996 No. 114 item 542, No. 139 item 646 and No. 149 item 703, of 1997
No. 43 item 272, No. 115 item 741, No. 117 item 751 and No. 157 item 1040, of 1998 No. 106 item 668 and No.
117 item 758, of 1999 No. 52, item 532, of 200 No. 22 item271, No. 74 item 855 and 857, No. 88 item 983 and
114 item 1191, of 2001 No. 11 item 91, No. 71 item 733, No. 130 item 1450 and 145 item 1638, of 2002 No.
113 item 984 and 141 item 1176, of 2003 No. 49 item 408, No. 60 item 535, No. 64 item 592 and No. 124 item
1151, of 2004 No. 91item 870, No. 96 item 959, No. 162 item 1692, No. 172 item 1804 and No. 281 item 2783,
of 2005 No. 48 item 462, No. 157 item 1316 and No. 172 item 1438 and of 2006 No. 133 item 935

11
3. The entities referred to in paragraph 2 sha
ll act as plenipotentiaries of the awarding
entity.

Article 15a.
1. The central purchasing body may prepare and conduct contract award procedures,
award contracts or conclude framework agre ements for awarding entities of government
administration if such contracts are connected with the activities of more than one awarding
entity.
2. Awarding entities in government admi nistration may award contracts under a
framework agreement concluded by the central purchasing body if this is provided for in the
framework agreement.
3. The central purchasing body ma y perform the activities referred to in paragraph 1,
also for the purposes of other awarding entities.
4. The Prime Minister may appoint th e central purchasing body from among
government administration bodies or organiza tional units which are subordinate to or
supervised by them.
5. The Prime Minister may obligate its subo rdinate organizational units, by order, to
obtain certain types of contract s from the central purchasing body or from economic operators
selected by the central purchasing body, and to award contracts on the basis of a framework
agreement concluded by the central purchasing body, and to define the scope of information
to be provided by such units to the central purchasing body as necessary to conduct the
procedure, and the mode of coopera tion with the central purchasing body.
6. All provisions applicable to the awarding entity shall likewise apply accordingly to
the central purchasing body.

Article 16.
1. Awarding entities may conduct a procedure and award a contract jointly b
y
appointing from among themselves the awar ding entity entitled to conduct an award
procedure and award the c ontract on their behalf.
2. [deleted]

3. The Minister in charge of a section of the government administration may appoint,
by order, from among organisationa l units subordinate to or supervised by the Minister, a
competent awarding entity with respect to the conduct an award procedure and the award of
contracts on behalf of these units, and may also obligate such units to obtain certain types of
contracts from the indicated central purchasing body or from economic operators selected by
the central purchasing body, and to award contra cts on the basis of a framework agreement
concluded by the central purchasing body.

4. A unit of territorial self-government executive body may appoint by a regulation
from among the subordinated local government organisational units the competent
organisational unit with respec t to the conduct of an award procedure and the award of
contracts on behalf of these units.
5. Provisions relating to the awarding entity shall apply respectively to the awarding
entities referred to in paragraph 1.

12
Article 17.
1. Persons performing actions in connecti on with the conduct of award procedures
shall be subject to exclusion, if:
1) they are competing for a contract;
2) remain in matrimony, consanguinity or affi nity in direct line or consanguinity
or affinity in indirect line up to the se cond degree, or is related due to adoption,
legal custody or guardianship with ec onomic operator, his legal deputy or
members of managing or supervisory bodi es of economic operators competing
for a contract;
3) during the three years prior to the date of the start of the contract award
procedure they remained in a relationshi p of employment or service with the
economic operator or were members of managing or supervisory bodies of
economic operators competing for a contract;
4) remain in such legal or actual relati onship with the economic operator, which
may raise justified doubts as to their impartiality;
5) have been legally sentenced for an offence committed in connection with
contract award procedures, bribery, o ffence against economic turnover or any
other offence committed with the aim of gaining financial profit.
2. Persons performing actions in connection with a contract award procedure shall
provide a written statement, under the pain of penal liability for making false statements,
about the absence or existence of the ci rcumstances referred to in paragraph 1.
3. Actions in connection with the contra ct award procedure undertaken by a person
subject to exclusion after they became aware of the circumstances referred to in paragraph 1
shall be repeated, except for the opening of tenders and other factual actions having no
influence on the outcome of the procedure.
Article 18.
1. The head of the awarding entity shall be the person responsible for the preparation
and conduct of the contra ct award procedure.
2. Other persons shall be also responsible for the preparation and conduct of the
contract award procedure to the extent to which they have been entrusted with actions related
to the conduct and preparation of the contract award procedure. The head of the awarding
entity may entrust the performance of actions re served for him, which are specified in this
Chapter, to the employees of the awarding entity.
3. Where the preparation and conduct of the contract award procedure is reserved
under separate provisions to a body other than the head of the awarding entity, the provisions
relating to the head of the awarding entity shall apply to that body respectively.

Article 19.
1. The head of the awarding entity shall appoint a tender committee for the conduct of
an award procedure, hereinafter referred to as the “tender committee”, where the contract
value is equal to or exceeds the amounts specified in the pr ovisions issued under Article 11
paragraph 8.
2. Where the contract value is less than the amounts specified in the provisions issued
under Article 11 paragraph 8, th e head of the awarding entity may appoint a tender
committee. The provisions of this Chapter shall appl y accordingly.

13
3. Tender committee may be of a
permanent character or be appointed for a particular
procedure.

Article 20.
1. The tender committee is an auxiliary team of the head of the awarding entity
appointed to evaluate the fulfilment of the conditions for participation by economic operators
in a contract award procedure and to examine and evaluate tenders.
2. The head of the awarding entity may also entrust the tender committee with actions
related to the conduct and preparation of a contract award procedure other than those
specified in paragraph 1. The provisions of this Chapter shall apply accordingly.
3. The tender committee shall, in particular, submit to the head of the awarding entity
proposals to exclude an economic operator, reject a tender and to select the most
advantageous tender, and also, to the extent referred to in paragraph 1, sh all make a request to
cancel the contract award procedure.

Article 21.
1. Members of the tender committee shall be appointed and recalled by the head of the
awarding entity.
2. The tender committee shall be composed of at least 3 persons.
3. The head of the awarding entity sha ll specify the organisation, composition,
working procedure and scope of duties of me mbers of the tender committee to ensure its
efficient operation, individualisa tion of responsibility of its members for performed actions
and transparency of its work.
4. If the performance of specific actions in connection with the preparation and
conduct of a contract award procedure requires special knowledge, the head of the awarding
entity may at its own initiative or at the request of the tender committee appoint experts. The
provisions of Article 17 sh all apply accordingly.

Article 22.
1. Eligible to compete for a contract shall be economic operators who:
1) are authorised to perform specific activiti es or actions, if such authorisations
are required by the law;
2) have the necessary knowledge and exp erience, and have at their disposal
the technical potential and personnel capable of performing the contract;
or present a written commitment of other entities where the technical
potential and personnel capable of performing the contract is made
available to them;
3) are in a financial and economic situa tion ensuring the performance of the
contract;
4) are not liable to exclusion from the award procedure.
2. The awarding entity shall no t specify conditions for participation in the contract
award procedure in a manner restricting fair competition.

14

Article 23.
1. Economic operators may compete for a contract jointly.
2. In the event referred to in paragr aph 1, economic operators shall appoint a
plenipotentiary to represent them in the cont ract award procedure or in the procedure and
conclusion of a public procurement contract.
3. The provisions relating to economic ope rators shall apply respectively to the
economic operators referred to in paragraph 1.
4. If a tender submitted by economic operators, referred to in paragraph 1, has been
selected, the awarding entity may request prio r to the conclusion of a public procurement
contracts, an agreement resolving cooperation between those economic operators.
Article 24.
1. Excluded from contract aw ard procedures shall be:
1) economic operators who caused damage by failing to perform a contract
or by performing a contract improp erly if the damage was stated by
legally valid decision of the court in th e past 3 years prior to the launch of
the procedure;
2) economic operators against whom the winding up procedure has been started
or whose bankruptcy has been declar ed, except for economic operators who,
upon bankruptcy declaration, entered into a composition approved by a va
lid
court decision, unless such a composition provides for payment to the creditors
by a liquidation of the assets of the bankrupt entity;
3) economic operators who are in arrears with payment of taxes, charges or social
insurance or health insu rance premiums, with the exception of cases where
they have been legally exempted, th eir outstanding payments have been
deferred or divided into instalments or the execution of a decision of a
competent authority has been stopped in its entirety;
4) natural persons, who have been validly sentenced for an offence committed in
connection with a contract award procedure, offence against the rights of
people performing paid work, for briber y, for an offence against economic
turnover or for any other offence committe d with the aim of gaining financial
profits, as well as for treasury offence or an offence of participation in
organized crime group or in a union aimed at committing an offence or
treasury offence;
5) registered partnership whos e partner has been validly sentenced for an offence
committed in connection with a contract award procedure, offence against the
rights of people performing paid work, for bribery, for an offence against
economic turnover or for any other offe nce committed with the aim of gaining
financial profits, as well as for treasury offence or an offence of participation
in organized crime group or in a union aimed at committing an offence or
treasury offence;
6) professional partnership whose partner or member of the management board
has been validly sentenced for an o ffence committed in connection with a
contract award procedure, offence agains t the rights of people performing paid
work, for bribery, for an offence agains t economic turnover or for any other

15
offence committed with the aim of gaining financial profits, as well as for
treasury offence or an offence of partic
ipation in organized crime group or in a
union aimed at committing an offence or treasury offence;
7) limited partnership and limited joint-stoc k partnership whose general partner
has been validly sentenced for an o ffence committed in connection with a
contract award procedure, offence agains t the rights of people performing paid
work, for bribery, for an offence agains t economic turnover or for any other
offence committed with the aim of gaining financial profits, as well as for
treasury offence or an offence of partic ipation in organized crime group or in a
union aimed at committing an offence or treasury offence;
8) legal persons whose active member of the managing body has been validly
sentenced for an offence committed in connection with a contract award
procedure, offence against the rights of people performing paid work, for
bribery, for an offence against economi c turnover or for any other offence
committed with the aim of gaining financ ial profits, as well as for treasury
offence or an offence of participatio n in organized crime group or in a union
aimed at committing an offence or treasury offence;
9) collective entities, with respect to whom a court has issued a decision
prohibiting them from competing for contracts under the prov isions concerning
the liability of collective entities for tort under the liability to penalty;
10) economic operators who fail to comply with the conditions for participation in
an award procedure referred to in Article 22 paragraph 1 items 1-3.
2. Excluded from contract awar d procedures shall also be:
1) economic operators who dire ctly performed actions in connection with the
preparation of the conducted procedur e or while preparing a tender used
persons performing those actions, unless the participation of such economic
operators in the procedure shall not distort fair competition; this provision shall
not apply to any economic operators who are awarded with a contracts under
Article 62 paragraph 1 item 2 or Article 67 paragraph 1 items 1 and 2;
2) economic operators who provided false information having impact on the
outcome of the procedure being conducted;
3) economic operators who have not submitted a statement about the fulfilment of
the conditions for participation in th e procedure or documents confirming the
fulfilment of those conditions or the submitted documents contain errors,
subject to Article 26 paragraph 3;
4) economic operators who have not provide d a tender deposit, including the one
for the extended period during which they must maintain their tenders or have
not agreed to the extension of the peri od during which they must maintain their
tenders.
3.
The awarding entity shall forthwith inform the economic operator about exclusion
from the award procedure providing factual and legal grounds, subject to Article 92 paragraph
1 item 3.

4. The tender of an excluded economic ope rator shall be considered rejected.

16

Art. 24a.
The awarding entity, after the court’s deci sion, referred to in Article 24 paragraph 1
item 1, becomes legally binding, shall dispatch its copy to the President of PPO. After
the receipt of the copy, the PPO President shall forthwith make change in the register,
referred to in Article 154 item 5a.

Article 25.
1. In contract award procedures the awar ding entity may request from economic
operators only declarations and documents necessary to conduct procedures. Declarations and
documents proving:
1) that they satisfy the conditions fo r participation in the procedure;
2) that the tendered supplies, services and works satisfy the requirements
specified by the awarding entity
– the awarding entity shall indicate in the contract notice, specification of the
essential terms of contract or in the invitation to tender.
2. The Prime Minister shall specify, by a re gulation, the types of documents which the
awarding entity may require from the economic operator and the forms in which such
documents may be provided, taking into consideration that instead of such document, the
economic operator may provide a declaration ma de before a competent authority to confirm
his compliance with conditions for participation in a contract awarding procedure, and that the
economic operator may prove his lack of criminal record particularly by means of information
from the National Register of Criminal Record s, and the confirmation that tendered supplies,
services and works correspond to the requireme nts defined by awarding entity may be the
confirmation issued particularly by the entity authorized to carry out quality controls, and
likewise taking into consideration that the forms of such documents should make it possible to
award contract using electronic means.
Article 26.
1. Where the value of the contract is equa l to or exceeds the amounts specified in the
provisions issued under Article 11 paragraph 8, the awarding entity shall request from the
economic operators documents proving that they satisfy the conditions for participation in the
procedure.
2. Where the value of the contract does not exceed the amounts specified in the
provisions issued under Article 11 paragraph 8, the awarding entity may request from the
economic operators documents proving that they satisfy the conditions for participation in the
procedure.
3. The awarding entity shall call on economic operators who did not submit
declarations or documents, referred to in Article 25 paragraph 1, or the economic
operators who did not submit plenipotentiaries, or the economic operators who
submitted declarations or documents referred to in Article 25 paragraph 1, that contain
errors or those who submitted defective plen ipotentiaries to supplement the documents
in a defined time limit unless, despite the supplement, the tender of the economic
operator is rejected or the cancellation of the procedure is necessary. The declarations
or documents, submitted on request of the awarding entity, shall confirm that the
economic operator satisfies the conditions for participation in the award procedure and

17
shall confirm the fulfilment by supplies, servi
ces or works of conditions specified by the
awarding entity, not later than on the day when the time limit for submission of the
requests to participate in the co ntract award procedure expires.
4. The awarding entity shall fix a time limit for explanations referring to documents
and declarations, referred to in Article 25 paragraph 1.
5. [deleted]

Article 27.
1. In award procedures, the awarding entity and the economic operators shall provide
statements, requests, notifications and information in writing, by fax or by electronic means,
as selected by the awarding entity.
2. If the awarding entity or the economic operator provides statements, requests,
notifications and information by fax or by electronic means, either party at the request of the
other party shall acknowledge the receipt immediately.
3. The selected method for providing statements, requests, notifications and
information may not restrict competition; the written form shall be always permissible unless
the Act provides otherwise.
4. The awarding entity may require in a contra ct notice, the requests to participate in a
contract award procedure to be sent by fax, to be confirmed in writing or in electronic form
with a secure electronic si gnature verifiable using a va lid qualified certificate.
5. The information about the submission of th e request to participate in a contract
award procedure may be made by telephone prior to the expiry of the time limit for
submission of the request to participate in a co ntract award procedure. The request shall be
deemed as made within the time limit if the reque st has been sent in writing to the awarding
entity, prior to the expiry of the time limit for the submission of requests to participate in the
award procedure and the awarding entity has received it not later than within 7 days from the
expiry of the time limit for submission of such requests.

Article 28. [deleted]

Chapter 2
Preparation of a procedure

Article 29.
1. The object of the contract should be desc ribed in an unequivocal and exhaustive
manner by means of sufficiently precise and comprehensive wording, taking into
consideration all requirements and circumstance s which could influence the preparation of a
tender.
2. The object of the contract shall not be described in a manner which could restrict
fair competition.
3. The object of the contract shall not be described by reference to trade marks,
patents or origin unless this is justified by the nature of the obj ect of the contract or where the

18
awarding entity cannot otherwise describe the object
of the contract with sufficient precision,
provided that such references are acc ompanied by the words “or equivalent” .

Article 30.
1. The awarding entity shall describe the object of contract using technical and
qualitative characteristics complying with the Polish Standards transposing European
harmonised standards or with the standards of the European Economic Area member states
transposing those standards.
2. In the absence of Polish Standards tran sposing European harmonised standards or
the standards of the European Economic Area memb er states transposing those standards, the
following standards shall be taken into consideration (in order):
1) European technical approvals;
2) common technical specifications;
3) international standards;
4) other technical reference systems provided for by the European standardisation
bodies.
3. In the absence of Polish Standards tran sposing European harmonised standards or
the standards of the European Economic Area me mber states transposing those standards and
in the absence of the approvals, specifications, standards and systems referred to in paragraph
2, the following standards shall be ta ken into consideration (in order):
1) Polish Standards;
2) Polish technical approvals;
3) Polish technical specifications.
4. When describing the object of the contract with the use of standards, approvals,
technical specifications and systems of refere nces, referred to in paragraphs 1 – 3, the
awarding entity shall be required to indicate, that it admits the solutions equivalent to those
described ones.
5. The economic operator, when citing the solu tions equivalent to the one described by
the awarding entity, shall be required to point out, that its tendered supplies, services and
works meet the requirements specified by the awarding entity.
6. The awarding entity may not describe the object of contract on the basis of the
provisions of paragraph 1-3 if it provides a precis e description of the object of contract by
indicating the functional requir ements. Such requirements may include a description of
environmental impact.
7. In describing the object of contract, the names and codes provided for in the
Common Procurement Vocabulary shall be used.

Article 31.
1. The awarding entity shall describe the object of a public works contract using
design documentation and technical specification of the execution and acceptance of works.
2. Where the object of contract involves th e design and execution of works within the
meaning of the Act of 7 July 1994 – Construction Law , the awarding entity shall describe the
object of the contract using a functional and utility programme.

19
3. The functional and utility programme sha
ll include the description of the works
where the designation of the finished works, as well as the technical, economic, architectural,
material and functional requirements to be complied with, are indicated.
4. The competent Minister in the field of construction, spatial development and
housing shall specify by a regulation the detailed scope and form of:
1) design documentation,
2) technical specification of the ex ecution and acceptance of works,
3) functional and utility programme
– having regard to the type of works, as well as the names and codes of the Common
Procurement Vocabulary.

Article 32.
1. The value of the contract shall be determined on the basis of the total estimated
remuneration of the economic operator, exclud ing the tax on goods and services, determined
by the awarding entity with due diligence.
2. The awarding entity may not split up a contra ct into lots or understate its value with
the intention of avoiding the application of this Act.
3. When the awarding entity envisages the aw ard of supplementary contracts referred
to in Article 67 paragraph 1 items 6 and 7 or Article 134 paragraph 6 item 3 and 4,
supplementary contracts shall be considered in the calculation of the value of the contract.

4. If the awarding entity allows for the possibility of submitting tenders for lots or
awards the contract in lots, where each of those lots constitu tes the object of a separate
procedure, the value of the contract shall be the aggregate value of all those lots.
5. Where a separate, financially independent organisational unit of the awarding entity
awards a contract in connection with its own acti vities, the value of the awarded contract shall
be calculated separately from the value of c ontracts awarded by other financially independent
organisational units of that awarding entity.
6. The value of a dynamic purchasing system shall be the total value of contracts
included in this system which the awarding ent ity intends to award over the period of the
duration of the dynamic purchasing system.
7. The value of a framework agreement is the total value of contracts which the
awarding entity intends to award over the period of duration of the framework agreement.

Article 33.
1. The value of public works contract shall be determined on the basis of:
1) investor’s cost calculation, made at th e stage of preparation of the design
documentation, or on the basis of the envi saged cost of works specified in the
functional and utility programme – where the object of the contract involves
works within the meaning of the Act of 7 July 1994 Construction Law ;
2) envisaged cost of design work and the e nvisaged cost of works specified in the
functional-utility program – where the object of the contract involves the
design and execution of work s within the meaning of the Act of 7 July 1994
Construction Law .

20
2. In calculating the value of a public works
contract, the contract value must include
also the value of supplies needed to carry out the works, which the awarding entity makes
available to the economic operator.
3. The competent Minister in the field of construction, spatial development and
housing shall specify by a regulation:
1) methods and basis for preparing investor’s cost calculations;
2) methods and basis for calculation of envisaged costs of design work and
envisaged costs of works specified in the functional and utility programme
– taking into consideration technical, technological and organisational data which influence
the contract value.

Article 34.
1. The basis for calculating the value of a cont ract for recurring services or supplies
shall be the total value of contracts of the same type:
1) awarded over the previous 12 months or in the previous budget year, taking
into account the quantitative changes of the purchased services or supplies and
the average annual index of consumer pr ices (ICP) of products and services
forecasted for a given year, or
2) which the awarding entity intends to award within 12 months following the
first delivery of such services or supplies.
2. The choice of the basis for calculating the value of contracts for recurring services
or supplies shall not be made with the aim of avoiding the application of the provisions of this
Act.
3. Where the contract is awarded: 1) for the indefinite duration, the contract value shall be the value determined
taking into account of a 48-month time pe riod of the contract performance;
2) for a determinate duration:
a) not exceeding 12 months – the contract value shall be the value determined
taking into account the time of its duration;
b) exceeding 12 months – the contract value shall be the value determined
taking into account the time of its dur ation, and in case of contracts for
supplies acquired on the basis of rent, lease or leasing, along with a final
value of the object of the public procurement contract.
4. Where the contract covers banking services or other financial services, the value of
the contract shall be banking fees, charge s, interests and other similar services.
5. Where the contract for services or supplie s provides for option clauses, the basis for
calculating the contract value shall be the biggest possible scope of that contract inclusive of
the option clauses.

Article 35.
1. The contract value shall be calculated not earlier than 3 m onths prior to the date of
the start of a contract award procedure where the object of the contract covers supplies or

21
services and not earlier than 6
months prior to the date of the start of a contract award
procedure in the case of works.
2. If the circumstances having influence on the calculation of the contract have
changed after that calculation was made, the awarding entity shall make a change in the
calculation prior to the star t of the award procedure.
3. At least once in two years the Prime Minister shall specify, by means of a
regulation, the average exchange rate of PLN against EUR constituting the basis for
converting the value of contracts, taking into ac count the average exchange rate announced by
the European Commission in the Offi cial Journal of European Union.

Article 36.
1. The specification of essential terms of the contract shall include at least:
1) name (company name) and address of the awarding entity;
2) procedure for awarding the contract;
3) description of the object of contract;
4) time limit for contract performance;
5) description of the conditions for par ticipation in the procedure and the
description of the method used for the evaluation of the fulfilment of those
conditions;
6) information concerning declarations and documents to be provided by
economic operators to confir m the fulfilment of the conditions for participation
in the procedure;
7) information on the manner of communicat ion between the awarding entity and
economic operators as well as of disp atch of declarations and documents,
indication of persons authorised to communicate with the economic operators;
8) deposit requirements;
9) time limit during which an economic operator must maintain its tender;
10) description of the manner of the tender preparation;
11) date and place of the submission and of the opening of tenders;
12) description of the method of the price calculation;
13) description of criteria which the awarding entity will apply in selecting a
tender, specifying also th e importance of particular criteria and method of
evaluation of tenders;
14) information concerning formalities which should be met following the
selection of a tender in order to c onclude a public procurement contract;
15) requirements concerning the security on due performance of the contract;
16) provisions of essence to the partie s which will be introduced into the
concluded public procurement contract, ge neral terms of the contract or model
contract, if the awarding entity require s the economic operator to conclude a
public procurement contract with it on these terms;
17) information on legal protection measures available to an economic operator
during the contract award procedure.

22
2. Unless the Act provides otherwise, the specification of the essential terms of the
contract shall also include:
1) description of the lots if the awarding entity admits the submission of tenders
for lots;
2) the maximum number of economic operato rs with whom the awarding entity
shall conclude a framework agreement if the awarding entity envisages to
conclude a framework agreement;
3) information about the envisaged supplem entary contracts as referred to in
Article 67 paragraph 1 items 6 and 7 or Article 134 paragraph 6 item 3 and 4,
if the awarding entity envisages the award of such contracts;
4) description of the method for submitting variants if admitted by the awarding
entity and the minimum requirements to be met by variants;
5) the e-mail or website address of the aw arding entity, if the awarding entity
admits communication by electronic means;
6) information concerning foreign currencies in which settlements between the
awarding entity and the economic operators can be made, if the awarding
entity envisages to settle c ontracts in foreign currencies;
7) if the awarding entity envisa ges an electronic auction:
a) information about the envisaged selecti on of the best tender with the use of
electronic auction,
b) requirements on the registration a nd identification of the economic
operators, including technical requi rements for computer devices,
c) information on which tender evaluation criteria shall be used in the
electronic auction;
8) the amount of reimbursement of the partic ipation costs in the award procedure,
if the awarding entity admits it.
3. In contract award procedures where the va lue is less than the amounts specified in
provisions issued under Article 11 paragraph 8, the specification of essential terms of contract
may not include the information referre d to in paragraph 1 items 6, 8 and 15.
4. The awarding entity request s the economic operator to indicate in its tender the
parts of the contract which the econo mic operator intends to subcontract.
5. The economic operator may entrust subcontractors with executing the
contract, except for the case when the awarding entity defined in the specification of the
essential terms of contract that the contract or its part may not be subcontract
ed on
account of the nature of the object of contract.

Article 37.
1. Specification of essential terms of the c ontract shall be provided free-of-charge,
subject to Article 42 paragraph 2.
2. The awarding entity may provide the specifi cation of essential terms of the contract
on its own website from the day, on which the contract notice is placed in the Public
Procurement Bulletin or published in the Official Journal of European Union until the expiry
of the time limit for submission of tende rs, subject to Article 42 paragraph 1.

23
Article 38.
1. The economic operator may request the awar ding entity to explain the contents of
the specification of essential terms of the c ontract. The awarding entity shall provide such
explanation immediately unless it received such a request for explanation less than 6 days
before the time limit for the submission of tende rs, and in the case of restricted tendering and
negotiated procedure with publication, if there is an extreme urgency of awarding a contract –
less than 4 days before the time limit for the submission of tenders.
2. The awarding entity shall provide the text of the queries along with the explanations
at the same time to all the ec onomic operators who have received the specification of essential
terms of contract, without disclo sing the source of the query, and shall post it on its website if
the specification is available on this website.
3. The awarding entity may arrange a meeting of all the economic operators to dispel
any doubts concerning the contents of the specification of essential terms of contract and post
likewise on its website an information concerning the date of the meeting if the specification
is on the website; in that case, information shall be prepared containing all specification
queries made during that meeting and the answ ers to such queries without disclosing the
source of the queries. Information from the m eeting shall be immediately provided to the
economic operators who have received the specif ication of essential terms of contract and
shall be posted on the website if the specification of essential terms of contract is placed on
the website.
4. In justified cases, the awarding entity may, prior to the expiry of the time limit
for the submission of tenders, modify the cont ent of the specification of essential terms
of contract. This modification shall be immediately provided to all the economic
operators who have received the specification of essential terms of contract, and it shall
be posted on the website of the awarding enti ty if the specification is available on this
website.
4a. If the modification of specification of essential terms of contract in contract
award procedure under open tendering leads to modification of the contract notice, the
awarding entity:
1) shall place the notice on the modifi cation of the notice in the Public
Procurement Bulletin, if the contract value is less than the amounts specified in
the provisions issued under Article 11 paragraph 8;
2) shall dispatch the Notice for additional information, information on
incomplete procedure or corrigendum to the Office of Official Publications of the
European Communities by electronic means in accordance with form and
procedures indicated on the website speci fied in the Directive, if the contract
value is equal to or exceeds the amounts specified in the provisions issued under
Article 11 paragraph 8.
4b. Without prejudice to exceptions envisage d in the Act, the modification of the
specification of essential terms of contract after the expiry of the time limit for the
submission of requests to participate in the contract award procedure under restricted
tendering, negotiated procedure with publicat ion, which lead to modification of the
content of contract notice, is inadmissible.
5. [deleted] 6. If an additional time is necessary to make changes to the tenders due to the
modification of the content of specification of essential terms of contract which does not
lead to the modification of the content of the contract notice, the awarding entity shall

24
extend the time limit for the submission of
tenders, and shall notify it to the economic
operators who have received the specification of essential terms of contract, and shall
likewise post this information on its websit e if the specification is available on this
website.
7. [deleted] Chapter 3
Procedures for awarding public contracts
Section 1
Open tendering

Article 39.
Open tendering means contract award procedures in which, following a public contract
notice, all interested economic operators may submit their tenders.

Article 40.
1. In open tendering the awarding entity co mmences an award procedure by placing
the contract notice in a place accessible to the public in its seat and on its website.
2. Where the value of the contr act is less than the amounts sp ecified in the provisions
issued under Article 11 paragraph 8, the awarding entity shall place the contract notice in the
Public Procurement Bulletin.
3. If the contract value exceeds the amounts specified in the provisions issued under
Article 11 paragraph 8, the awardi ng entity shall dispatch a contract notice to the Office for
Official Publications of the European Communities.
4. Where the contract value is equal to or exceeds the PLN equivalent of EUR 20 000
000 for works, and of EUR 10 000 000 for supplie s and services, the awarding entity shall
place a contract notice in a national daily or periodical .
5. The awarding entity may also publish a contract notice in a different manner.
6. The contract notice placed or published, accordingly, in a place accessible to the
public in the seat of the awarding entities, on websites referred to in pa ragraph 1, in a national
daily or periodical or in any other manner:
1) shall not be placed or published prior to the day, on which the notice is placed
in Public Procurement Bulletin, and in th e case referred to in paragraph 3, prior
to the day of its dispatch to the Office fo r Official Publications of the European
Communities;
2) shall not contain information other than the one placed in Public Procurement
Bulletin, and in the case referred to in paragraph 3, other than the inf
ormation
dispatched to the Office for Offici al Publications of the European
Communities;
3) shall contain information about the day th e contract notice is to be placed in
the Public Procurement Bulletin, and in the case referred to in paragraph 3, on
the day of its dispatch to the Office for Official Publications of the European
Communities.

25

Article 41.
The contract referred to in Article 40 paragraph 1 shall contain at least:
1) name (company name) and address of the awarding entity;
2) type of the contract award procedure;
3) the website address where the specificatio n of essential terms of contract is
posted;
4) definition of the object of contract and of the volume or scope of the contract,
stating whether it is possible to submit tenders for lots;
5) information concerning the possibility of submitting variants;
6) contract execution date;
7) description of the conditions for particip ation in the award procedure as well as
description of how comp liance with these conditions is evaluated;
8) information concerning the deposit;
9) criteria for evaluation of te nders and their significance;
10) place and time limit for submission of tenders;
11) time limit during which a economic opera tor must maintain his tender;
12) information on the intention to conclude a framework agreement;
13) information on the intention to es tablish a dynamic purchasing system
including the website address where additional information concerning the
dynamic purchasing system shall be posted;
14) information on the envisaged selection of the best tender with the use of
electronic auction including the address of the website where the electronic
auction shall be held.
15)
information on supplementary contra cts, referred to in Article 67
paragraph 1 item 6 and 7 or Article 134 paragraph 6 item 3 and 4, if the
awarding entity envisages the award of such contracts.

Article 42.
1. The specification of essential terms of contract shall be made available on the
website from the day, on which the contract noti ce is placed in Public Procurement Bulletin or
published in the Official Journal of European Union until the expiry of the time limit for
submission of tenders.
2. the awarding entity shall provide, at the request of economic operator, the
specification of essential terms of contract within 5 days. The fee, which the awarding entity
may demand, may only cover pr inting and delivery costs.

Article 43.
1. Where the value of the contract is less than the amounts specified in a provisions
issued under Article 11 paragraph 8, the awarding entity shall fix the t
ime limit for
submission of tenders taking into considerat ion the time necessary for preparation and

26
submission of tender, however, in case of cont
racts for supplies or services, the time limit
shall not be less than 7 days from the day, on wh ich the contract notice is placed in the Public
Procurement Bulletin, and in case of cont racts for works- not less than 20 days..
2. If the contract value is equal to or exceeds the amounts specified in the provisions
issued under Article 11 paragraph 8, the time lim it for the submission of tenders shall not be
less than:
1) 40 days – from the day of dispatch of the contract notice to the Office for
Official Publications of the European Communities by electronic means with
the use of the standard form and pro cedures indicated on the website referred
to in the directive;
2) 47 days – from the day of dispatch of the contract notice to the Office for
Official Publications of the European Communities, in other way than
specified in item 1.
3. If the contract value is equal to or exceeds the amounts specified in a provisions
issued under Article 11 paragraph 8, and the information about the contract was included in
the prior information notice on contracts planne d within the next 12 months, dispatched or
posted on the buyer’s profile at le ast 52 days prior to the date of dispatch of the contract
notice to the Office for Official Publications of the European Communities, the awarding
entity may fix a time limit for subm ission of tenders not less than:
1) 29 days – from the day of dispatch of th e contract notice to the Office for Official
Publications of the European Communities by electronic means with the use of the
form and procedures indicated on the we bsite referred to in the directive.
2) 36 days – from the day of dispatch of th e contract notice to the Office for Official
Publications of the European Communities , in other way than specified in item 1.
4. The awarding entity may fi x time limits, referred to in paragraph 2 and 3, which are
5 days shorter.
Article 44.
The economic operator shall attach to his tender a declaration that he satisfies the conditions
for participation in the award procedure, and where the awarding entity requires so, he shall
also submit documents confirming the fulfilment of those conditions.

Article 45.
1. The awarding entity shall require the econom ic operators to pay a deposit where the
value of the contract is equal to or exceeds the expressed in PLN equivalent of the amounts
specified in the provisions issu ed under Article 11 paragraph 8.

2. The awarding entity may require the ec onomic operators to pay a deposit where
the value of the contract is less than the am ounts specified in the provisions issued under
Article 11 paragraph 8.

3. The deposit shall be paid prior to th e final date for submission of tenders.
4.
The awarding entity shall define the amount of the deposit, however not more
than 3 % of the contract value.
5. If the awarding entity admits tenders for lots or awards contract in lots, it shall
define the deposit amount for each lot. The prov isions of paragraph 4 shall apply accordingly.

27
5a. If the awarding entity envisages th
e award of supplementary contracts,
referred to in Article 67 paragraph 1 item 6 and 7 or Article 134 paragraph 6 item 3 and
4, the awarding entity shall estimate the value of the deposit for the value of the main
contract. The provisions of Article 4 shall apply accordingly.
6. The deposit may be paid in one or several of the following forms:
1) cash;
2) bank sureties or guarantees of collective savings-loan fund, however the surety
of collective savings-loan fund is always a financial surety;
3) bank guarantees;
4) insurance guarantees;
5) sureties given by entities, referred to in Article 6b paragraph 5 item 2 of the
Act of 9 November 2000 on Establishmen t of Polish Agency for Enterprise
Development (Dz. U. No. 109, item 1158, as amended
4) .
7. A deposit paid in cash shall be paid by a bank transfer to a bank account indicated
by the awarding entity.
8. A deposit paid in cash shall be kept by the awarding entity in a bank account.

Article 46.
1. The awarding entity shall re turn a deposit forthwith, if:
1) the time limit during which the economic operator must maintain his tender
has expired;
2) the public procurement contract has been concluded and the security on due
performance of this cont ract has been provided;
3) the awarding entity cancelled the contract award procedure and any protests
have been ultimately resolved or the time limit for the submission thereof has
expired.
2. Without prejudice to paragraph 4, the awarding entity shall forthwith return
the deposit at the request of the economic operator:
1) who withdrew his tender prior to the expiry of the time limit for submission of
tenders;
2) who was excluded from the procedure;
3) whose tender was rejected.
3. The awarding entity may re quest a new deposit from the economic operators, whose
deposit was returned based on the paragraph 2 ite m 2 and 3, if the exclusion of the economic
operator or rejection of tender wa s annulled as a result of the final resolution of protest. The
economic operators pay a deposit within th e time limit fixed by the awarding entity.
4. If the deposit was paid in cash, the awar ding entity shall return it together with
interest resulting from the ba nk account agreement where it was kept, less the cost of bank
charges for maintaining the account and commi ssion for the transfer of money to the bank
account indicated by th e economic operator.
4 The amendments to the mentioned Act were published in the Dz. U. of 2002 No. 25 item 253, No. 66 item 596
and No. 216 item 1824, of 2004 No. 145 item 1537 and No. 281 item 2785, of 2005 No. 132 item 1110, No. 179
item 1484 and No. 249 item 2104 and of 2006 No. 149 item 1074.

28
4a. The awarding entity shall retain the
deposit together with interest, if the
economic operator in response to the call, re ferred to in Article 26 paragraph 3, did not
submit declarations or do cuments, referred to in Ar ticle 25 paragraph 1, or
plenipotentiaries, unless the economic operator proves that it was due to reasons not on
its part.
5. The awarding entity shall retain the depos it together with interest, if the economic
operator whose tender has been selected:
1) refused to sign the public procurement c ontract on the terms specified in the
tender;
2) failed to produce the required security on due performance of the contract;
3) the public procurement contract could not be signed due to a fault on the part
of the economic operator.

Section 2
Restricted tendering
Article 47.
Restricted tendering means cont ract award procedures in which, following a public contract
notice, economic operators submit requests to participate in a contract award procedure, and
tenders may be submitted by economic operators invited to submit their tenders.

Article 48.
1. Article 40 shall apply accordingly to the start of a restricted procedure.
2. The contract notice, referred to in Artic le 47, shall include at least the following:
1) name (company name) and address of the awarding entity;
2) type of contract award procedure;
3) description of the object of the contr act providing information concerning the
possibility of submitting tenders for lots;
4) information concerning the possibility of submitting variants;
5) contract execution date;
6) description of conditions for participation in a procedure, along with
provision of their weightiness and description of the manner for
evaluation of fulfilment of these conditions;
7) information about declarations and do cuments to be delivered by economic
operators to prove the fulfilment of th e conditions for participation in the
award procedure;
8) number of economic operators to be invited to submit their tenders;
9) information on a deposit;
10) criteria for evaluation of tenders and their relative weightings;
11) place and time limit for submitting reque sts to participate in the award
procedure;

29
12)
website address where the specification of essential terms of contract is posted,
if the awarding entity posts th e specification on the website;
13) information on the intention to conclude a framework agreement;
14) information on the envisaged selection of the best tender with the use of
electronic auction including the address of the website where the electronic
auction shall be held.
15) information on supplementary cont racts, referred to in Article 67
paragraph 1 item 6 and 7 or Article 134 paragraph 6 item 3 and 4, if the
awarding entity envisages the award of such contracts.

Article 49.
1. If the contract value is less than the am ounts specified in the provisions issued under
Article 11 paragraph 8, the awarding entity shall fix in the contract notice a time limit for
submission of requests to participate in a pr ocedure taking into consideration the time
necessary for preparation and lodging of the required documents, however the time limit may
not be less than 7 days from the day, on which the contract not ice is placed in the Public
Procurement Bulletin.
2. If the contract value is equal to or exceeds the amounts specified in the provisions
issued under Article 11 paragraph 8, the time lim it for submitting requests to participate in a
restricted tendering procedure may not be shorter than:
1) 30 days – from the day the contract notice is dispatched to the Office for
Official Publications of the European Communities by electronic means with
the use of the form and procedures pos ted on the website referred to in a
directive;
2) 37 days – from the day the contract notice is dispatched to the Office for
Official Publications of the European Communities in other way than referred
to in item 1.
3. In the event of extreme urgency for the awar d of a contract the awarding entity may,
in the cases referred to in paragraph 2, fix a shorter time limit for the submission of requests
to participate in a restricted tenderin g procedure, however not shorter than:
1) 10 days – from the day the contract no tice is dispatched to the Office for
Official Publications of the Europe an Communities by electronic means with
the use of the form posted on the webs ite referred to in a directive;
2) 15 days – from the day the contract no tice is dispatched to the Office for
Official Publications of th e European Communities by fax.

Article 50.
1. The economic operator shall attach to his
request to participate in contract award procedure
a declaration that he satisfies the conditions for participation in the award procedure, and
where the awarding entity requires so, he sh all also submit documents confirming the
fulfilment of those conditions.
2. In case of lodging the request to part icipate in contract award procedure after
the expiry of the time limit, the awarding entity shall fo rthwith notify it to the economic

30
operator; the request shall be returned after th
e expiry of the time limit for lodging the
protest.

Article 51.
1. The awarding entity shall invite tenders from economic operators satisfying the
conditions for participation in the procedure in such a number, as specified in the contract
notice, which shall ensure competition and shall not be less than 5 and not more than 20.
1a. The awarding entity shall immediately in form the economic operators satisfying
the conditions for participation in the pro cedure about the results of the assessment of
compliance with such conditions an d the received compliance scores.

2. Where the number of economic operators satisfying the conditions for participation
in the procedure exceeds the number specified in the contract notice, the awarding entity shall
invite to submit the tenders those economic ope rators who received the highest compliance
scores. Economic operators who have not been invited to submit the tenders shall be deemed
excluded from the contract award procedure.

3. Where the number of economic operators satisfying the conditions for participation
in the procedure is less than specified in the co ntract notice, the awarding entity shall invite
all economic operators satisfying those conditions to submit tenders.
4. Along with the invitation to tender, the awarding entity shall provide the economic
operators with the specification of essential te rms of contract and shall indicate the day and
place of publication of the cont ract notice as referred to in Article 47. The provisions of
Article 36 paragraph 1 item s 5 and 6 shall not apply.

Article 52.
1. Where the contract value is less than the am ounts specified in the provisions issued
under Article 11 paragraph 8, the awarding entity shall fix a time limit for submission of
tenders taking into consideration the time necessary to prepare and submit a tender, however,
this shall not be less than 7 days from the da te of dispatch of the invitation to tender for
supplies and services, and not less than 14 days for works.

2. If the contract value is equal to or exceeds the amounts defined in the provisions
issued under Article 11 paragraph 8, the time limit for the submission of tenders may not be
shorter than 40 days from the date the i nvitation to submit tenders is dispatched.
3. In the event referred to in paragraph 2, the awarding entity may fix a time limit for
the submission of tenders not shorter than 36 da ys if the information about the contract was
included in the prior information notice conc erning contracts planned within 12 months,
dispatched or posted on the buyer’s profile at leas t 52 days prior to the date of dispatching the
contract notice to the Office for Official Publications of the European Communities.

4. In the event of an extreme urgency for the award of a contract the awarding entity
may, in the cases referred to in paragraph 2, fix a shorter time limit for submission of tenders,
which shall not, however, be less than 10 days.
5. The awarding entity may fix the time li mits, referred to in paragraph 2, five
days shorter, if the specification of essential terms of contract is available on its website
from the day of publication of the contract notice in the Official Journal of the
European Union until the expiry of the ti me limit for the submission of tenders.

31
Article 53.
The provisions of Article 45 and 46 shall apply to restricted tendering.

Section 3
Negotiated procedure with publication
Article 54.
Negotiated procedure with publication means c ontract award procedures in which, following
a public contract notice, the awarding entity shall invite economic operators admitted to
participate in the contract award procedure to submit initial tenders not containing prices,
negotiate the terms, and then invite them to submit the tenders.

Article 55.
1. The awarding entities may award cont racts by negotiated procedure with
publication if at least one of the circumstances listed below has occurred:
1) during the prior award procedure under ope n tendering, restricted tendering or
competitive dialogue all the tenders have been rejected and the original
conditions of the contract ar e not substantially altered;
2) in exceptional circumstances, where the nature of the supplies, services or
works or the entailed risks make prior pricing impossible;
3) the specific characteristics of the services to be procured cannot be established
in advance in such a way so as to enab le the selection of the best tender under
the procedure of open or restricted tendering;
4) the object of the contract is works carried out purely for the purpose of
research, experiment or development, a nd not to provide profits or to recover
any incurred research and development costs;
5) the contract value is less than the am ounts specified in the provisions issued
under Article 11 paragraph 8.
2. [deleted] Article 56.
1. In commencing a negotiated procedure with publication, the provisions of Article
40 and of Article 48 paragraph 2 shall apply accordingly.
2. For the submission of the requests to pa rticipate in a negotiated procedure with
publication, the provisions of Article 49 and 50 shall apply accordingly.

Article 57.
1. The awarding entity shall immediat ely inform the economic operators who
submitted requests to participate in a procedure on the results of compliance assessment and
about the received compliance scores.
2. The awarding entity shall invite to s ubmit initial tenders the economic operators
who comply with the participa tion requirements; in a number provided for in the contact

32
notice that ensures fair competition, not less th
an 3, however in the case where the value of
the works contract is equal to or exceeds the amounts specified in the provisions issued under
Article 11 paragraph 8, not less th an 5. The provisions of Articles 82-84, Article 89 paragraph
1 items 1-3, 5, 8 and Article 93 paragraph 1 it ems 1, 6-7 and paragraphs 2-4 shall apply
accordingly.
3. If the number of economic operators who comply with the participation
requirements is bigger than the one provided for in the notice, the awarding entity shall invite
to submit initial tenders the economic operators who have received the highest compliance
scores. All economic operators w ho have not been invited to submit an initial tender shall be
deemed as excluded from the contract award procedure.
4. If the number of economic operators who comply with the participation
requirements is less than that provided for in th e notice, the awarding entity shall invite to
submit initial tenders a ll the economic operators who have complied with the requirements.
5. Along with the invitation to submit initial tenders, the awarding entity shall provide
the specification of essential term s of contract. The provisions of Article 36 paragraph 1 items
5, 6, 9, and 11 shall not apply.
6. The awarding entity shall fix a time limit for the submission of initial tenders taking
into account the time necessary to prepare and submit an initial tender, however this time
limit may not be shorter than 10 days from the date of invitation to submit initial tenders.

Article 58.
1. The awarding entity shall i nvite to negotiations all the economic operators whose
initial tenders are non-rejectable , indicating the date and place of publication of the contract
notice.
2. The awarding entity shall conduct negotiation to supplement or to make more
precise the description of the object of contr act or the conditions for the public procurement
contract.
3. The negotiations shall be c onfidential. Without the other party’s consent, neither
party may disclose any technical nor business information connected with the negotiations.
4. Any requirements, explanations and in formation or documents related to the
negotiations shall be provided to th e economic operators on equal terms.

Article 59.
1. After conducting the negotiations, the aw arding entity may supplement or make
more precise the specification of essential term s of contract only insofar as it was the subject
of the negotiations.
2. The change referred to in paragraph 1 may not result in a substantial modification of
the object of contract or of th e initial terms of contract.

Article 60.
1. The awarding entity shall invite the ec onomic operators with whom it conducted the
negotiations to submit their tenders. The pr ovisions of Article 45 and 46 shall apply.
2. The invitation to tender shall at least contain information about:
1) place and date for the submission and for the opening of tenders;

33
2)
required deposit;
3) time limit during which an economic operator must maintain its tender.
3. The awarding entity shall fix a time limit for the submission of tenders taking into
account the time necessary to prepare and submit the tender; however that time limit shall not
be shorter than 10 days from the da te the invitation to tender is made.
4. In the event of any changes referred to in Article 59 paragraph 1, made by the
awarding entity, along with the invitation to subm it tenders, the awarding entity shall provide
the specification of essential terms of contract or shall place it on its website, if the
specification is available on this website.

Section 3a

Competitive dialogue Article 60a.
Competitive dialogue means contract award procedure in which, following a public contract
notice the awarding entity conducts a dialogue with selected economic operators, and then
invites them to tender.
Article 60b.
1. The awarding entity may aw ard a contract by competitive dialogue if the following
conditions are all met:
1) in particular, due to the complex nature of the contract, and in particular when
it is not possible to describe the object of the contract in accordance with
Articles 30 and 31 or to object ively define the legal or financial conditions of
contract performance, it is not possibl e to award contract by the open tendering
procedure or restricted tendering procedure;
2) the price is not the only criterion of the selection of the best tender.
2. [deleted] Article 60c.
1. To commence the competitive dialogue proce dure, the provisions of Article 40 and
Article 48 paragraph 2 shall apply accordingly, ho wever the contract notice shall also include:
1) a description of needs and requiremen ts of the awarding entity defined in a
way that enables the economic operators to prepare for participation in the
dialogue, or an information on the manne r of obtaining such a description;
2) information on the value of reward for the economic operators who, during the
dialogue, presented the solutions which c onstitute the basis for submission of
tenders, if the reward is envi saged by the awarding entity.
2. For submission of requests to particip ate in the dialogue, the provisions of
Article 49 paragraph 1 and 2 and Article 50 shall apply accordingly.

Article 60d.

34
1. The awarding entity shall immediately
inform the economic operators who have
submitted requests to participate in a procedure about the results of the assessment of their
compliance with the particip ation requirements and about their compliance scores.
2. The awarding entity shall invite to competitive dialogue the economic operators
who comply with the participation requirements; in a number specified in the contract notice
which shall ensure competition, not less than 3, however in the case where the contract value
is equal to or exceeds the amounts specified in the provisions issued under Article 11
paragraph 8, not less than 5.
3. If the number of economic operators who comply with the participation
requirements is bigger than the one provided for in the notice, the awarding entity shall invite
to participate in the dialogue those economic operators who have received the highest
compliance scores. All economic operators who ha ve not been invited to participate in the
dialogue shall be deemed as excluded from the contract award procedure.
4. If the number of economic operators who comply with the participation
requirements is less than that provided for in th e notice, the awarding entity shall invite to
participate in the dialogue a ll economic operators who have complied with the requirements.
5. The invitation to participate in th e dialogue shall include at least:
1) information about the date and place of publication of the contract notice;
2) description of the needs and requirements of the awarding entity specified in a
manner that allows the economic operato rs preparation to participate in a
dialogue, or information concerning the way of obtaining such description;
3) information about the place and date of the start of the dialogue.
6. All requirements, explanation and inform ation or documents connected with the
dialogue shall be provided to the ec onomic operators on equal terms.
7. The conducted dialogue shall be confiden tial and may concern all the aspects of the
contract. Without the other party’s consent, neither party may disclo se any technical nor
business information connected with the dialogue.

Article 60e.
1. The awarding entity conducts the dialogue until it is capable of determining – by
comparing the solutions proposed by the economic operators, if necessary – the solution(s)
that best meet(s) its needs. Th e awarding entity shall immedi ately inform the participating
economic operators about the conclusion of the dialogue.
2. Prior to the invitation to tender, the awarding entity may make changes to the
technical and qualitative requirements concerning the object of contract which are the subject
of the dialogue.
3. Along with the invitation to submit tenders based on the solutions proposed during
the dialogue, the awarding entity shall provide the specification of essential terms of contract.
The provisions of Article 36 paragrap h 1 items 5 and 6 shall not apply.
4. The awarding entity shall fix a time limit for the submission of tenders, taking into
account the time necessary to prepare and subm it the tender, however the time limit may not
be shorter than 10 days from the date the invi tation to submit tender is made. The provisions
of Articles 45 and 46 shall apply.

35
Section 4
Negotiated procedure without publication Article 61.
Negotiated procedure without pub lication means contract award procedures in which the
awarding entity negotiates the terms of the contract with economic operators of his choice and
subsequently invites them to submit their tenders.

Article 62.
1. The awarding entities may award their contracts by negotiated procedure without
publication, if at least on e of the following circumstances has occurred:
1) during the prior award procedure under ope n or restricted tendering no request
to participate in the procedure has been submitted, no tenders has been
submitted or all the tenders have been rejected pursuant to the Article 89
paragraph 1 item 2 in view of the inco mpatibility with the description of the
object of contract, and the original term s of the contract are not substantially
altered;
2) the design contest referred to in Article 110 has been held, the prize of which
consisted in the invitation of at leas t two authors of the selected contest
projects to participate in ne gotiations without publication;
3) the object of the contract is products manufactured purely for the purpose of
research, experiment or development, a nd not to provide profits or to recover
research or development costs incurred;
4) due to a previously unforeseeable extrem e urgency for the award of a contract
not resulting from the ev ents brought about by the awarding entity, the time
limits provided for open te ndering, restricted tendering or negotiations with
publication may not be observed.
2. Where the contract value is equal to or exceeds the amounts specified in the
provisions issued under Article 11 paragraph 8, which require a dispatch of a contract notice
for supplies or services to the Office for Offici al Publications of the European Communities,
the awarding entity informs the PPO President about launching the procedure, within 3 days
from its start, stating factual and judicial just ification of a procedure for awarding a contract.
3. If the contract value is equal to or ex ceeds the amounts specified in the provisions
issued under Article 11 paragraph 8 the awar ding entity shall, prior to commencing the
negotiating procedure without publication under paragraph 1 item 1,dispatch information
about the cancellation of the procedure to the European Commission, provided that the
European Commission requested for it.

Article 63.
1. The awarding entity shall commence a negotiated procedure without publication
dispatching the inv itation to negotiate to economic operators of his choice.
2. The invitation to negotiate without publicati on shall include at least:
1) name (company name) and address of the awarding entity;
2) description of the object of the cont ract including information concerning the
possibility of submitting tender for lots;

36
3)
information concerning the possibility of submitting variants;
4) contract completion date;
5) description of conditions for participa tion in the procedure and the manner of
evaluating compliance with these conditions;
6) indication of a contract award pr ocedure and legal basis thereof;
7) criteria for evaluation of te nders and their weightings;
8) place and time limit for negotiati ons with the awarding entity.
3. The awarding entity shall invite to negotiate a sufficient number of economic
operators to ensure competition, which sha ll not be less than 5, unless due to a very
specialist nature of the contract there are less economic operators capable of performing
the contract, however the number shall not be less than 2.
4. In the case referred to in Article 62 pa ragraph 1 item 1 the awarding entity shall
invite to negotiate at least those economi c operators who submitted tenders under open or
restricted tendering. The provision s of paragraph 3 shall apply.

Article 64.
1. The awarding entity shall fix a time lim it for submission of tenders taking account
of the time necessary to pr epare and submit a tender.
2. When inviting to tender the awarding en tity may require economic operators to
provide a deposit. The provisions of Article 45 paragraphs 3-8 and Article 46 shall apply
accordingly.
3. The awarding entity shall dispatch the sp ecification of the essential terms of the
contract together with the invitation to tender. The provisions of Article 36 paragraph 1 item 5
shall not apply.

Article 65.
In negotiated procedure without publication, the provisions of Article 58 paragraphs 3 and 4,
and of Article 60 paragraphs 1 and 2 shall apply accordingly.

Section 5
Single-source procurement
Article 66.
Single-source procurement means contract award procedures in which the awarding entity
awards a contract after having negotia ted with only one economic operator.

Article 67.
1. The awarding entities may award their contracts by single-source procurement
procedure only if at least one of th e following circumstances has occurred:
1) supplies, services or works may be provided by only one economic operator:
a) for technical reasons of objective character,

37
b)
for reasons connected with protection of exclusive rights, resulting from
separate provisions,
c) in the case of the award of contract s in the field of creative and artistic
activities;
2) the design contest referred to in Article 110 has been held, in which the prize
consisted in the invitation for the author of the selected contest project to
negotiate under the single-source procurement procedure;
3) due to an exceptional situa tion, not resulting from events brought about by the
awarding entity, there is a need for prom pt execution of the contract, and the
time limits provided for other pro cedures may not be observed;
4) during successive award procedure of which at least one was conducted under
open or restricted tendering no request to participate in the procedure has been
submitted, no tenders has been submitted or all the tenders have been rejected
pursuant to the Article 89 paragraph 1 ite m 2 due to their incompatibility with
the description of the object of contract , and the original terms of the contract
are not substantially altered;
5) where a hitherto economic operator of serv ices or works is awarded additional
contracts not included in the main contract, which in total do not exceed 50%
of the value of that contract, are nece ssary for its proper performance and their
execution became necessary as a result of unforeseeable circumstances, if :
a) for technical or economic reasons the separation of an additional contract
from the main contract would requir e incomparably high costs to be
incurred or
b) the completion of the main contract is conditional upon the performance of
the additional contract;
6) in the case of the award, within 3 years from the award of the main
contract, to the hitherto economic operator of services or works of
supplementary contracts constituting not more than 50% of the main
contract value and involving the repetition of the same type of contracts, if
the main contract was awarded under the open or restricted tendering
procedure and the supplementary co ntract was provided for in the
contract notice for the main contract and is in conformity with the object
of the main contract;
7) in the case of the award, within 3 years fr om the award of the main contract, to
the hitherto economic ope rator of supplies, of supplementary contracts
constituting not more than 20% of the main contract value and involving the
expansion of supplies, if the change of economic operator would make it
necessary to purchase items of differ ent technical parameters, what would
result in technical incompatibility or disproportionately serious technical
difficulties in use and care, if the main contract was awarded under the open or
restricted tendering procedure and the s upplementary contract was provided for
in the specification of essential terms of the contract for the main contract and
concerns the object of the c ontract described therein;
8) it is possible to award a suppl y contract on particularly advantageous terms, in
connection with the winding-up procedure of the business activity of another
entity, enforcement proceedings or bankruptcy proceedings;

38
9)
supplies contracts shall be made at a commodity exchange within the meaning
of the regulations on commodity exchanges, including the commodity
exchange of other member states of the European Economic Area;
10) the contract is awarded by a Polish mi ssion abroad within the meaning of the
foreign service regulations, and its value is less than the amounts specified in
the provisions issued unde r Article 11 paragraph 8.
2. Where the contract value is equal to or exceeds the amounts specified in the
provisions issued under Article 11 paragraph 8, which require a dispatch of a contract notice
for supplies or services to the Office for Offici al Publications of the European Communities,
the awarding entity informs the PPO President about launching of a procedure, within 3 days
from its start, stating factual and judicial just ification of a procedure for awarding a contract.

3. The provisions of paragraph 2 shall not a pply in the case of contracts awarded under
paragraph 1:
1) item 1 Letter a, where the objects include:
a) supply of water via a water network syst em or disposal of sewage to the
sewage network system,
b) supply of electricity fr om a power network,
c) supply of natural gas from the gas mains,
d) supply of heat from the heat network,
e) general postal services within the meaning of the Act of 12 June 2003 –
Postal Law (Dz. U. No. 130, item 1188, as amended
5) ,
f) electricity, heat and gas fuels transmission services;
2) item 3, in order to reduce the conse quences of a random event caused by
external factors which coul d not be foreseen with certainty, in particular one
that posed a direct threat to the life or health of people, or one that posed the
threat of causing a serious damage;
3) items 8 and 9.
4. In the case of the award of contracts based on the paragraph 1 item 1 letter b,c
and item 2, as well as contracts, referred to in paragraph 3, the awarding entity may not
apply the provisions of Article 19-21, 24 par agraph 1 – 3 and Article 68 paragraph 1.

Article 68.
1. Along with the invitation to negotiation, the awarding entity shall dispatch
information necessary to conduct the procedure, including provisions that are important for
the parties, which shall be inserted in the c ontent of the public contract, general terms of
contract or the standard form of the contract . The provisions of Article 36 paragraph 1-3 and
Article 37 and 38 shall not apply. The provisions of Article 36 paragraph 4 and 5 shall apply
accordingly.
2. At the latest upon the conclusion of the public procurement contract, the economic
operator shall submit a declaration that it complies with the participation requirements, and if
the contract value is equal to or exceeds the amounts specified in the provisions issued under
5) The amendments to the mentioned Act were published in the Dz. U. of 2004 No. 69, item 627, No. 96, item
959, No. 171, item 1800 and No. 173, item 1808, of 2005 No. 267, item 2258 and of 2006 No. 104, item 708.

39
Article 11 paragraph 8, it shall also provide
documents to prove such compliance. The
provisions of Article 25 sh all apply accordingly.

Section 6
Request-for-quotations Article 69.
Request-for-quotations means cont ract award procedures in which the awarding entity sends a
request-for-quotations to economic operators of his choice and invites them to submit tenders.

Article 70.
The awarding entity may award a contract under the request-for-quotations procedure, if the
objects of the contract are generally available supplies or services of fixed quality standards,
where the contract value is less than the amoun ts specified in the regulation under Article 11
paragraph 8.

Article 71.
1. The awarding entity shall commence a reque st-for-quotations procedure by inviting
such a number of economic operators, providing s upplies or services being the object of the
contract within the framework of their co nducted business activities, which ensures
competition and the choice of the best tender, not less than 5.
2. Along with the in vitation to tender, the awardi ng entity shall provide the
specification of essential terms of contract. Th e provisions of Article 36 paragraph 1 items 8
and 15 shall not apply.
Article 72.
1. Each of the economic operators may propos e only one price and shall not change it.
Prices shall not be negotiable.
2. The awarding entity shall award a contra ct to the economic operator who offered
the lowest price.

Article 73.
The provisions of Article 44 and Article 64 paragraph 1 shall apply accordingly to the
request-for-quotations.

Section 7
Electronic bidding Article 74.
1. Electronic bidding means contract award procedures in which using a form
available on the website allowing to enter the ne cessary data on-line, economic operators shall
submit successive more advantageous tenders (bid increments), subject to automatic
classification.

40
2. The awarding entity may award a
contract under electronic bidding
procedure, where the contract value is less th an the amounts specified in the provisions
issued under Article 11 paragraph 8.

Article 75.
1. The awarding entity shall commence an electronic bidding procedure by
placing a contract notice in Public Procuremen t Bulletin, on its website and on the site
where the bidding is to be conducted.
2. Notice about the electronic auction, referred to in paragraph 1, shall contain at least:
1) name (company name) and address of the awarding entity;
2) indication of a contract award procedure;
3) description of the object of the contract;
4) requirements concerning registration a nd identification of economic operators,
including technical requirem ents of IT equipment;
5) manner of proceeding during electronic bidding, and in particular the minimum
bid increment;
6) information about the number of stages of the electronic bidding and their
duration;
7) time-limit for the submission of requests to participate in the electronic
bidding;
8) the opening date of the electronic bi dding and the date and terms of its
closing;
9) description of the conditions for participation in the procedure and description
of the manner of evaluating co mpliance with these conditions;
10) information on declarations and docu ments to be provided by the economic
operators to confirm compliance with the conditions for participation in the
procedure;
11) time limit during which a economic opera tor must maintain his tender;
12) contract completion date;
13) requirement concerning security on due performance of the contract;
14) provisions essential to the pa rties to be incorporated into the contents of the
concluded procurement contract or gene ral terms of the procurement contract,
or standard contract, if the awarding entity shall require from the economic
operators to conclude a procurement contract on such terms;
15) website address where the electr onic bidding is to be conducted.

Article 76.
1. The awarding entity shall fix a time limit for the submission of requests to
participate in the electronic bidding, which shall not be less than 7 days from the date of the
notice.
2. The awarding entity shall allow all ec onomic operators complying with the
conditions for participation in th e procedure to participate in the electronic bidding and shall

41
invite them to tender, specifying in the i
nvitation the time limit during which the economic
operator with the lowest price must maintain his tender.
3. The awarding entity may require the econom ic operators to pay a deposit within a
time limit specified by him, not later, however, than prior to the expiry of the opening date of
the electronic bidding. The provisions of Ar ticle 45 and 46 shall apply accordingly.
4. The awarding entity shall open the electron ic bidding within the time limit specified
in the notice, which however shall not be less than 5 days as from the date on which the
invitation to tender was dispat ched to economic operators.

Article 77.
From the moment of opening ti ll the closing of the electronic bidding the awarding entity and
economic operators shall submit requests, decl arations and other information by electronic
means of communication.

Article 78.
1. Tenders shall be submitted in electronic form.
2. Tenders submitted by economic operators shall be subject to automatic
classification based on price.
3. An economic operator must maintain his tender submitted in the course of a bidding
until another economic operator submits better tender.

Article 79.
1. The electronic bidding may be a one -stage or multi-stage procedure.
2. The awarding entities may, if they had made an appropriate reservation in the
notice, following the end of each stage of the el ectronic bidding, not qualify to the next stage
those economic operators who have failed to subm it new (bid increments), informing them of
the fact forthwith.
3. During each stage of the elect ronic bidding the awarding entity shall dispatch, on a
current basis, to all economic operators information about the position of their tenders, the
number of economic operators participating in each stage of the bidding, as well as their
quotations, however, information allowing identification of economic operato rs shall not be
disclosed until the closing of the electronic bidding.

Article 80.
1. The awarding entity shall close an electronic bidding:
1) within the time limit sp ecified in the notice;
2) if no new bid increments are submitted by the period specified in the notice, or
3) following the end of the last st age specified in the notice.
2. Directly following the closing of the el ectronic bidding the awarding entity shall
provide the name (company name) and addre ss of the economic operator whose tender has
been chosen at the website addr ess indicated in the notice.

42
3. The awarding entity shall award the contract to the economic operator who offered
the lowest price.

Article 81.
The provisions of Articles 36-38, Articles 82- 92 shall not apply to the electronic bidding.

Chapter 4
Selection of the best tender
Article 82.
1. An economic operator may submit one tender.
2. The tender shall, under the pa in of nullity, be submitted in writing or if the awarding
entity agrees, in electronic form with a secure electronic signature verifiable using a valid
qualified certificate.
3. The contents of the tender should correspon d to the contents of the specification of
essential terms of the contract.

Article 83.
1. The awarding entity may permit the possibility of submitting variants, where the
price is not the onl y award criterion.
2. The awarding entity may permit the possibi lity of submitting tenders for lots, where
the object of the contract is divisible.
3. In the case, referred to in paragraph 2, the economic operator may submit tenders
for one or more lots, unless the awarding entity specified the maximum number of lots for
which one economic operator may submit his tenders.

Article 84.
1. An economic operator may change or withdr aw his tender prior to the expiry of the
time limit for submission of tenders.
2. Tenders submitted after the expiry of the time limit for submission of tenders shall
be returned without opening after the expiry of the time limit for lodging protests.

Article 85.
1. An economic operator must maintain his te nder until the expiry of the time limit
specified in the specification of essential terms of the contract, however not longer than:
1) 30 days – if the contract value is less than the amounts specified in the
provisions issued under Article 11 paragraph 8;
2) 90 days – if the contract value is equal to or exceeds the PLN equivalent of
EUR 20 000 000 for works, and of EU R 10 000 000 for supplies and services;
3) 60 days – if the contract value is different than that specified in items 1 and 2.

43
2. The economic operator may at its own in
itiative or at the request of the
awarding entity extend the time limit dur ing which his tender must be maintained,
though the awarding entity may only once, at least 3 days prior to the expiry of the time
limit during which the economic operator must maintain his tender, request the
economic operators to give their consent to ex tend this time limit by an indicated period,
which however shall not be longer than 60 days.

3. Refusal to give consent, referred to in paragraph 2, shall not result in the forfeiture
of the deposit.
4. The extension of the time limit dur ing which the economic operator must
maintain his tender shall be admissible only with simultaneous extension of the validity
period of the deposit or, if not possible, with contribut ion of a new deposit for the
extended time limit during which the econo mic operator must maintain his tender.
5. The period, during which a economic opera tor must maintain his tender, shall
commence with the expiry of the time limit for submission of tenders.

Article 86.
1. The contents of tenders shall not be disclosed prior to the opening of tenders.
2. The opening of tenders shall be public and shall take place di rectly following the
expiry of the time limit for their submission; however, the final date for the submission of
tenders shall be the date on which they are opened.
3. Directly prior to the opening of tenders the awarding entity shall state the amount
they intend to allocate to finance the contract.
4. During the opening of tenders the name s (company names) and addresses of
economic operators shall be given as well as information included in the tenders concerning
the price, time limit for the completion of th e contract, period of guarantee and terms of
payment.
5. The information, referred to in paragraph 3 and 4, shall be dispatched to economic
operators who were absent during the opening of tenders upon their request.

Article 87.
1. During examination and evaluation of te nders the awarding entity may require
explanations of the tenders’ contents submitted by the economic operators. Negotiations
between the awarding entity and the economic operator concerning the submitted tender and,
subject to paragraph 1a and 2, any changes in th e contents thereof shall not be admissible.
1a. In course of the examination and evalua tion of tenders in a competitive dialogue
procedure, the awarding entity may require fr om the economic operators to specify, improve
tenders and provide additional in formation, however either the essential changes in tenders or
the changes of the requirements specified in th e specification of essential terms of contract
shall be admissible.
2. The awarding entity shall cor rect in the text of the tender:
1) obvious misprints,
2) obvious computational errors considering the calculation consequences of
the conducted modifications,

44
3)
other errors which result in inconsistency with specification of essential
terms of contract but do not cause essential modifications of the tender
– and shall forthwith inform the eco nomic operator whose tender has been
corrected.

Article 88. [deleted]

Article 89.
1. The awarding entity sha ll reject a tender, if:
1) it is not in conformity with this Act;
2) its content is inconsistent with th e specification of essential terms of
contract, without prejudice to Article 87 paragraph 2 item3;
2) its contents do not correspond to the cont ents of the specification of essential
terms of the contract;
3) its submission is an act of unfair co mpetition within the meaning of the
provisions concerning the combating of unfair competition;
4) contains an abnormally lo w price in relation to the object of the contract;
5) has been submitted by a economic operator excluded from the award procedure
or one that was not be en invited to tender;
6) contains computational errors in the calculation of prices;
7) within 3 days from the submission of notification, the economic operator
did not agree to the correction of a error, referred to in Article 87
paragraph 2 item 3;
8) is not valid under se parate provisions.
2. [deleted]

Article 90.
1. In order to determinate whether the submitted tender contains an abnormally low
price with regard to the object of the contract the awarding en tity shall request in writing the
economic operator to provide, within a fixed ti me limit, explanations concerning those parts
of a tender that have an impact on the price level.
2. In evaluating explanations the awarding en tity shall take into consideration any
explanation which is justified on objective grounds, and in particular, the economy of a
performance method, technical solutions chosen, exceptionally favourable conditions
available to the economic operator for the perf ormance of the contract, originality of the
economic operator’s project and impact of the pu blic aid provided under separate provisions.
3. The awarding entity shall reject a tender submitted by an economic operator who
failed to provide explanations or where the evaluation of expl anations confirms that the
submitted offer contains an abnormally low price with regard to the object of the contract.
4. If the contract value is equal to or ex ceeds the amounts specified in the provisions
issued under Article 11 paragraph 8, the awarding entity shall inform the PPO President and

45
the European Commission about
the rejection of tenders which, according to the awarding
entity, contained abnormally low prices becau se of state aid granted and the economic
operator did not prove that such aid was in compliance with the provisions concerning state
aid proceedings within the time limit fixed by the awarding entity.

Article 91.
1. The awarding entity shall se lect the best tender on the basis of tender evaluation
criteria laid down in the specification of essential terms of the contract.
2. Tender evaluation criteria shall be price or price and other criteria linked to the
object of the contract, in particular quality, fu nctionality, technical parameters, use of best
available technologies with regard to the impact on the environment, exploitation costs, after-
sales service and period of contract performance.
3. Tender evaluation criteria shal l not pertain to the characteristics of the economic
operator, and in particular to its economic, technical or financial credibility.
3a. If a tender has been submitted, the selectio n of which would result in a tax liability
on the awarding entity under the regulations on the intra-community purchasing of goods, the
awarding entity shall, in order to evaluate such a tender, add the value added tax (VAT)
payable under the applicable re gulations to the tender price.

4. Where the best tender cannot be selected as two or more tenders represent the same
balance of price and other tender evaluation cr iteria, the awarding entity shall choose from
among those tenders the one with a lower price.
5. Where the price is the only award criterion in a contract award procedure and it is
impossible to select the best tender as tenders with the same price have been submitted, the
awarding entity shall call upon the economic operat ors to submit additional tenders within a
specified period.
6. When submitting additional tenders economic operators shall not submit tenders
with higher prices than t hose submitted previously.
7. Immediately after the selecti on of the best tender, however within the time limit not
less than 14 days, the awarding entity shall offer rewards to the economic operators who
during the dialogue presented th e solutions which constitute the basis for submission of
tenders, if such rewards are pr ovided by the awarding entity.

Article 91a.
1. Where the procedure is conducted by ope n tendering, restricted tendering or
negotiated procedure with publication under Article 55 paragraph 1 item 1, the awarding
entity, after evaluation of the tenders, shall hold an electronic auction to select the best tender
if such an electronic auction wa s provided for in the contract notice, and if at least three non-
rejectable tenders have been submitted. The provis ions of Article 91 paragraphs 4-6 shall not
apply.
2. The provisions of paragraph 1 shall not apply in the case of contracts for artistic or
scientific activity or if the tender price is not a lump sum price.
3. The criteria for tender evaluation in an electronic auction shall be only those
provided for in the specification of essential terms of contract, making possible the automatic
evaluation of the tender wit hout any interference of the aw arding entity, indicated among the

46
criteria based on which the tenders were ev
aluated prior to commencing the electronic
auction.
4. Electronic auction shall be a one-stage procedure.

Article 91b.
1. The awarding entity shall invite by elect ronic means all the economic operators who
have submitted non-rejectable tenders to pa rticipate in an electronic auction.
2. In the invitation referred to in paragraph 1, the awarding entity shall inform the
economic operators about:
1) ranking places and scores of their tenders;
2) minimal values of the bid increm ents in the electronic auction;
3) date of the opening of the electronic auction;
4) date and terms of the closi ng of the electronic auction;
5) the manner for evaluation of tenders in the electronic auction.
3. The opening date of the electronic auction may not be shorter than 2 working days
from the date of dispatching the i nvitation referred to in paragraph 1.
4. The tender evaluation method in an electronic auction should include the
recalculation of the bid increments into tender evaluation scores taking into account the score
received prior to the opening of the electronic auction.
Article 91c
1. During an electronic aucti on, economic operators use a form posted on the website
for entering the necessary data through a direct connection with the website to make
successive, more advantageous bid increments which are subject to automatic evaluation and
classification. The provisions of Article 82 paragraphs 1 and 2, Articles 83 and 84, and
Articles 86-89 shall not apply.
2. Bid increments, under the pain of nullity, must have a secure electronic signature
verifiable using a valid qu alified certificate.
3. During an electronic auction, the awar ding entity shall provide each of the
economic operators on an ongoin g basis with information about the ranking place of its
respective tender and its score as well as of the score of the best tender. Until the electronic
auction is closed, no information shall be disc losed that can make it possible to identify the
economic operators.
4. The tender of an economic operator ceases to be binding insofar as it has made a
better tender during the electronic auction. The period in which the tender must be maintained
shall not be interrupted.
5. The provisions of Article 77, Article 80 pa ragraph 1 items 1 and 2, and paragraph 2
shall apply accordingly.

Article 92.
1. The awarding entity shall inform forthwith the economic operators who submitted
tenders about:

47
1)
the selection of the best tender, sta ting the name (company name), seat and
address of the economic operator, whose tender has been selected, as well as
justification for its selection, as well as names (companies names), seats and
addresses od the economic operators who submitted their tenders, together
with summary of the evaluation and comparison of the submitted tenders
containing the scoring of tenders in every tender evaluation criterion and the
total score.
2) the economic operators whose tenders were rejected stating factual and judicial
justification;
3) the economic operators who were exclude d from the contract award procedure
stating factual and judicial justification – if the contract is awarded in open
tendering, negotiated procedure without publication or request- for- quotation.
2. Immediately after the selection of the be st tender, the awarding entity shall
post the information referred to in paragraph 1 item 1, on its website and in a publicly
accessible location in its own seat.
Article 93.
1. The awarding entity shall cancel a contract award procedure, if:
1) subject to items 2 and 3, no tender has been submitted or no request to
participate in the procedure from a non-excludable economic operator has been
received;
2) less than two non-rejectable tenders have been submitted in the request-for-
quotations procedure;
3) in a procedure under electronic bi dding, fewer than two requests to
participate in electronic bidding have been made, or no tender has been
submitted;
4) the price of the best tender exceeds th e amount which the awarding entity can
allocate to finance the contract;
5) in the cases referred to in Article 91 paragraph 5 additional tenders with the
same price have been submitted;
6) a material change in the circumstances has occurred which causes the conduct
of the procedure or the execution of the contract to be no longer in the public
interest and which could not have been foreseen earlier;
7) the award procedure is encumbered with a defect which prevents the
conclusion of a valid public procurement contract.
2. If the awarding entity allows the possibility of submitting tenders for lots, the
provisions of paragraph 1 shall apply accordingl y to the cancellation of the procedure for the
award of lots .
3. About the cancellation of the procedur e, the awarding entity shall notify
simultaneously all economic operators who:
1) competed for the award – in the event of cancellation of a procedure prior to
the final date for submission of tenders,
2) submitted tenders – in the event of cancellation of a procedure after the final
date for submission of tenders

48
– providing factual and legal grounds.

4. In the event of the cancellation of a contr act award procedure due to the fault of the
awarding entity, economic operators who submitted non- rejectable tenders shall be entitled to
claim reimbursement of the justif ied costs of participation in the procedure, and in particular,
the costs incurred for the preparation of their tenders.
5. In the case of a cancellation of the contract award procedure, at the request of an
economic operator who competed for the contract , the awarding entity shall inform about the
start of another procedure wh ich concerns or includes the same object of contract.

Article 94.
1. The awarding entity shall conclude a public procurement contract within not
less than 10 days from the day on which th e information on the selection of the best
tender was dispatched, and if the contract value is less than the amounts specified in the
provisions issued under Article 11 paragr aph 8- within not less than 7 days.
1a. The awarding entity shall conclude a public procurement contract prior to
the expiry of the time limi ts, referred to in paragraph 1, if only one tender was
submitted in the contract award procedure.
2. If the economic operator whose tender has been selected refuses to conclude a
public procurement contract or fails to provide the required security on due performance of
the contract the awarding entity may select the best of the remaining tenders without their re-
evaluation unless the circumstances referre d to in Article 93 paragraph 1 occur.

Article 95.
1. If the value of the contract or of the framework agreement is less than the amounts
specified in the provisions issued under Artic le 11 paragraph 8, the awarding entity shall
immediately, after the conclusion of the public procurement contract or the framework
agreement, place a contract award notice in the Public Procurement Bulletin
2. If the value of the contract or of the fr amework agreement is equal to or exceeds the
amounts defined in the provision s issued under Article 11 paragraph 8, the awarding entity
shall, immediately upon concluding a public procurement contract or a framework agreement,
dispatch a contract award notice to the Office for Official Publications of the European
Communities.
3. The awarding entity shall not dispatch any contract award notice if the contract was
awarded on the basis of a framework agreement.
4. In the case of awarding contracts unde r a dynamic purchasing system, the awarding
entity may depart from dispatching the contract notices as referred to in paragraphs 2 and
dispatch contract award notices once in every three months.

Chapter 5
Record of proceedings Article 96.
1. In the course of the conduc t of an award procedure the awarding entity shall prepare
a written record of the contract award procedure, hereinafter referred to as the “record”, which
shall include at least:

49
1)
description of the object of the contract;
2) information on the contract award procedure;
3) information on economic operators;
4) price and other essential elements of the tender;
5) indication of the select ed tender or tenders.
2. Tenders, opinions of experts, declarations, information from the meeting referred to
in Article 38 paragraph 3, notifications, requests, other documents and information submitted
by the awarding entity and economic operators and the public procurement contract, shall
constitute annexes to the record.
3. The record together with annexes attach ed thereto shall be open to the public.
The annexes to the record shall be made available after the best tender is selected or
after the procedure is cancelled, however, tenders shall be made available from the
moment of their opening, initial tenders shall be made available from the day of
invitation to submit tenders, and requests to participate in the procedure shall be made
available from the day of invi tation to submit tenders, initial tenders or dialogue.

4. [deleted] 5. The Prime Minister shall specify by a regulation:
1) standard record form and the scope of a dditional information to be included in
the record, having regard to the contract value, contract award procedure and
aiming to ensure the possibility of submitting comments on the contents of the
record by persons performing actions in connection with the conduct of a
contract award procedure;
2) manner and form in which the record toge ther with its annexes is to be made
available to the persons concerned, having regard to the requirement to ensure
the public nature of award procedures.

Article 97.
1. The awarding entity shall keep the record to gether 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.
2. The awarding entity shall return to economic operators whose tenders were not
chosen, upon their request, any plans, designs, drawings, models, samples, patterns, computer
applications and similar materials submitted by them.

Article 98.
1. The awarding entity shall prepare an annual report abou t the conducted contract
award procedures hereinafter re ferred to as the “report”.
2. The awarding entity shall dispatch the re port to the PPO President by 1 March of
each year following the year to which the report refers.
3. [deleted] 4. . The Prime Minister shall specify by a regulation the scope of information to be
included in the report and its standard form an d rules of dispatching, having regard to the
requirements concerning the contents of re port dispatched to the European Commission,

50
including the type of the awar
ding entity, the country of origin of the selected economic
operator, the value of the awarde d contracts, the type of contract and the type of the awarding
procedure, the legal basis for their application, and in the case of contracts with a value equal
to or exceeding the PLN equivalent of EU R 20 000 000 for works or EUR 10 000 000 for
supplies or services, also the method of contract performance.

TITLE III
SPECIFIC PROVISIONS
Chapter 1
Framework agreements

Article 99.
The awarding entity may conclude a framewor k agreement after conducting the procedure
governed by the relevant rules concerning th e awarding of contracts by open tendering,
restricted tendering or negotia ted procedure with publication.

Article 100.
1. A framework agreement is concluded for a period not longer than 4 years, however
the agreement may be concluded for a longer pe riod of time for reasons related to the object
of contract and to the particular interests of the awarding entity.
2. The awarding entity shall notify forthwith to the PPO President the fact of
concluding a framework agreement for a period longer than 4 years, stating the value and the
object of contract as well as f actual and judicial justification.
3. A framework agreement shall be concluded with: 1) one economic operator, if concluding a framework agreement with a bigger
number of economic operators would be disadvantageous to the awarding
entity for technical or organizational reasons;
2) at least three economic operators, unless a smaller number of economic
operators have submitted non-rejectable tenders.
4. The awarding entity may not use a framew ork agreement to restrict competition.

Article 101.
1. The awarding entity may award contract based on the framework agreement:
1) to the economic operator, with wh om the awarding entity concluded a
framework agreement on conditions not less advantageous than the ones
specified in the framework agreement; th e provisions of Article 68 paragraph 1
shall apply accordingly;
2) to the economic operators, with whom the awarding entity concluded a
framework agreement by inviting them to submit their tenders; the provisions
of Article 45 and 46, Article 60 paragra ph 2 as well as Article 64 paragraph 1
and 3 shall apply accordingly..
2. When awarding the contract, as referred to in paragraph 1, the awarding
entity may change the terms of the contra ct with regard to terms specified in a

51
framework agreement, provided that this change
is not essential. The awarding entity
shall not change the criteria for evaluation of tenders provided for in the framework
agreement.
3. The tender submitted as a resu lt of invitation, referred to in paragraph 1 item 2, shall
not be less advantageous than the tender submitted in the framework agreement procedure.
4. The provisions of Article 26, Article 169 paragraph 2 shall not apply to
contracts based on the framework agreement.

Chapter 2
Dynamic purchasing system

Article 102.
1. The awarding entity may set up a dyna mic purchasing system and to award
contracts under the system, appl ying the relevant rules concerning the awarding of contracts
by open tendering unless the provisions of this Chapter provide otherwise.
2. A dynamic purchasing system shall be set up for a period not longer than 4 years,
however the system may be set up for a longer period of time for reasons related to the object
of contract and to the particular interests of the awarding entity.
3. The awarding entity shall notify within 3 days to the PPO President the fact of
setting up a dynamic purchasing system for a period longer than 4 years, stating the value and
the object of contract as well as factual and judicial justification.
4. The awarding entity may not use a dy namic purchasing system to restrict
competition.

Article 103.
1. In a procedure conducted in order to set up a dynamic purchasing system and in a
contract award procedure under dynamic purchasing system, the awarding entity and the
economic operators shall dispatch declarations, documents, requests, notices, invitations and
other information by electronic means.
2. In the procedures referred to in paragraph 1, tenders must be submitted, under the
pain of nullity, by electronic means with a secu re electronic signature verified by a valid
qualified certificate.
3. The notices are placed in the Public Procurement Bulletin by electronic means with
the use of the form posted on the portal of the PPO, and dispatched to the Office for Official
Publications of the European Communities by electronic means with the use of the form
posted on the website referre d to in a directive.

Article 104.
1. From the day on which the contract notic e is placed in the Public Procurement
Bulletin or published in the Offi cial Journal of the European Union, the awarding entity shall
make available on its website the specification of essential terms of contract and information
about the dynamic purchasing system, in particular:
1) definition of the object of contract included in the scope of the dynamic
purchasing system;

52
2)
duration of the dynamic purchasing system;
3) envisaged dates for awarding contracts;
4) technical requirements for telecommunications and computer devices
necessary to ensure communication between the awarding entity and the
economic operators, including the submission of tenders.
2. The specification of essential terms of c ontract and the information referred to in
paragraph 1 shall be available on the website throughout the dur ation of the dynamic
purchasing system.

Article 105.
1. In order to participate in a dynamic pur chasing system the economic operators may
submit tenders, hereinafter referred to as “indi cative tenders”, throughout the duration of the
dynamic purchasing system. The provisions of Ar ticles 45 and 46, Article 82 paragraphs 1
and 2 and Articles 83 – 86 shall not apply.
2. The economic operator shall together with the indicative tender submit a declaration
of compliance with the requireme nts to participate in a contract award procedure and, if the
awarding entity requests to submit documents proving compliance with those requirements
also such documents.
3. An indicative tender may be updated at any time by submitting a new indicative
tender. In case of updating of the indicative te nder, the provision of paragraph 2 shall not
apply.
4. The awarding entity shall eval uate indicative tenders within 15 days of their receipt.
5. The awarding entity shall immediately inform the economic operator about its
admission to participate in a dynamic purchasing system or about its refusal to admit it to
participate, providing factual and legal grounds for such refusal.
6. The awarding entity may extend the time lim it referred to in paragraph 4, however
within the extension period it may not commen ce a procedure to award a contract under a
dynamic purchasing system.
Article 106.
1. Prior to commencing a procedure to aw ard a contract under a dynamic purchasing
system, the awarding entity shall post a simp lified contract notice on its website. The
provisions of Article 40 paragraphs 2-6 shall apply accordingly.
2. A simplified contract noti ce shall contain at least:
1) date and place of publication of the noti ce concerning the setting up of the
dynamic purchasing system;
2) name (company name) of the awarding entity;
3) description of the object of contract and volume or scope of contract;
4) address of the website on which the specification of essential terms of contract
and the information referred to in Ar ticle104 paragraph 1 are available;
5) time limit for the submission of indicative tenders.
3. Prior to the publication of a simplified co ntract notice the awarding entity may
modify the content of the specification of essential terms of contract. The awarding

53
entity shall forthwith inform all the economi
c operators, admitted to participate in the
dynamic purchasing system, about the modification, and the information shall also be
posted on its website. The provisions of Article 38 paragraphs 4 and 6 shall not apply.

Article 107.
1. In response to a simplified contract notice, an economic operator who was not
previously admitted to participate in a dynami c purchasing system shall make an indicative
tender within the time limit fixed by the awarding entity, which shall not be less than 15 days
from the day on which the contract notice was placed in the Public Procurement Bulletin or
dispatched to the Office for Official Pub lications of the European Communities.
2. The awarding entity shall evaluate i ndicative tenders forthwith. Article 105
paragraph 5 shall apply.

Article 108.
1. The awarding entity shall commence a contract award procedure under the dynamic
purchasing system by inviting all the economic operators admitted to participate in the system
to submit tenders forthwith upon completing the evaluation of i ndicative tenders.
2. The awarding entity shall fix a time limit for the submission of tenders, taking into
account the time necessary to prepare and submit the tender.

Article 109.
1. Tenders submitted in a contract award procedure under a dynamic purchasing
system shall be evaluated solely on the basis of the criteria provided for in the specification of
essential terms of contract as referred to in Article104.
2. A tender submitted by an economic operator in a contract award procedure under a
dynamic purchasing system may not be less ad vantageous than the indicative tender.
3. The economic operator shall provide documents proving its compliance with the
conditions for participation in the contract award procedure if so requested by the awarding
entity in the invitation to tender.

Chapter 3
Design contest

Article 110.
A design contest is a public promise, in which by means of a public notice the awarding entity
promises a prize for the execution and transfer of rights to the design selected by the jury, in
particular in the fields of spatial planning, town planning, ar chitecture and construction, and
data processing.

Article 111.
1. The prize of a design contest may be:

54
1)
in money or in kind;
2) an invitation to negotiate under the negotiated procedure without publication
for at least two authors of se lected contest projects or
3) an invitation to negotiate under the si ngle-source-procurement procedure for
the author of the selected contest project.
2. In the cases referred to in paragraph 1 items 2 and 3, the object of contract shall be
the comprehensive development of a design contest project.
3. The value of a design contest shall be the value of prizes.
4. The value of a design contest, in which the prize consists in the invitation to
participate in the contract award procedure, sha ll be the value of the contract and of additional
prizes where the awarding entity provided for such prizes.
5. For the purposes of the calculation of th e design contest value, the provisions of
Article 35 shall apply accordingly.

Article 112.
1. Design contests shall be organised by aw arding entities. The provisions of Article
15 paragraph 2 and Article 18 shall apply accordingly.
2. The head of the awarding entity shal l appoint a jury and set forth the rules
concerning its organisation, compos ition and working procedure.
3. The jury shall be composed of at least 3 persons appointed and recalled by the head
of the awarding entity.
4. Article 17 shall apply accordingly to members of the jury.
5. The jury shall be composed exclusiv ely of persons having the qualifications
enabling them to evaluate the submitted designs , and where specific provisions require from
participants in the contest partic ular professional authorisations to execute the design, at least
a third of the jury members, including its chairman, must likewise hold the required
authorisations.

Article 113.
1. The jury is an auxiliary team of the head of the awarding entity appointed to
evaluate compliance of participants in the desi gn contest with the requirements laid down in
the Rules of Procedures for the design contest, to evaluate the designs and to choose the best
design.
2. The jury shall in particul ar prepare information about the designs, justification of
the design contest’s result, and also, to the extent referred to in paragraph 1, lodge a request to
cancel the design contest.
3. In terms of the issues referred to in paragraphs 1 and 2, the jury shall be
independent.
4. The head of the awarding entity may entr ust the jury with tasks related to the
preparation and conduct of the design contest other than those defined in paragraph 1.

Article 114.

55
The head of the awarding entity or a person authorised by the same shall supervise the
jury in terms of the design contest’s compliance with the provisions of this Act and with the
Rules of Procedures for the design contest and shall in particular:
1) cancel the design contest;
2) approve the result of a design contest.

Article 115.
1. The awarding entity shall place the desi gn contest notice in a publicly available
location in its seat and on its website.
2. A design contest notice sh all contain at least:
1) name (official address) and a ddress of the awarding entity;
2) definition of the object of design contest;
3) requirements to be complied with by design contest participants, however if
the design contest prize consists in an invitation to participate in negotiations
by a negotiated procedure without publicat ion to be issued to at least two
authors of selected contest projects or an invitation to participate in a single-
source procurement procedure for the author of the selected contest project, the
provisions of Article 22 sh all apply accordingly;
4) criteria for evaluating c ontest projects along with th e weightings of those
criteria;
5) information on how the Rules of Pro cedure for the design contest can be
obtained;
6) time limit for submitting designs;
7) type and value of prizes.
3. Where the value of a design contest is less than the amount provided for in the
provisions issued under Article 11 paragraph 8, the awarding enti ty shall place the contract
notice in the Public Procurement Bulletin.
4. If the value of a design contest is equal to or exceeds the amount provided for in the
provisions issued under Article 11 paragraph 8, the awarding entity shall dispatch a design
contest notice to the Office for Official P ublications of the European Communities.
5. For dispatching design contest notices, the provisions of Arti cle 40 paragraphs 5
and 6 shall apply accordingly.

Article 116.
1. The awarding entity shall conduct the design contests under the Rules of Procedure
established by itself.
2. The Rules of Procedure for a design contest shall in particular specify:
1) name and surname or name (company name) and address and place of
residence (seat) of the awarding entity;
2) form of the design contest;
3) detailed description of the design contest object;

56
4)
maximum envisaged total cost of perf orming the work based on the contest
project;
5) In the cases referred to in Article 111 paragraph 1 items 2 and 3, the scope of
the detailed preparation of the contest project which is the object of a contract
awarded by a negotiated procedure w ithout publication or by single-source
procurement procedure;
6) information about the declarations and documents to be provided by the
participants in the design contest to prove their compliance with the relevant
requirements, the provisions of Article 25 shall apply accordingly;
7) means of communication between the awardi ng entity and the participants in
the contest, and means of dispat ch declarations and documents;
8) place and time limit for the submission of the requests to participate in the
design contest;
9) scope of content, form and method of presentation of the contest project;
10) place and time limit for submitting contest projects by the admitted
participants;
11) criteria for evaluation contest projec ts, together with their weightings;
12) composition of the jury;
13) type and value of prizes;
14) time limit for the awarding (payment) of th e prize and, in the cases referred to
in Article 111 paragraph 1 items 2 and 3, for the invitation to participate in a
negotiated procedure wit hout publication or in a single-source procurement
procedure;
15) amounts reimbursed for the preparation of the contest projects if the awarding
entity plans to reimburse such costs;
16) provisions concerning the tran sfer of financial copyright to the selected contest
project including a detailed specification of the areas of use of the contest
projects, and in the cases referred to in Article 111 paragraph 1 items 2 and 3
also the essential pr ovisions to be include d in the contract;
17) manner of public announcement of the result of the design contest;
18) manner of providing explanations concerning the Rules of Procedure for the

design contest;
19) information on legal protection measur es available to design contest
participants.
3. The awarding entity shall provide the design contest participant with the Rules of
Procedure for the design contest within 5 days fr om the date of the submission of a request to
provide it. The admissible price to be charged for the Rules of Procedure for the design
contest may only cover the costs of its pr inting and provision to the participants.
4. In communication between the awarding entity and the design contest participants,
the provisions of Article 27 shall apply accordingly.

Article 117.
1. A design contest may be organized as a one-stage or a two-stage procedure.

57
2. In a two-stage design contest, the first
stage involves the selection of study projects
complying with the requirements set forth in the Rules of Procedure for the design contest. At
the second stage the jury shall ev aluate designs based on the study pr ojects selected at the first
stage applying the criteria laid down in the Rules of Procedure for the design contest.

Article 118.
1. Participants in the design contest ma y be natural persons, legal persons and
organisational units not having legal personality.
2. Where specific provisions require that the participants in the design contest should
have professional authorisations to execute a contest project, the participants may only be
natural persons having the require d authorisations or entities using natura l persons having the
required authorisations.
3. Participants may take part in the design contest jointly. The provisions relating to a
participant in a design contest shall apply respectively to participants taking part jointly.

Article 119.
The awarding entity shall fix a time limit for submission of requests to participate in the
design contest with regard to the time p eriod necessary to submit the required
documents. However, this time limit shall not be less than:
1) 7 days from the day on which the design contest notice was placed in the Public
Procurement Bulletin;
2) 21 days from the day on which the design contest notice was dispatched to the
Office for Official Publications of the Eu ropean Communities – if the value of the
design contest is equal to or exceeds the amounts provided for in the provisions
issued under Article 11 paragraph 8.
Article 120.
1. The awarding entity shall allow participan ts complying with the requirements laid
down in the Rules of Procedure for the design cont est to participate in the design contest, and
shall invite them to submit their designs.
2. Participants who fail to meet the require ments laid down in the Rules of Procedure
for the design contest sha ll be subject to exclusion.
3. The provisions of Article 26 paragraphs 3 and 4 shall apply accordingly to the
evaluation of requests to part icipate in a design contest.

Article 121.
1. Subject to paragraph 2, participants in the design contest shall submit their contest
projects together with information on the envisaged aggregate cost of execution of the object
of a contest project.
2. Participants in the design contest sha ll submit their contest projects without the
information referred to in paragraph 1 if it is not possible to define the costs owing to the
specific nature of the object of the contest project.

58
3. The contents of the contest projects shall
not be disclosed to the jury until the expiry
of the time limit for submission of contest projects.
4. The awarding entity ensures that it must not be possible to identify the authors of
submitted contest projects until the jury selects the winner of the design contest.

Article 122.
1. The jury shall evaluate the contest projects according to the criteria laid down in the
design contest notice. Article 87 para graph 1 shall apply accordingly.
2. The jury shall resolve the design contest by selecting one or more winning contest
projects out of all the contest projects.
3. The jury shall identify all submitted projects, after the resolution of the design
contest or after its cancellation.

Article 123.
1. The awarding entity shall, immediatel y following the resolution of the design
contest, notify participants a bout the results and granted scor es, giving the name and surname
or company name, address and place of residen ce (seat) of the successful author of the
selected contest project or of th e authors of selected projects.
2. The protocol shall be made concerning the work of the jury.
Article 124.
The awarding entity shall cancel the design c ontest where no request to participate in the
design contest or no contest project has been submitted, and in the case referred to in Article
111 paragraph 1 item 2 – at least two contest pr ojects, or where the design contest has not
been resolved. The provision of the Article 93, paragraph 1, items 6 and 7 shall apply
accordingly to the cancellation of the design contest.

Article 125.
According to the time limit specified in the Rules of Procedure for the design contest, which
shall not however be less than 15 days from th e date of the final resolution of the design
contest, the awarding entity shall release (pay out) the prize, and in the cases referred to in
Article 111 paragraph 1 items 2 and 3 – respectively invites to negotiate under the negotiated
procedure without publication or single-source-procurement procedure.

Article 126.
1. Where the value of the desi gn contest is less than the amounts provided for in the
provisions issued under Article 11 paragraph 8, the awarding entity shall place a notice on the
results of the design contest in the Public Procurement Bulletin, immediately following the
resolution of the design contest.
2. Where the value of the design contest is equal to or exceeds the amounts defined in
the provisions issued under Article 11 para graph 8, following the resolution of the design
contest, the awarding entity shal l dispatch a notice on the results of a design contest to the
Office for Official Publications of the European Communities.

59

Article 127.
1. The awarding entity shall keep the documen tation of the design contest for a period
of 4 years from the date of its final reso lution, in a manner guaranteeing its inviolability.
2. The awarding entity shall re turn contest projects, which have not been selected, to
the participants of the de sign contest upon their request.
Chapter 4
Award and execution of concessions
Article 128.
1. The procedure aimed at awarding a public wo rks concession, hereinafter referred to
as “concession”, shall be initiated by the awar ding entity referred to in Article 3 paragraph 1
items 1-3a by posting a concession notice in a pub licly accessible location in its seat and on
its website.
2. If the concession value is less than the am ount provided for in the provisions issued
under Article 11 paragraph 8 which, when exceed ed, results in the requirement to submit a
works contract notice to the Office for Official Publications of the European Communities,
the awarding entity shall plac e such a concession notice in the Public Procurement Bulletin.
3. If the concession value is equal to or exceeds the amount provided for in the
provisions issued under Article 11 paragrap h 8 which, when exceeded, results in the
requirement to dispatch a works contract notice to the Office for Official Publications of the
European Communities, the awarding entity shal l dispatch such a concession notice to the
Office for Official Publications of the European Communities.
4. The notice of a concession shall include at least:
1) name (company name) and address of the awarding entity;
2) description of the object of concession;
3) description of the procedure to be used for awarding the concession;
4) time limit for the submission of the request s to participate in the procedure or
for submitting tenders;
5) description of the particip ation requirements and a desc ription of the method of
evaluating the compliance with such requirements, and in the case of
concessions awarded by restricted tende r or by a negotiated procedure with
publication, also the weight of participation requirements;
6) information about the declarations and documents to be provided by economic
operators to prove their compliance with participation requirements;
7) criteria for evaluation of tenders and weightings of the criteria.
5. For dispatching notices of concession, the provisions of Article 40 paragraphs 5 and
6 shall apply accordingly.
6. Only economic operators complying with the participation requirements provided
for by the awarding entity may participate in the procedure referred to in paragraph 1.

60
7. Concessions shall be awarded by applying
accordingly the relevant regulations on
awarding contracts by open tende ring, restricted tendering or by a negotiated procedure with
publication. The provisions of Article 55 shall not apply.
8. If the concession value is le ss than the amount provided for in the provisions issued
under Article 11 paragraph 8 which, when exceeded, results in the requirement to dispatch a
works contract notice to the Office for Official Publications of the European Communities,
the time limit for the submission of the requests to participate in the procedure may not be
less than 30 days from the day, on which th e concessions notice is placed in the Public
Procurement Bulletin.
9. If the concession value exceeds the amount provided for in the provisions issued
under Article 11 paragraph 8 which, when exceeded, results in the requirement to dispatch a
works contract notice to the Office for Official Publications of the European Communities,
the time limit for the submission of the requests to participate in the procedure may not be
shorter than:
1) 45 days – from the date of dispatchi ng the concession notice to the Office for
Official Publications of the European Communities by electronic means with
the use of the form posted on the we bsite referred to in a directive;
2) 52 days – from the date of dispatchi ng the concession notice to the Office for
Official Publications of the European Communities by any other means.
Article 129.
The provisions of Article 91 paragraph 3 shall not apply to the evaluation of tenders in a
procedure aimed at awarding a concession.
Article 130.
1. In the specification of essential terms of the contract the awarding entity may
require the economic operator to whom the con cession has been granted (concessionaire) to
subcontract to other entities at l east 30% of the total value of th e works being the object of the
concession.
2. Agreements concluded between economic operators for the purpose of competing
jointly for the award of concession and agreem ents between economic operators and entities
being dependant on or dominated by them within the meaning of the Act of 29 July 2005 on
public offer and conditions for implementation of the financial inst ruments into organised
turnover system and on public partnerships (Journal of Law. No. 184, item 1539 and of 2006
No. 157, item 1119) shall not be considered as subc ontracting within the meaning of
paragraph 1.
3. Economic operators shall enclose to their tenders a list of the entities referred to in
paragraph 2. In the event of any changes in relations between the economic operator and those
entities, the economic operator shall be required to place updated list.
Article 131.
1. A concessionaire who is himself an awarding entity within the meaning of Article 3
paragraph 1 items 1-3a and 5, must apply the pr ovisions of this Act when awarding contracts
resulting from the execution of the concession.

61
2. When awarding works contracts resulting from the execution of the concessi
on, the
value of which is equal to or exceeds the am ounts specified in the provisions issued under
Article 11 paragraph 8, the concessionaire, who is not an awarding entity within the meaning
of Article 3 paragraph 1 items 1-3a and 5, shall:
1) apply the provisions of this Act concerning:
a) contract notice,
b) calculation of the value of the works contract,
c) time limits for submission of requests to participate in procedure in
accordance with Article 49 paragraphs 1 and 2, and time limits for
submission of tenders, referred to in Article 52 paragraph 2;
2) conduct the procedure in compliance with the rules referred to in Article 7
paragraph 1;
3) may not apply the provisions referred to in item 1 if at least one of the
circumstances referred to in Article 62 paragraph 1 and Article 67 paragraph 1
applies.
3. The provisions of paragraph 2 shall not ap ply to the award of contracts to entities
being dependant on or dominated by the economic operator within the meaning of the Act of
29 July 2005 on public offer and conditions for implementation of the financial instruments
into organised turnover system and on public partnerships and to the entities with whom the
concessionaire has concluded an agreement in order to compete jointly for the award of a
concession.
Chapter 5
Utilities contracts
Article 132.
1. The provisions of this Chapter shall appl y to contracts awarded by the awarding
entities referred to in Article 3 paragraph 1 item 3 and by their unions, and by the awarding
entities referred to in Article 3 paragraph 1 item 4, hereinafter referred to as “utilities
contracts”, subject to Article 3 paragraph 1 items 5 and 6, if th e contract is awarded for the
purposes of performing one of th e following types of activities:
1) exploring, prospecting for or extracting gas, oil and its natural derivatives,
brown coal, hard coal and other solid fuels;
2) the management of airports, maritime or inland ports and their provision to air,
sea and inland carriers;
3) the creation of networks in tended to provide public serv ices connected with the
production, transmission or distribution of electricity, gas or heat or supply of
electricity, gas or heat to such networ ks or management of such networks;
4) the creation of networks in tended to provide public serv ices connected with the
production or distribution of drinking water or supply of drinking water to such
networks or management of such networks;
5) the operation of networks pr oviding public services in the field of transport by
railway, tramway, trolley bus, cable or with the use of automatic systems;

62
6)
the operation of networks providing pub lic services in the field of bus
transport;
7) the provision of postal services.
2. The awarding entities awarding the contracts referred to in para graph 1 item 4 shall
apply the provisions of this Chap ter also to the award of contracts related to sewage systems
and waste water treatment, and to the activ ities related to obtaining drinking water.
3. The awarding entities awarding the contract s referred to in paragraph 1 item 7 shall
apply the provisions of this Chapter also to c ontracts related to the provision of the following
services: management of postal services, transmission of coded documents using electronic
means of communication, management of addre ss databases, transmission of registered
electronic mail, financial, philate lic and logistical services, particularly the transportation of
commodity shipments and thei r confectioning and storage.
Article 133.
1. This Act shall apply to the awarding of utili ties contracts where the contract value is
equal to or exceeds the amounts provided for in the provisions issued under Article 11
paragraph 8.
2. The awarding entities which award utilities co ntracts shall be also obliged to include
in the report, referred to in Article 98, inform ation concerning awarded utilities contracts, the
value of which is less than amounts provided fo r in the provisions issued under Article 11
paragraph 8.
3. The provisions of Article 100 paragraph 2 and Article 102 paragraph 3 shall not
apply to utilities contracts.
Article 134.
1. The awarding entity may award a utili ties contract by open tendering, restricted
tendering or by a negotiated proce dure with publication. The provisions of Article 55 shall not
apply.
2. The awarding entity may conclude a framework agreement after conducting the
procedure, applying accordingly the regulations relating to the award of contracts by open
tendering, restricted tendering or by a negotia ted procedure with publication. The provisions
of Article 55 shall not apply.
3. In a restricted tendering procedure or a negotiated procedure with publication, the
awarding entity may fix:
1) a time limit for the submission of requests to participate in a procedure, which
is not shorter than:
a) 22 days from the day of dispatch of the contract notice to the Office for
Official Publications of the European Communities by electronic means or
fax,
b) 37 days from the day of dispatch of the contract notice to the Office for
Official Publications of the Europe an Communities in other manner than
the one referred to in letter a,
c) 15 days from the day of dispatch of the contract notice to the Office for
Official Publications of the Europe an Communities by electronic means in

63
line with form and procedures specif
ied on the website, referred to in a
directive;
2) a time limit for the submission of tenders that is not shorter than 10 days,
taking into account the time require d to prepare and submit a tender;
3) any time limit for the submission of te nders, provided that all the economic
operators who will be invited to submit tenders, agreed on this.
4. In the case referred to in paragraph 1, th e awarding entity may select the best tender
using an electronic auction.
5. A utilities contract may be awarded by a negotiated procedure without publication:
1) where any one of the circumstances referred to in Article 62 paragraph 1
applies;
2) in a previously conducted negotiated procedure with publication where no
request to participate in a procedure ha ve been submitted, no tenders have been
submitted, or all tenders have been rejected based on the Article 89 paragraph
1 item 2 due to their inconsistency w ith the description of the object of
contract, and the original te rms of contracts have not been substantially altered.
6. A utilities contract may be awarded by single-source procedure: 1) where one of the circumstances referred to in Article 67 paragraph 1 items 1 –
5 as well as 8 and 9, occur;
2) where it is possible to award a contract for a price that is much lower than the
market price owing to part icularly advantageous circumstances existing for a
very limited period of time only;
3) where in the case of award, within 3 years of the award of the main contract, to
the hitherto economic operator of works, of supplementary contracts
constituting not more than 50% of the main contract value and involving the
repetition of the same type of contracts, if the main contract was awarded
under the open tendering procedure, re stricted tendering procedure or
negotiated procedure with publication and the supplementary contract was
provided in a contract notice for main c ontract and concerns the object of the
contract described therein.
4) in the case of the award, within 3 years of the award of the main contract, to
the hitherto economic ope rator of supplies, of supplementary contracts
accounting for not more than 50% of the main contract value and involving the
extension of supplies, if the change of economic operator would make it
necessary to purchase items of differ ent technical parameters, what would
result in technical incompatibility or disproportionately serious technical
difficulties in use and supervision, if th e main contract was awarded under the
open or restricted tender ing procedure and the suppl ementary contract was
provided for in the specification of essent ial terms of the contract for the main
contract and concerns the object of the contract described therein.
Article 135.
1. At least once a year, the awarding entity may either dispatch to the Office for
Official Publications of the European Commun ities, or post on its buyer’s profile, a periodic
indicative notice about the utilities contracts or framework agreements planned within the
next 12 months, the value of which:

64
1)
for works – is equal to or exceeds the amount provided for in the provisions
issued under Article 11 para graph 8 which requires that a works contract notice
should be dispatched to the Office for O fficial Publications of the European
Communities;
2) for supplies – when totalled up w ithin a given group of the Common
Procurement Vocabulary, subject to Artic le 133 paragraph 1, is equal to or
exceeds the PLN equivalent of EUR 750 000;
3) for services – when totalled up within category 1 – 16 defined in Appendix 3 to
the Common Procurement Vocabulary, subj ect to Article 133 paragraph 1, is
equal to or exceeds the PLN equivalent of EUR 750 000.
2. The awarding entity may post the notice re ferred to in paragraph 1 on the buyer’s
profile after dispatchi ng a notice on the buyer’s profile to th e Office for Official Publications
of the European Communities by electronic mean s with the use of the form and procedures
posted on the website referre d to in the directive.
3. The provisions of paragraph 1 shall not a pply to any planned contract for services,
referred to in Article 5 paragraph 1, or to any planned contract to be awarded in a procedure
other than open tendering, restricted te ndering, negotiated procedure with publication.
4. If the contract no tice was enclosed in a prior in formation notice about contracts
envisaged for the following 12 months, dispatched or posted at “buyer’s profile” at least 52
days prior to the dispatch of the contract notic e to the Office for Official Publications of the
European Communities, the awarding entity may fix in the open tendering the time limit for
submission of tenders not less than:

1) 24 days – from the day the contract no tice is dispatched to the Office for
Official Publications of the European Communities by electronic means with
the use of the form and procedures posted on the website referred to in a
directive;
2) 31 days – from the day the contract no tice is dispatched to the Office for
Official Publications of the European Communities in other way than referred
to in item 1.
5. The periodic indicative notice about planne d utilities contracts may include a call
for competition. In that case, the awarding en tity, when awarding a contract by restricted
tendering or by a negotiated procedure with publication, may choose not to publish the
contract notice.
6. In the event referred to in paragraph 5, the awarding entity shall invite the economic
operators who, after the publication of the peri odic indicative notice, informed the awarding
entity of their interest in participating in the procedure, to confirm that interest, and at the
same time providing information about the time limit for the submission of the requests to
participate in the procedure.
7. The provisions of Article 48 paragraph 2 shall apply accordingly to the invitation
referred to in paragraph 6.

Article 136.
1. The Act shall not apply to utilities contract s for services or works awarded to, and in
case referred to in Article 3 paragraph 1 item 3 or 4 to utilities contracts for supplies if they
are granted to:

65
1)
entities with which the awarding entities prepare the annual consolidated
financial reports within the m eaning of accounting regulations,
2) entities in which the awarding entities hold over half of the shares or interests,
hold more than half of the votes resulting form the shares or stocks, control the
managing body or are entitled to appoint over half of the members of their
supervisory or management body,
3) entities which hold over half of the awar ding entities shares or interests, hold
more than half of the votes resulti ng from the awarding entities shares or
stocks, control its managing body or are en titled to appoint over half of the
members of their supervisory or management body,
4) entities who together with the awarding en tity are subjected to the influence of
another entity as specified in item 3
– if at least 80% of the average income of th ese entities generated over the previous 3 years by
providing services, supplies or performing work s came from providing services, supplies or
performing works for the awarding entity or entities referred to in items 1-4.
Where the period of business activ ity is shorter than three years, income generated over the
total period of business activity plus the projected income for the remaining part of the three-
year period shall be taken into account.
2. This Act shall not apply to utilities cont racts for services or works awarded by an
entity established by the awarding entities fo r the purposes of jointly performing the activity
referred to in Article132 :
1) to one of those awarding entities or
2) to an entity related to one of those aw arding entities as defined in paragraph 1,
if at least 80% of the average income of this entity generated over the previous
3 years by providing serv ices or performing works came from services
rendered to, or works performed for, the related entities as referred to in
paragraph 1.
3. The Act shall not apply to utilities contract s awarded to an entity established by the
awarding entities for the purposes of jointly performing the activity referred to in Article 132
by one of the awarding entities, provided that th is entity was established for a period of at
least 3 years, and the document on the basis of which it was established provides that the
awarding entities shall remain its members throughout this period.
4. Upon the request of the European Commi ssion, the awarding entity shall dispatch
information in the scope, as referred to in paragraphs 1 – 3.
5. Where more than one of the entities referr ed to in paragraph 1 provides the same or
similar services, or performs the same or similar works for the awarding entity, the total
income generated by those entiti es by providing services or performing works shall be taken
into account.

Article 137.
1. The Act shall not apply to utilities contra cts awarded for the purposes of performing
an activity consisting in providing gas or heat to the networks referred to in Article 132
paragraph 1 item 3, if:
1) the production of gas or heat is a necessary consequence of conducting an
activity other than that de scribed in Article 132 and

66
2)
the purpose of the provision of gas or heat is only to utilize the production for
economic purposes, and it does not exceed 20% of the economic operator’s
average turnover over the peri od of the previous three years, including the year
in which the contract is awarded.
2. The Act shall not apply to utilities contra cts awarded for the purposes of performing
an activity consisting in providing electricity to the networks referred to in Article 132
paragraph 1 item 3, if:
1) the production of electri city is necessary to conduct an activity other than that
defined in Article 132 and
2) the provision of electricity is depende nt solely on own consumption, and it
does not exceed 30% of the total producti on over the period of the previous
three years, including the year in which the contract is awarded.
3. The Act shall not apply to utilities contra cts awarded for the purposes of performing
an activity consisting in providing drinking water to the networks referred to in Article 132
paragraph 1 item 4, if:
1) production of drinking water is necessary to conduct an activity other than that
defined in Article 132 and
2) the provision of drinking water is so lely dependent on own consumption, and
does not exceed 30% of the total producti on over the period of the previous
three years, including the year in which the contract is awarded.
Article 138.
1. The Act shall not apply to utilities contra cts awarded for the purposes of resale or
lease the object of contract to third parties, provided that the awarding entity does not have a
special or exclusive right to sell or lease the object of contract, and other entities may sell or
lease it without restrictions and on the same conditions as the awarding entity.
2. The Act shall not apply to utilities contra cts if awarded for the purposes of granting
a concession for works, if such concessions are granted for the purpose of performing the
activity referred to in Article 132 .
3. The Act shall not apply to utilities contracts if awarded for the purposes of
performing the activity referred to in Article 132 outside of the European Union, provided
that no network or area located within the Eur opean Union is used for such performance.
4. Upon the request of the European Commission, the awarding entity shall dispatch
information in the scope, as referred to in paragraphs 1 and 2.

Article 138a.
1. The awarding entities conduc ting the activity referred to in Article 132 paragraph 1
items 1 and 3 shall not apply this Act to award u tilities contracts for supplies of electricity or
heat and for fuels used to generate energy.
2. The awarding entities conduc ting the activity referred to in Article 132 paragraph 1
item 4 shall not apply this Act to aw ard contracts for supplies of water.
3. The awarding entity conducting the activity referred to in Article 132 paragraph 1
item 6 based on special rights shall not apply this Act if regular transportation services may be
also provided by other carriers in the same area and on the same conditions.

67

Article 138b.
1. When awarding a utilities contract, the h ead of the awarding entity may choose not
to appoint a tender committee.
2. When choosing not to appoint a tender co mmittee, the head of the awarding entity
shall specify a manner of conducting the pro cedure that ensures efficient awarding of
contracts, individual responsibility for the performed tasks and transparency of the work
Article 138c.
1. The awarding entity may:
1) request the economic operators to keep any information provided under the
contract award procedure confidential;
2) demand that the economic operators s hould provide documents other than
those listed in the provisions issued under Article 25 paragraph 2 to prove their
compliance with the participation requirements if necessary to evaluate such
compliance;
3) choose not to request a deposit or a s ecurity on due contract performance;
4) in the case of a supply contract, reject a tender in which the proportion of
commodities originating either from the member states of the European Union
or from other states with which th e European Community has concluded
agreements on the equal treatment of en trepreneurs does not exceed 50%, if
this requirement is provided for in the specification of essential terms of
contract;
5) refrain from the obligation of excludi ng from the contract award procedure
such economic operators being a s ubject of exclusion under Article 24
paragraph 1 item 1, 2 or 3, if such a provision was placed in the specification
of essential terms of contract.
2. Where the most advantageous tender cannot be selected as two or more tenders with
the same price or representing the same balanc e of price and other tender evaluation criteria
have been submitted, and in the specification of e ssential terms of contract the rejection of the
tender has not been included in accordance with paragraph 1 item 4, the awarding entity shall
choose the tender, which could not be rejected under the provisions of paragraph 1 item 4.
Prices stated in the tenders are equal, provide d that the difference between the price of the
most advantageous tender and the prices of other tenders, which could not be rejected under
the provisions of paragraph 1 item 4, does not exceed 3%.

Article 138d. [deleted]

Article 138e. [deleted]

Article 138f.

68
1. The awarding entities who, in accordance
with the published decision of the
European Commission operate on a competitive market access to which is not restricted shall
not apply the provisions of this Act. This provision shall apply accordingly in the case where
the European Commission fails to issue the decision within 7 months from the day of
receiving the request, as re ferred to in paragraph 2.
2. After analysing the relevant market, the competent authority, acting either on its
own initiative or at the request of the awar ding entity, may lodge an application to the
European Commission to rule that the awarding entities conducting the activity referred to in
Article 132 operate on a competitive market access to which is not restricted.
3. The competent authority shall analyse the market in terms of the relevant activity
and prepare the application in accordance with the requirements laid down in the Decision of
the European Commission of 7 January 2005 con cerning the detailed rules for applying the
procedure envisaged in Article 30 of Directive 2004/17/EC of the European Parliament and
Council on the coordination of procedures for th e award of public contracts in the water,
energy, transport and postal services sect ors (OJ L 7 of 11.01.2005, p. 7). This application
shall be harmonised with the President of the Office for Competition and Consumer
Protection and with the PPO President.
4. The Council of Ministers sha ll indicate, by a regulation, the competent authorities to
make the applications referred to in paragraph 2, taking into account the type of activity and
the scope of operation of the re levant authorities and the comp etent authority’s knowledge of
the functioning of the relevant mark et in terms of a given activity.

TITLE IV
PUBLIC PROCUREMENT CONTRACTS

Article 139.
1. Public procurement contracts, hereinafter referred to as “procurement contracts”
shall be regulated by the provisions of the Act of 23 April 1964 – Civil Code , unless the
provisions of this Act provide otherwise.
2. A procurement contract shal l, under the pain of nullity, require a written form,
unless separate provisions provide for a special form.
3. Procurement contracts shall be open and shall be made accessible pursuant to rules
laid down in the provisions concerning public information.

Article 140.
1. The scope of economic operator’s performance resulting from the procurement
contract shall be identical with th e commitment undertaken in the tender.
2. [deleted] 3. The contract shall remain void in the part which exceeds the object of contract
specified in the specification of essential terms of contract.

69

Article 141.
The economic operators, referred to in Article 23 paragraph 1, shall be jointly responsible for
the execution of the public c ontract and provision of security on due performance of the
contract.

Article 142.
1. A procurement contract shall be concluded for a definite duration.
2. The awarding entity may conclude a public c ontract, having as its object periodical
or continuous services, for a pe riod longer than 4 years, if the performance of a contract
results in lower costs of the performance of contract for a longer period of time than the costs
of the performance of contract in 4 year-period or it is justified by the payment capacity of the
awarding entity or the scope of envisaged outlays and the period necessary for repayment.

3. If the contract value, referred to in pa ragraph 2 is equal to or exceeds the amounts
specified in the provisions issued under Article 11 paragraph 8, the awarding entity informs
the PPO President about the intention of concluding a contract for a longer period than 4 years
within 3 days from the start of a proce dure giving factual and legal justification.

4. The provisions of paragraph 3 shall not apply to contracts on:
1) credit and loan;
2) bank account, if the contract period does not exceed 5 years;
3) insurance, if the contract period does not exceed 5 years;
4) concession.

Article 143.
1. Contracts may be concluded for indefinite duration, if the contract object is the
supply of:
1) water via the water and sewage network or disposal of sewage to such a
network;
2) electrical energy from the power network;
3) gas from the gas grid;
4) heat from the heat distribution network;
5) license for software.
2. Article 142 paragr aph 3 shall not apply

Article 144.
1. Any modification of provisions of th e concluded procurement contract with
reference to the content of the tender, which was the basis for the choice of the economic
operator, is prohibited, unless the awarding entity envisaged the possibility of
conducting such a modification in the contract notice or specification of essential terms
of contract and determined the terms of such modification.

70
2. Any modification of the procurement cont
ract in breach of the provision of
paragraph 1 above shall be null and void.

Article 145.
1. In the event of a material change of circumstances which causes that the execution
of the procurement contract is no longer in the public interest, and which could not have been
foreseen at the time of concluding the contract , the awarding entities may renounce a contract
within a period of 30 days from the date on wh ich they became aware of these circumstances.
2. In the case referred to in paragraph 1, the economic operator may demand
remuneration due for the performed pa rt of the procurement contract.

Article 146.
1. Without prejudice to separa te provisions, a procurement c ontract shall be null and
void if:
1) the contract notice was not placed in the Public Procurement Bulletin or
published in the Official Journal of the European Union, unless there is
no
obligation of publication of notices in view of provisions of the Act;
2) the awarding entity concluded a contract without the required consent as
stated in the decision of the Nation al Appeals Chamber prior to the final
resolution of a protest;
3) [deleted] 4) [deleted] 5) the awarding entity selected the tend er in a gross breach of this Act;
6) there was a breach of the provisions of this Act in the award procedure which
influenced the results of the procedure;
7) the awarding entity concluded a contra ct prior to the expiry of the time
limits, as referred to in Articl e 94 paragraph 1, without prejudice to
Article 94 paragraph 1a.
2. The PPO President may apply to the c ourt for a decision of invalidity of:
1) the procurement contract referred to in paragraph 1;
2) part of the procurement contract, refer red to in Article 140 paragraph 3;
3) modifications of the procurement contra ct in breach of Article 144 paragraph
1.

Article 147.
1. The awarding entity may request the econom ic operator to provide security on due
performance of the contract, herein after referred to as „security”.
2. Security shall serve to cover claims in respect of non-performance or improper
performance of a contract. If an economic oper ator is at the same time a guarantor, this
security shall also serve to cover cl aims in respect of quality guarantee.
3. The awarding entity shall require the ec onomic operator to provide security, if:

71
1)
the value of a contract for works is equal to or exceeds the amounts specified
in provisions issued under Article 11 paragraph 8;
2) the value of a contract for supplies or services is equal to or exceeds PLN
equivalent of EUR 10 000 000, with the ex ception of contracts for credits and
loans;

3) the contract is to be concluded for a period longer than 4 years, with the
exception of contracts referred to in Article 142 paragraph 4 and Article 143.
4. In exceptional cases, in particular where th e request for a security could prevent the
award of a contract or result in a significant increase in the price of tenders, the awarding
entity may refrain from demanding a security.

Article 148.
1. The security may be provided at the econom ic operator’s choice in one or several of
the following forms:
1) cash;
2) bank sureties or guarantees of collective savings-loan fund, however the surety
of collective savings – loan fund is always a financial surety;
3) bank guarantees;
4) insurance guarantees;
5) sureties granted by entities, referred to in Article 6b paragraph 5 item 2 of the
Act of 9 November 2000 on the establ ishment of the Polish Agency for
Enterprise Development .
2. With the approval of the awarding en tity a security may be provided also:
1) bills of exchange with the surety of bank or collective savings-loan fund;
2) by establishing a pledge on securities i ssued by the State Treasury or unit of
territorial self-government;
3) by establishing a registered pledge, in acco rdance with the principles laid down
in the provisions concerni ng registered pledges and the pledge register.
3. An economic operator shall remit security to be provided in cash by bank transfer to
a bank account indicated by the awarding entity.
4. In the event of a deposit made in cash an economic operator may agree to count the
amount of the deposit towards the security.
5. In the event of a cash security the aw arding entity shall keep it on a bank account
bearing interest. The awarding entity shall retu rn security provided in cash together with
interest resulting from the bank account agreemen t on which it has been kept less the cost of
its operation and bank commission for transf er of funds to the economic operator’s bank
account.

Article 149.
1. In the course of the execution of proc urement contract the economic operator may
change the form of security to one or several of those referred to in Article 148 paragraph 1.

72
2. With the approval of the awarding enti
ty the economic operator may change the
form of the security to one or several of those referred to in Article 148 paragraph 2.
3. The change of the form of security sh all be made preserving its continuity and
without decreasing its amount.

Article 150.
1. The amount of the security shall be determined on a percentage-wise basis in
relation to the aggregate price quoted in the tender or the maximum nominal value of the
awarding entity’s commitment under the contract, if unit price or unit prices have been quoted
in the tender.
2. A security shall be fixed at 2 to 10% of the price quoted in the tender or the
maximum nominal value of the awarding entity’s commitment under the contract.
3. If the time for the completi on of the contract exceeds one year, the security, with the
consent of the awarding entity, may be establ ished by deductions from dues for the already
performed part of supplies, services or works.
4. In the case, referred to in paragraph 3, an economic operator shall be required to
contribute at least 30% of the security amount on the date of the contract.
5. The awarding entity sha ll pay the amounts deducted to the bank account on the
same day on which it pays invoices.
6. In the case, referred to in paragraph 3, payment of the full amount of the security
shall be done not later than by th e end of the first half of the period for which the contract was
concluded.

Article 151.
1. The awarding entity shall retu rn the security within 30 days of the completion of the
contract and acknowledgement by the aw arding entity as duly performed.
2. The amount retained to secure claims fo r warranty for defect or guarantee of quality
shall not exceed 30% of th e amount of the security.
3. The amount referred to in paragraph 2, shall be returned not later than on the 15
th
day following the expiry of the period of warranty for defect or quality guarantee.
TITLE V
PRESIDENT OF THE PUBLIC PROCUREM ENT OFFICE (PPO PRESIDENT)
Chapter 1
Scope of activities
Article 152.
1. The PPO President is a central governme nt body competent for matters concerning
public contracts.
2. The PPO President shall be subor dinate to the Prime Minister.
3. The PPO President shall be a ssisted in his work by the PPO.

73
4. The organisation of the PPO shall be
defined by a statute issued by the Prime
Minister by an order.

Article 153.
1. The PPO President shall be appointed by the Prime Minister from among persons
belonging to the state personnel re serve. The Prime Minister shall recall the PPO President.
2. [deleted] Article 154.
The PPO President:
1) prepares drafts of normative acts on public contracts;
2) takes decisions on individual issu es stipulated in this Act;
3) by electronic means the Public Procurement Bulletin, where all the notices
provided for in this Act are placed;
4) [deleted];
5) keeps and publishes on the PPO website a list of organisations authorised to
submit legal protection measures;
5a) runs, publishes and updates on the PPO website list of economic operators
that caused damage by failing to perform a contract or by performing a
contract incorrectly, if the damage was stated by the legally valid decision of
the court;
6) ensures the functioning of the system of legal protection measures;
7) prepares training programmes, organises a nd encourages training in the field of
public procurement;
8) prepares and disseminates standard criter ia for assessment of the substance of
the training;
9) [deleted] 10) disseminates standard forms of public procurement contracts, rules of
procedures and other documents used in awarding public contracts;
11) watches over observance of the public procurement system rules and in
particular carries out controls of the contract award process within the scope
stipulated in this Act;
12) disseminates the principles of professi onal ethics of persons performing tasks
within the public procurement system;
13) aspires to provide unif orm application of the procurement provisions,
considering the judicature of courts and the Constitutional Court, in particular
dissemination of decisions of the Na tional Appeal Chamber, courts and
Constitutional Court which refer to public procurement;
14) maintains international co- operation on issues relating to public contracts;
15) analyses the functioning of the sy stem of public contracts;

74
16)
prepares and submits to the (Polish) Council of Ministers and to the European
Commission annual reports on the f unctioning of the system of public
contracts;
17) presents to the Prime Minister an an nual information on the functioning of the
National Appeal Chamber, which consid ers the problems resulting from the
adjudication;
18) proposes candidates for the post of Chairman and Vice-chairman of the
National Appeal Chamber;
19) puts forward a motion to appoint the disciplinary agent of the National Appeal
Chamber
20) carries out activities which refer to E-procurement

Article 155.
1. The PPO President shall perform the task s provided for in this Act with the
assistance of no more than two Vice-Presidents.
2. The Vice-Presidents of the PPO shall be appointed by the Prime Minister from
among persons belonging to the state personnel re serve at the request of the PPO President.
The Prime Minister shall recall the Vice-Presi dents of the PPO at the request of the PPO
President.
3. [deleted] Article 156. [deleted]

Chapter 2
Public Procurement Council
Article 157.
1. The Public Procurement Council shall here by be established, hereinafter referred to
as the “Council”, which is an advisory a nd consultative body of the PPO President.
2. The Council shall in particular: 1) express its opinions on particularly im portant matters of the public contracts
system presented to it by the PPO President;
2) give its opinion on normative acts concerning public contracts;
3) give its opinion on the annual reports of the PPO President concerning the
functioning of the public contracts system;
4) establish the principles of professional ethics of persons performing tasks
specified in this Act within the public contracts system;
5) [deleted]

75

Article 158.
1. The Council shall be composed of 10 to 15 members appointed by the Prime
Minister.
2. Parliamentary groups, national self-gove rnment organisations and national
entrepreneurs’ organisations shall be in particular entitled to offer candidates.
3. The Prime Minister shall appoint member s of the Council from among persons who:
1) are Polish citizens;
2) enjoy all public rights;
3) have not been convicted of an offence committed in connection with a contract
award procedure, bribery or any other offence committed in order to gain a
financial benefit;
4) have the knowledge and authority guaranteeing proper performance of the
Council’s tasks.
4. The Prime Minister shall appoint from amon g the persons, referred to in paragraph
1, the Chairman of the Council. The Council shall appoint the Vice-Chairman of the Council
from among its members.
5. Members of the Council are entitled to remuneration for participation in the
Council’s works.
6. The proceedings of the Council shall be regulated by the Rules of Proced
ure
adopted by the Council.

Article 159.
1. The term of office of the Council shall expire together with the term of office of the
PPO President.
2. Membership in the Council shal l expire in the event of expiry of the term of office
of the Council, death of its memb er, his dismissal or resignation.
3. The Prime Minister shall recall a member of the Council if he ceased to satisfy one
of the conditions referred to in Article 158 paragraph 3, a nd at the request of the PPO
President in the event of:
1) failure to fulfil the obligations of a Council’s member;
2) loss of authority guaran teeing proper performance of the Council’s tasks;
3) illness preventing him from carrying out the functions of a member of the
Council.

Article 160.
1. The PPO provides assistance to the proceedings of the Council.
2. The Prime Minister shall sp ecify, by a regulation, the amo unt of remuneration of the
Chairman, Vice-Chairman and other members of the Council, taking into consideration
performed functions and the sc ope of duties of the Chairman, Vice-Chairman and other
members of the Council.

76

Chapter 3
Control of the award of contracts Section 1
General provisions
Article 161.
1. The PPO President shall control the award of contracts.
2. The objective of controls is to pr ove the conformity of contract award
procedures with the Act.
3. The control shall take pla ce in the seat of the PPO.
4. The commencement of the control may be preceded by the explanatory
proceeding in order to establish whether there is a justified presumption that the
provisions of the Act were violated in cour se of the contract award procedure what
might have influenced results of the award procedure.

Article 162.
1. The PPO employees shall be excluded from participation in control procedure,
if they:
1) participated in the procedure being the subject of control or actions
directly connected with their preparatio n on the part of awarding entity
or economic operator;
2) remain in matrimony, actual relations hip, consanguinity or affinity in
direct line or consanguinity or affini ty in indirect line up to the second
degree, or is related due to adoption , legal custody or guardianship with
the person acting on the part of awar ding entity or economic operator in
the procedure being controlled, his legal deputy or members of managing
or supervisory bodies of legal person s competing for the contract, which is
the subject of control;
3) during three years prior to the date of the start of the award procedure
being the subject of control remained in a relationship of employment or
freelance agreement with the awarding entity or economic operator or
was a member of managing or supervisory bodies of legal persons
competing for the controlled contract;
4) remain in such legal or actual relation ship with the person acting on the
part of the awarding entity or economic operator in the procedure being
the subject of control, which may raise justified doubts as to their
impartiality.
2. The employee of the PPO shall inform the PPO President about reasons of his
exclusion from the participation in a control.
3. The PPO President shall decide on the exclusion of the employee by means of
a decision.

77
Article 163.
1. In course of the explanatory proceedin g or control, the PPO President may:
1) request from the head of the awarding entity to submit the contract award
procedure documentation which is certified by the head of the awarding entity to
be in conformity to the original;
2) request from the head of the awarding entity or from its employees and
other subjects written explanations in cases concerning the subject of control;
3) ask for the expert’s opinion, if the establishment or the assessment of the
actual state of the case or conduct of other control activities requires specific
knowledge.
2. The expert shall be entitled to receive remuneration, which is covered by the
PPO President, in amount determined in accordance with the regulations on dues for
the witnesses, experts and parties in judicial proceedings.
3. The factual state of the case shall be based on the whole evidence gethered in
the course of the explanatory proceeding and control, in particular based on the award
procedure documentation, explanation of the head and employees of the awarding
entity, expert’s opinions and explanations of other subjects.

Article 164.
1. Following the control a control report shall be prepared.
2. The control report shall include in particular: 1) name (company name) and address of the awarding entity;
2) date of commencement and end of a control;
3) names of persons performing the control;
4) indication of the contract award pro cedure, which was the object of the
control;
5) information on findings of breaches.

Section 2
Ad hoc control
Article 165.
1. The PPO President shall commence an ad hoc control ex officio or on request
in case of justified presumption, that in course of the contract award procedure a
breach of the provisions of the Act appea red, which might have influened the result.
2. The ad hoc control may be commenced no t later than within 4 years from the
day of the end of the contract award procedure.
3. The PPO President shall inform the a pplicant on the commencement of the ad
hoc control or on the refusal of commencement of ad hoc control, indicating the
justification of the lack of circumst ances, as referred to in paragraph 1.

78
4. The PPO President shall commence an
ad hoc control on request of the
management authority, referred to in provisions of the National Development
Programme and provisions on th e development policy or provisions on the support for
rural development by means of European Agricultural Fund for Rural Development
hereinafter referred to as “the management authority”, if based on the justification of
the application, there is a ju stified presumption that in co urse of the contract award
procedure the breach of the provisions of the Act appeared, which might have
influenced its result.

Article 166.
1. The end of the ad hoc control shall be the submission of information on the
result of ad hoc control, whic h contains in particular:
1) description of the contract award pro cedure, which was the object of the
control;
2) information on confirmation of breach or lack of breach.
2. In case of reservations, as referred to in Article 167 paragraph 1, the end of the
ad hoc control shall be the submission to the awarding entity of information on the
final resolution of reservations.

Article 167.
1. The awarding entity shall have the righ t to make justified reservations to the
PPO President within 7 days from the submission
of information on the result of ad hoc
control.
2. The PPO President shall examine the reservations within 15 days from the date
of their receipt. In case of not admitting reservations, the PPO President shall dispatch
those reservations for an opinion to the National Appeal Chamber.
3. The National Appeal Chamber compos ed of 3 members shall prepare an
opinion on the reservations in form of resolut ion, within 15 days from the date of their
receipt.
4. The opinion of the National Appeal Ch amber is binding for the PPO President.
5. The PPO President shall forthwith info rm the head of the awarding entity
about the final examination of the reservations.
6. Article 162 shall apply accordingly to the members of the National Appeal
Chamber who examine the reservations.

Article 168.
In case of disclosed breach of the provisions of this Act, the PPO President may: 1) notify to the competent agent for public finance discipline of the breach of
public finance discipline or make a request to the relevant enforcement
committee to impose a penalty for the breach of public finance discipline;
2) impose a financial penalty referred to in Title VII;
3) apply to the court for the statemen t of invalidity of the procurement
contract in its enti rety or in part.

79

Section 3
Ex-ante control of contracts co -financed from the EU funds

Article 169.
1. The provisions of this Section sha ll apply to contracts or framework
agreements co-financed by the EU funds.
2. The PPO President shall conduct control of the awarded contracts prior to the
conclusion of contract (ex-ante control), if the value of co ntract or framework
agreement for:
1) works – is equal to or exceeds the PLN equivalent of EUR 20 000 000;
2) supplies or services – is equal to or exceeds the PLN equivalent of
EUR 10 000 000.
3. The submission of the copy of the co ntract award procedure documentation to
the PPO President shall comm ence the ex-ante control.
4. On request of the management author ity, the PPO President may refrain from
conducting ax-ante control, if based on the assessment of the ma nagement authority,
the contract award procedure was conducted in accordance with provisions of the Act.
The PPO President shall forthwith dispatch such an information to awarding entity
and to applicant.

Article 170.
1. After the final resolution of a protest agai nst the selection of the best tender or
expiry of the time limit for lodging the protes t, and prior to the conclusion of contract,
the awarding entity shall forthwith dispatch to the PPO President a copy of
documentation on contract award procedure, which is certified by the head of the
awarding entity to be in conformity to the original, in order to conduct ex- ante
control.
2. The awarding entity shall forthwith in form the PPO President about protest,
appeal or complaint being lodged after dispatch of the documentation for ex- ante
control. The PPO President sh all refrain from conducting the ex- ante control until the
final resolution of the protest, withou t prejudice to Article 182 paragraph 3.
3. In case of tender for lots where the val ue of separate lots is less than the
amounts, as referred to in Article 169 pa ragraph 2, The PPO President may refrain
from conducting control, and shall notify it to the awarding entity immediately after
the receipt of the copy of documentat ion, as referred to in paragraph 1.
4. The start of ex-ante control shall su spend the time limit during which an
economic operator must maintain his tender, until the end of control.

Article 171.
1. The end of an ex-ante control shall be th e submission to the awarding entity of
the information on the result of the control, which contains in particular:

80
1)
description of the contract award pro cedure, which was the object of the
control;
2) information on confirmation of breach or lack of breach.
3) post control recommendations – if in course of the control the cancellation
of the procedure or removal of the confirmed breaches was found
legitimate.
2. In case of making reservations, as ref erred to in Article 171 a, the submission
to the awarding entity of the information on the final resolut ion of reservations shall end
the control procedure.
3. The submission of information on cont rol results shall occur not later than
within 14 days from the day of submission of the documentation, as referred to in
Article 163 paragraph 1, and in case of the highly complicated control- not later than
within 30 days from the day of submission of the documentation, as referred to in
Article 163 paragraph 1.
4. Until the submission of the informatio n, as referred to in paragraph 1, the
contract shall not be concluded.
5. The head of the awarding entity, shall inform in writing the PPO President on
the manner of performing post control recommendations.
Art. 171a.
The awarding entity shall have the right to make justified reservations to the PPO
President within 7 days from the submission of the information on the control results.
The provisions of Article 167 paragraph 2-6 shall apply accordingly.

Chapter 4
National Appeal Chamber

Article 172.
1. The National Appeal Chamber hereinafter referred to as the “Chamber” shall be
established by the PPO President and shall be competent for the examination of the appeals
against resolution of protests lodg ed in contract award procedures.
2. The bodies of the Chamber are: 1) Chairman;
2) Vice-chairman:
3) General Assembly composed of the members of the Chamber.
3. The Chairman of the Chamber conducts th e works of the Chamber, in particular:
1) represents the Chamber outside;
2) presides over the General Assembly;
3) fixes the dates of sessions of ad judication panels and orders the joint
examination of the appeals;
4) appoints the adjudication panel of the Chamber for examination of the
appeal, including its Chairman;

81
5) supervises the efficiency of the Chamber’s work
6) submits to the PPO President, the annual information on the functioning of
the Chamber considering the problems resu
lting form the adjudication, after it is
passed by the General Assembly
4. The General Assembly of the Chamber:
1) prepares and passes the annual info rmation on functioning of the Chamber
considering the problems resu lting form the adjudication;
2) appoints the composition of the disciplinary court;
3) examines the appeal against th e decision of the disciplinary court;
4) examines and gives opinion othe r subject matters submitted by the PPO
President or raised by members of General Assembly.
5. The PPO President calls the General Assemb ly of the Chamber at least two times a
year, and at written request of at least half of its members or the chairman of the disciplinary
court within 14 days of the date it was put fo rward. The resolutions of the General Assembly
are passed by a majority vote in the presence of at least half of the Chamber’s composition; in
case of equal number of vot es, the Chairman of the Chamber has a casting vote.

Article 173.
1. The composition of the Chamber consists of no more than 100 members appointed
and dismissed by the Prime Minister from among persons satisfying the requirements,
referred to in paragraph 2, who obtained th e best results in qualifying procedure.
2. A person eligible to become member of the Chamber:: 1) is a Polish citizen;
2) has higher law education;
3) has full legal capacity to enter into legal transactions;
4) enjoys all public rights;
5) has an unblemished reputation;
6) has not been validly convicted of offences committed intentionally;
7) has minimum 5 year work experience in public administration or at the
positions connected with giving lega l advice, preparing legal opinions,
preparing drafts of legal acts as well as acting before courts and offices.
8) is at least at the age of 29.
3. The Chairman and Vice-chairman are appoint ed for a 3-year term of office by the
Prime Minister on the motion of the PPO President from among candidates proposed by the
members of the Chamber. The provisions of Ar ticle 174 paragraph 5 shall apply accordingly
to the recall of the Chairman and Vice-chairman of the Chamber before the expiry of term of
office.
4. The employment relationship is establishe d based on the appointment and date fixed
in the appointment act. The PPO President sh all perform actions within the labour law
concerning the members of the Chamber. In matters concerning the employment relationship

82
of the members not regulated by this Act, the
provisions of the Act of 26 June 1974- Labour
Code (Dz. U. of 1998 No 21 item 94 as amended 6) shall apply accordingly.
5. Prior to undertaking their responsibilities, the members of Chamber are obliged to
take an oath before the Prime Minister by repeating the following words: „I hereby solemnly
swear to diligently fulfil the duties of the me mber of Chamber, to act being guided by the
principles of dignity and honesty”; the oath can be ended with “so help me God”. The
members of the Chamber confirm the taking of the oath by subscribing their signatures
thereto.
6. The basis for determining the base rem uneration for the Chairman and the Vice-
chairman, as well as the other members the Ch amber is the multiple base amount determined
in the budget act for the give n year, pursuant to Article 9 paragraph 1 item 2 of the Act of 23
December 1999 on the remuneration in the stat e-budget sector and on amending certain acts
(Dz. U. No 110 item 1255, as amended
7) for the employees of the state-budget sector referred
to in Article 5 item 1 letter b) of that Act;
7. The members of the Chamber are entitled for seniority anniversary reward, starting
from the 6th year of work, which amounts to 5% of the monthly base remuneration and
increases 1% after each year of work, until it reaches 20% of the monthly base remuneration.
8. The members of the Chamber are entitled for anniversary reward, which amounts
to:
1) 75% of the monthly remuneration- after 20 years of work;
2) 100% of the monthly remuneration- after 25 years of work;
3) 150% of the monthly remuneration- after 30 years of work;
4) 200% of the monthly remuneration- after 35 years of work;
5) 300% of the monthly remuneration- after 40 years of work;
6) 350% of the monthly remuneration- after 45 years of work.
9. The work period, which entitles for anni versary reward, includes all the previous
employment periods and other periods, if they, in view of separate provisions, are to be
included in the work period, which determin es the employee rights. The provisions on
anniversary reward, referred to in provision s on the public office employees, shall apply
accordingly to evaluation and pa yout of anniversary reward.
10. The Prime Minister shall determine by means of a regulation, the multiple base
amount, referred to in paragraph 6, considerin g the function performed by a member of the
Chamber and the fact, that the multiplicity of the base amount cannot be less than 4,5.
6 The amendments to the uniform test of the mentioned Act were published in the Dz. U. of 1998 No. 106 item
668 and No. 113 item 717, of 1999 No. 99 item 1152, of 2000 No. 19 item 239, No. 43 item 489, No. 107 item
1127 and No. 120 item 1268, of 2001 No. 11 item 84, No. 28 item 301, No. 52 item 538, No. 99 item 1075, No.
111 item 1194, No. 123 item 1354, No. 128 item 1405 and 154 item 1805, of 2002 No. 74 item 676, No. 135
item 1146, No. 196 item 1660, No. 199 item 1673 and No. 200 item 1679, of 2003 No. 166 item 1608 and No.
213 item 2081, of 2004 No. 96 item 959, No. 99 item 1001, No. 120 item 1252 and No. 240 item 2407, of 2005
No. 10 item 71, No. 68 item 610, No. 86 item 732 and No. 167 item 1398 and of 2006 No. 104 item 708 and No.
133 item 935, No. 217 item 1587 and No. 221 item 1615 and of 2007 No. 64 item 426.
7 The amendments to the mentioned Act were published in the Dz. U. of 2000 No. 19 item 239, of 2001 No. 85
item 924, No. 100 item 1080 and No. 154 item 1784 and 1799, of 2002 No. 74 item 676, No. 152 item 1267, No.
213 item 1802 and No. 214 item 1805, of 2003 No. 149 item 1454, No. 166 item 1609, No. 179 item 1750, No.
199 item 1939 and No. 228 item 2256, of 2004 No. 240 item 2407 and No. 273 item 2703, of 2005 No. 164 item
1365 and No. 249 item 2104 and of 2006 No. 104 item 708 and 711 and of 2007 No. 64 item 433.

83
11. The organizational- techni
cal support and accountant service for the Chamber are
provided by the Office.

Article 174.
1. The membership in the Chamber cannot be joined with:
1) mandate of the Member of Parliament or Senator,
2) a mandate of the councilor, borough l eader (mayor, president of the city) or
the membership in board of poviat or voivodship;
3) a membership in regional clearing chamber or self governmental appeal
bodies;
4) membership of a political party or performance of political function.
2. The Chamber members may not: 1) take up additional employment and other paid work, except for the work as
teaching stuff, academic teacher or a research worker if it is less than the full
time work at this position, if this empl oyment does not interfere with the duties
as a member of the Chamber;
2) perform business activity individually or together with other persons, as well
as manage such activity or be a representa tive or plenipotentiary in conducting such
activity;
3) be a member of board, a supervisory board or an audit committee or
plenipotentiary of commercial companies;
4) be a member of foundation boar d, which performs business activity;
5) own more than 10% of stocks or shares which accounts for more than 10%
of the seed capital of such commercial companies..
3. A member of the Chamber shall submit to the PPO President by 31 March of each
year a statement on:
1) currently pending penal pro cedures against him together with information
about the object of these procedures;
2) his financial standing as for 31 Decembe r of the previous year by using
accordingly the form, specified in provi sions on on restriction of performing
economic activities by persons performing public functions.
4. Membership in the Chamber shall expire in the event of the death of its member or
his dismissal.
5. The Prime Minister shall recall the member of the Chamber in case of:
1) loss of Polish citizenship;
2) loss or restriction of capacity to enter into legal transactions;
3) loss of the public rights;
4) loss of authority which gave a guara ntee of the correct fulfilment of
responsibilities of a member of the Chamber;
5) valid conviction for an offence committed intentionally or intentional tax
fraud;

84
6)
expiry of the 6 month period of susp ension, referred to in Article 176
paragraph 1;
7) the disciplinary sanction resulting in exclusion from the composition of the
Chamber;
8) failure to submit one the statemen ts, referred to in paragraph 3;
9) refusal to take an oath;
10) failure to take the post within the time limit specified in the act of appointment
11) motion of dismissal put forwar d by the member of Chamber.
6. The members of the Chamber, within the scope of the responsibilities provided for
in the Act, exercise the right to the legal protection for the public functionaries.
7. The members of the adjudication panels of the Chamber are independent and bound
solely by the provisions of the binding law.

Article 175.
1. The members of Chamber are liable for th e disciplinary responsibility for breach of
the duties and profe ssional dignity.
2. The disciplinary penalties are:
1) admonition;
2) dismissal from the performed function; 3) exclusion from the composition of the
Chamber.
3. The penalty, referred to in paragraph 2 item 2, means the inability to perform the
function of Chairman, Vice-chairman, Disciplinar y agent or a member of disciplinary court
for 3 years.
4. In disciplinary matters concerning the members of the Chambers, the following
bodies are authorized to give a ruling:
1) in the first instance- disciplinary court in composition of 5 members of the
Chamber, appointed by the General Assembly form among the members of the
Chamber;
2) in the second instance- Gene ral Assembly of the Chamber.
5. The disciplinary agent acts as the prosecu tor before the disciplinary court. The
Prime Minister at the request of the PPO Pres ident shall appoint a disciplinary agent from
among the members of the Chamber for the 3-year term of office. The disciplinary agent may
be dismissed at any time and performs its duties until the new disciplina ry agent is appointed.
6. The disciplinary ruling issued in the s econd instance may be appealed before the
appeal court- industrial and nati onal insurance tribunal, competen t for the seat of the Office,
within 14 days from the date of submission of the ruling together with the justification. There
is no complaint for annulment against the decision of the appeal court.

85
7. The detailed course of the disciplinary proceeding and selec
tion of adjudication
panel of the disciplinary court are specified in the rules of procedure passed by the General
Assembly of the Chamber.
Article 176.
1. The Prime Minister shall suspend the member of the Chamber in his rights and
obligations in case of accusation of committing th e offence intentionally or intentional tax
fraud.
2. The suspension period, referr ed to in paragraph 1, shall last until the end of the
criminal proceedings, however not more than 6 months.
3. During the suspension period, the member of the Chamber has the right to receive
half of the remuneration.
Article 176a.
1. The members of the Chamber are selected by qualifying procedure, which consists
of:
1) a written exam in theoretical and pr actical knowledge of the contract award
procedure rules
2) an interview.
2. The notice on qualifying procedure for the me mbers of the Chamber is issued by the
Prime Minister at the request of the PPO President, if the increase in composition of the
Chamber is needed.
3. The notice, referred to in paragraph 2, is placed in the Public Information Bulletin
of the Office and Chancellery of the Prime Minister, as well as in the national daily.
4. The notice shall include: 1) information on the number of pers ons to be appointed in the given
qualifying procedure;
2) time limit and place for collecting the applications; however the time limit
shall not be less than 30 days of the date of the notice;
3) list of the documents to be enclosed to the application for the member of the
Chamber;
4)The date of the qualifying procedure, referred to in paragraph 1;
5) minimum number of points to be obtained.
5. In order to the conduct the qualifying pr ocedure for the members of the Chamber,
the Prime Minister appoints the qualifying comm ittee, which consists only of persons whose
knowledge and experience in the field of rules for conducting contract award procedures as
well as authority gu arantee the correct and impartial conduc t of the contract award procedure.
6. If in qualifying procedure the minimum number of points is received by a smaller
number of persons than the limit specified in th e notice, referred to in paragraph 4 item 1, the
Prime Minister shall call the supplementary qualifying procedure for the members of the
Chamber within 30 day of the end of the prev ious qualifying procedure. The provisions of
paragraphs 1-5 shall apply.
7. The Prime Minister specifies by means of a regulation of the manner of conducting
the qualifying procedure, referred to in pa ragraphs 1-6, the manner of appointing the
qualifying committee, as well as the scope of the qualifying procedure, taking into

86
consideration the need to ensure objective veri
fication of candidate’s theoretical and practical
preparation, the efficient conduct of the app eal procedure and the fact that documents
containing information subject to personal data protection and in particular the information
from the National Register of Criminal Reco rds may be required to confirm a candidate’s
compliance with the conditions referr ed to in Article 173 paragraph 2.
Chapter 5 [deleted]

TITLE VI
LEGAL PROTECTION MEASURES Chapter 1
Common provisions
Article 179.
1. Legal protection measures specified in this Title are granted to economic
operators and participants of the design cont est, as well as to other persons whose legal
interest in being awarded the contract was or may be prejudiced as a result of the
breach by the awarding entity of the provisions of this Act.
1a. The awarding entity is also entitled to legal protection measure, referred to in
Chapter 4 of this Title.

1b. [deleted] 2. Prior to the final date for submission of tenders in the case of a breach by the
awarding entity of the provisions of this Act, le gal protection measures shall be also available
to organisations of economic opera tors entered in the list of organisations authorised to lodge
legal protection measures maintained by the PPO President.
3. Organisations of economic operators, re ferred to in paragraph 2, should be
understood as entities operating und er the provisions concerning:
1) commercial chambers;
2) crafts;
3) professional self-government of certain entrepreneurs;
4) employers’ organisations;
5) professional self-governments of architects, civil engineers and urban planners.
4. The PPO President shall make entries, rejections of entry and deletes with regard to
the list referred to in paragra ph 2, by an administrative decision.
5. The list of organisations referred to in paragraph 2 shall be subject to announcement
in the Public Procurement Bulletin.

Chapter 2 Protest

87
Article 180.

1. A protest shall be lodged to the awarding entity against the content of the
contract notice, design contest notice, provis ions of specification of essential terms of
contract, the Rules of Procedures for the design contest, actions performed by the
awarding entity in the course of procedure or design contest and in the event of a failure
by the awarding entity to act as it is bound to perform under this Act. The provisions of
Article 27 paragraphs 1-3 shall apply accordingly.
2. Protest shall be lodged within 10 days from the date on which one have
become or with due diligence may have beco me aware of the circumstances constituting
the basis thereof, and if the contract value is less than the amounts specified in provision
issued under Article 11 paragraph 8 – within 7 days. The protest shall be deemed as
lodged when delivered to the awarding en tity in a manner allowing it to become
familiarised with its content.
3. The protest which refers to the contract not ice, and if the procedure is carried out in
the open tendering, the provisions of the specification of essential terms of contract, shall be
lodged within:
1) 7 days from the publication of the c ontract notice in Public Procurement
Bulletin or publication of specification of essential terms of contract on the
website – if the contract value is less than the amounts specified in provision
issued under Article 11 paragraph 8;
2) 14 days from the publication of the contra ct notice in the Official Journal of
the European Union or publication of the specification of essential terms of
contract on the website – if the contract value is equal to or exceeds the
amounts specified in the provisions is sued under Article 11 paragraph 8
– the provision of paragraph 2 sentence 1 shall not apply.
4. If the procedure is carried out under an y other type than the open tendering,
the protest which refer to the provisions of specification of essential terms of contract
shall be lodged within:
1) 7 days from the submission of specifica tion of essential terms of contract,
however not later than 3 days prior to the expiry of the time limit for
submission of tenders – if the cont ract value is less than the amounts
specified in the provisions issued under Article 11 paragraph 8,
2) 10 days from the submission of specifica tion of essential terms of contract,
– if the contract value is equal to or exceeds the amounts specified in the
provisions issued under Article 11 paragraph 8
– the provisions of paragraph 2 sentence 1 shall not apply. 5. If case of lodging the protest which conc erns the contract notice or provisions of
specification of essential terms of contract, the awarding entity may extend the time limit for
submission of tenders.
6. The lodging of a protest shall be admissible only before the conclusion of a
contract.
7. The awarding entity shall re ject any protest lodged after the final date or protest
lodged by an unauthorised entity or an inad missible protest on the basis of Article 181
paragraph 6.

88
8. A protest should indicate action or failure
to act of the awarding entity under protest
and should also include a demand, brief description of charges as well as factual and legal
circumstances providing grounds for the protest.

Article 181.
1. In the event of a protest lodged after the final date for submission of tenders, the
period during which the economic operator must maintain his tender shall be suspended until
the final resolution of the protest.
2. The awarding entity shall forthwith inform the economic operators who submitted
their tenders about the suspension of the peri od during which the economic operators must
maintain their tenders.

2a. The awarding entity calls upon the eco nomic operators, under the pain of
exclusion from the procedure, in any time, however not later than 7 days prior to the expiry of
the deposit, to prolong the validity of the deposit or to pay a new deposit for a period
necessary for the security of the procedure until the conclusion of the contract, after the final
examination of the protest.
3. The awarding entity shall dispatch a copy of the protest being lodged to the
economic operators who participate in a contract award procedure, and if the protest refers to
the content of contract notice or provisions of specification of essential terms of contract,
places it also on the website, wher e the specification is available, and calls upon the economic
operators to participate in a procedure as a result of protest being lodged.
4. The participants of a procedure as a re sult of protest being lodged are the economic
operators who have a legal interest in resolving the protest in favor of one of the parties, and
who joined the procedure:
1) within 3 days from the receipt of th e call, referred to in paragraph 3;
2) until the deadline, referred to in Article 180 paragraph 3, if the protest refers to
the contract notice or provi sions of the specification of essential terms of
contract in an open tendering.
5. The economic operator expresses the acces sion to the procedure as a result of a
protest being lodged, by indicating his legal in terest in accession and stating his request
referring to accusations contained in a protest. The request referring to accession is lodged to
the awarding entity, dispatching its copy to the economic operator who lodges the protest.
6. The economic operator who lodges the protest and the economic operator, who is
called upon, referred to in paragr aph 3, may not exercise legal protection measures in addition
to final resolution of a protest in a proce dure being a result of lodging the protest.
7. The economic operator who lodges the protest and the economic operator, who is
called upon, referred to in para graph 3, may not forthwith lodge a protest by referring to the
same circumstances.

Article 182.
1. The awarding entity shall not conclude a c ontract until the final resolution of the
protest.
2. The protest is finally resolved:

89
1)
where no appeal is possible – with the resolution of a protest by the
awarding entity or the deadline for its resolution;
2) where no appeal has been lodged – upon the expiry of the date for lodging
of appeals;
3) in case of lodging the appeal – on th e day, on which the decision ending the
appeal procedure or the decision of the Chamber is issued.
3. The awarding entity may put forward a motion to revoke the ban on
conclusion of contract prior to the final resolution of a protest. The Chamber may
revoke the ban on conclusion of a contract, if non conclusion of a contract might cause a
negative results for public interest exceedin g the benefits related to the necessity of
protecting of all interests, with reference to wh ich a possibility of sustaining a loss due to
actions conducted by the awarding entity in contract award procedure occurs. The
Chamber examines the motion at closed sessio n by means of a resolution, not later than
within 5 days from the date when the motion is put forward. The provision of Article
186 paragraph 2 shall apply accordingly.
4. Against the decision of Chamber, as referred to in paragraph 3, the complaint
shall not be admissible.

Article 183.
1. The awarding entity resolves at the same time all protests referring to:
1) the content of the contract notice,
2) the provisions of the specificati on of essential terms of contract,
3) exclusions of the economic operator from the contract award procedure,
rejections of tender and selection of the best tender – under open tendering,
negotiated procedure without publica tion and request- for- quotation,
4) exclusions of the economic operator from the contract award procedure or
rejection of tender and selec tion of the best tender – under restricted tendering,
negotiated procedure with publication, competitive dialogue
– 10 days from the expiry of the last time limit for lodging the protest.
2. The protest, other than the one referred to in paragraph 1, shall be resolved by the
awarding entity within 10 days from the day on which it was lodged.
3. Lack of resolution of protest within the tim e limits, referred to in paragraph 1 and 2,
is considered as its dismissal.
4. The awarding entity dispat ches the resolution along with justification and the
cautions on the manner and time limit for lodging the appeal to the economic operator, who
lodged the protest and the economic operators who joined the procedure as a result of protest
being lodged, and if the protest refers to the content of the contract notice or the provisions of
specification of essential terms of contract under open tendering, also places on the website
where the specification is available.
5. In the case when the protest is admitted, the aw arding entity shall repeat the action
subject to protest or perform the illegally omitted action :
1) forthwith – if all the requests were admitted;
2) after the final resolution of a protest – if at least one of the requests was not
admitted.

90
6. The awarding entity shall forthwith inform
all economic operators of any repetition
or performance of the action.

Chapter 3 Appeal

Article 184.
1. The appeal shall be admissible agai nst a resolution of a protest without
prejudice to paragraph 1a.
1a. In contract award procedure of the va lue less than the amounts specified in
provisions issued on the basis of the Articl e 11 paragraph 8, the appeal shall solely be
admissible against the resolution of a protest, which refer to:
1) choice of the negotiated procedure without publication, single-source
procurement and request for quotation;
2) description of the method used for th e evaluation of the fulfilment of
conditions for participation in the contract award procedure;
3) exclusion of the economic operator fr om the contract award procedure;
4) rejection of tender.
2. The appeal is lodged to the PPO Presid ent within 10 days from the date of
submission of the resolution of protest or the expiry of the time limit for the resolution of
protest, and if the value is less than the amounts specified in provisions issued on the
basis of the Article 11 paragraph 8- within 5 days, simultaneously submitting the copy to
the awarding entity. The appeal submitted at the Polish post office shall be regarded as
submitted to the PPO President.
3. The copy of the appeal is also dispatched to all the participants of the procedure as a
result of protest being lodged, however not later than 2 days from its receipt, calling them to
participate in an appeal procedure.
4. The economic operator may express the accession to the appeal procedure not later
than at the time of opening of the meeti ng by the adjudication panel of the Chamber,
specifying its legal interest in accession and the party he chooses to support. The accession is
dispatched to the PPO President, and the copy of an appeal is delivered to the awarding entity
and the economic operator who lodges the appeal.
5. The actions of the economic operator who joined the appeal procedure shall not
stand in contradiction to actio ns and declarations of the party, he chooses to support.
6. Appeal procedures sha ll be regulated by appropri ate provisions of the [Polish] Code
of Civil Procedure of 17 November 1964 (Dz. U. No. 43 item 296 as amended
8) on the court
of arbitration, unless this Act provides otherwise.
8 The amendments to the mentioned Act were published in Dz. U. of 1965 No. 15, item 113, of 1974 No. 27,
item 157 and No. 39, item 231, of 1975 No. 45, item 234, of 1982 No. 11, item 82 and No. 30, item 210, of
1983 No. 5,item 33, of 1984 No. 45, item 241 and 242, of 1985 No. 20, item 86, of 1987 No. 21, item 123, of
1988 No. 41, item 324, of 1989 No. 4, item 21 and No. 33, item 175, of 1990 No. 14, item 88, No. 34, item
198, No. 53, item 306, No. 55, item 318 and No. 79, item 464, of 1991 No. 7, item 24, No. 22, item 92 and No.
115, item 496, of 1993 No. 12, item 53, of 1994 No. 105, item 509, of 1995 No. 83, item 417, of 1996 No. 24,
item 110, No. 43, item 189, No. 73, item 350 and No. 149, item 703, of 1997 No. 43, item 270, No. 54, item
348, No. 75, item 471, No. 102, item 643, No. 117, item 752, No. 121, item 769 and 770, No. 133, item 882, No.
139, item 934, No. 140, item 940 and No. 141, item 944, of 1998 No. 106, item 668 and No. 117, item 757, of
1999 No. 52, item 532, of 2000 No. 22, item 269 and 271, No. 48, item 552 and 554, No. 55, item 665, No. 73,

91

Article 185.
1. The appeal shall be examined if the regi stration fee has been paid. The registration
fee shall be paid at the latest on the day the a ppeal is lodged and the proof of payment shall be
attached to the appeal.

2. Where the registration fee has not been paid the PPO President shall return the
appeal. The PPO President decides about the return of the appeal by issuing a decision, which
shall not be appealed.
Article 186.
1. The appeal shall be examined by the Ch amber in a panel of three members. The
Chairman of the Chamber shall appoint the chairman of the adjudication panel from among
appointed members.
2. The adjudication panel of the Chamber, hereinafter referred to “the adjudication
panel”, is appointed by the Chairman of the Chamber in a manner considering date of
submission of the appeals and alphabetical list of the members of the Chamber, open to the
parties of the appeal procedure. Exception from this order is acceptable only in case when the
member of the Chamber is ill or for other importa nt reason, which shall be stated in an order
on appointment of composition the adjudication panel.
3. The change in composition of the adjudi cation panel may occur only for reasons,
referred to in paragraph 2 sentence 2.
4. The member of the adjudication panel shall notify in writing to the Chairman of the
Chamber the circumstances, referred to in paragraph 2 sentence 2.
5. The member of the adjudication panel or the party of the appeal procedure shall
notify to the PPO President the circumstances justifying the exclusion of the member, in case
of factual and legal circumstances, whic h may raise justified doubts concerning his
impartiality. The exclusion of a member of th e Chamber or the refusal of his exclusion is
being a subject of a decision of the PPO Presid ent. No complaint against the exclusion of
refusal of exclusion of the member is possible.
6. In case of circumstances, referred to in paragraph 4 and 5, the Chairman shall
appoint other member of the adj udication panel from the alphabet ical list of the members of
the Chamber.

item 852, No. 94, item 1037, No. 114, item 1191 and 1193 and No. 122, item 1314, 1319 and 1322, of 2001 No.
4, item 27, No. 49, item 508, No. 63, item 635, No. 98, item 1069, 1070 and 1071, No. 123, item 1353, No. 125,
item 1368 and No. 138, item 1546, of 2002 No. 25, item 253, No. 26, item 265, No. 74, item 676, No. 84, item
764, No. 126, item 1069 and 1070, No. 129, item 1102, No. 153, item 1271, No. 219, item 1849 and No. 240,
item 2058, of 2003 No. 41, item 360, No. 42, item 363, No. 60, item 535, No. 109, item 1035, No. 119, item
1121, No. 130, item 1188, No. 139, item 1323, No. 199, item 1939 and No. 228, item 2255, of 2004 No. 9, item
75, No. 11, item 101, No. 68, item 623, No. 91, item 871, No. 93, item 891, No. 121, item 1264, No. 162, item
1691, No. 169, item 1783, No. 172, item 1804, No. 204, item 2091, No. 210, item 2135, No. 236, item 2356 and
No. 237, item 2384, of 2005 No. 13, item 98, No. 22, item 185, No. 86, item 732, No. 122, item 1024, No. 143,
item 1199, No. 150, item 1239, No. 167, item 1398, No. 169, item 1413 and 1417, No. 172, item 1438, No. 178,
item 1478, No. 183, item 1538, No. 264, item 2205 and No. 267
, item 2258 and of 2006 No. 12, item 66, No.
66, item 466 and No. 104, item 708 and 711, No. 186, item 1379, No. 208, item 1537 and 1540, No. 226, item
1656, No. 235, item 235, item 1699 and of 2007 No. 7, item 58, No. 47, item 319 and No. 50, item 331.

92
Article 187.
1. The Chamber examines the appeal within 15 days from the date of its submission to
the PPO President. The Chairman of the Chamber may order a combined examination by the
Chamber of all the appeals, which were lodged in the course of the same contract award
procedure and refer to the same actions of the awarding entity.

2. The Chamber shall examine the appeal at an open session, unless the appeal is
subject to rejection, subject to paragraph 3.
3. As a request of the party or ex-officio, the Chamber closes the whole or part of the
procedure for the public, if confidential inform ation protected by the law may be revealed
while examining the appeal. The procedure is open only for the parties concerned and their
representatives.
4. The Chamber shall reject the appeal at a closed session, if it finds that:
1) the provisions of this Act are not applicable to the case;
2) the appeal was not preceded by a protest; subject to Article 181 paragraph 4;
3) the protest or appeal has been lodged by an unauthorised entity;
4) the protest or appeal has been lodged in breach of the time limits specified in
this Act;
5) the appellant bases his appeal on the same circumstances which were the
object of a decision of the Chamber c oncerning another appeal lodged by the
same appellant in the same procedure;
6) appeal, lodged by the economic operator who lodged a protest or was called
upon, in accordance with Article 181 paragraph 3, refers to actions which were
carried out by the awarding entity in acco rdance with the final resolution of the
protest;
7) The appellant did not dispatch to the aw arding entity the copy of an appeal, in
accordance with Arti cle 184 paragraph 2.
8) In the contract award procedure of the value less than the amounts
specified in provisions issued on the basis of the Article 11 paragraph 8,
the appeal shall refer to other action s than the ones listed in Article 184
paragraph 1a.

5. Should the Chamber consider this necessary , it may permit the parties, witnesses or
experts to participate in the closed session.
6. If no grounds for rejection are found, the chairman of the adjudication panel closes
the session and opens a hearing.

Article 188.
1. The parties are bound to adduce evidence in support of facts they derive legal
consequences from. The parties may present evid ence in support of their arguments or against
the arguments of the opposing party thr oughout all the hearing until its closing.
2. The Chamber may admit eviden ce not adduced by the party.
3. Documents, depositions of witnesses, e xpert opinions and depositions of the parties
shall in particular be regarded as evidence.

93
4.
The Chamber may appoint an expert from among the persons duly entered in the list
of forensic experts appointed at the District Court in Warsaw if the determination of the
factual state of affairs require s special knowledge. The expert shall be entitled to receive
remuneration in amount determined in accordance with the regulations on dues for the
witnesses, experts and partie s in judicial proceedings.
5. Facts of general knowledge shall not requ ire the support of evidence. Evidence shall
not be required in the case of facts admitted in the course of the procedure by the opposing
party, if the Chamber considers that this admissi on raises no doubts as to its conformity with
the actual state of affairs.
6. The Chamber shall refuse to examine the evidence if facts on which they are based
have already been confirmed by other evidence or if they have been adduced only for the
purpose of causing delay.
7. The Chamber shall evaluate the reliabili ty and importance of the evidence in
accordance with their own belief and on the basis of thorough examination of the collected
material.

Article 189.
1. An appellant may withdraw his appeal. In the case of withdrawal the Chamber shall
discontinue the appeal procedure.
2. If the appeal was withdrawn before the opening of the hearing, the appellant shall
be reimbursed for 90% of the registration fee.

Article 190.
1. The chairman of the adjudication panel shal l close the hearing if in the opinion of
the panel the case has been sufficiently clarified.
2. The Chamber bases its judgement on the state of affairs determined in the course of
the procedure.
3. The chairman of the adjudication panel sh all re-open a session or a hearing if new
circumstances material to the resolution of the appeal have been disclosed thereafter.
4. A judgement may only be issued by the adjudication panel before which the
procedure was conducted.

Article 191.
1. The Chamber issues a judgement on the dismissal or admission of an appeal. In all
other cases the Chamber issues decisions.
1a. The Chamber shall admit the appeal, if it states that the breach of the
provisions of the Act has had or might have had an essential influence on the result of
the contract award procedure.
2. In admitting an appeal, the Chamber may:
1) demand performance or repetition of action by the awarding entity;
2) demand the cancellation of .action performed by the awarding entity;
3) [deleted]

94
3. The Chamber shall not decide on charges,
which have not been included in the
protest. Circumstances resulting in the cancellation of the contract award procedure shall be
considered by the Chamber panel ex-officio; in such case the Chamber issues the judgement.
4. In case, referred to in Article 187 paragraph 1 sentence 2, the Chamber may give a
common decision with regard to the appeals being lodged.

5. The Chamber shall not order pa rties to conclude a contract.
6. In the judgement and in the decision ending the appeal procedure the Chamber
settles the issue of the costs of the appeal procedure.
7. The parties shall bear the costs of the proced ure appropriately to the results thereof.

Article 192.
1. The Chamber shall prepare ex-officio justification to the judgement and to the final
decision ending the appeal procedure.
2. The justification, referred to in paragraph 1, shall contain the indication of the
factual grounds of the decision including establ ished facts, which the Chamber recognised as
proven, evidence on which it base d its decision and reasons for which it found other evidence
unreliable and devoid of probativ e value as well as indication of the legal grounds of the
judgement quoting also the provisions of the law.
3. Immediately after drafting of the judgeme nt or the decision ending the appeal
procedure the chairman of the adjudication panel announces its decision. Decisions are
announced at open sessions. Non-attendance of th e parties shall not prevent the decision from
being announced.
4. If the case is complex, the Chamber ma y defer the announcement of the judgement
or the decision ending the appeal procedure for no more than 5 days. The Chamber fixes the
date of the announcement in the decision to defer the
announcement. If the announcement was
deferred, it may be made by the chairman of the adjudication panel.
5. Transcripts of the judgement or the fina l decision ending the appeal procedure along
with the justification shall be delivered within 3 days to the parties and the participants of the
appeal procedure or th eir plenipotentiaries.

Article 193.
1. The decision of the Chamber, after its enforc eability is stated by the court, is equally
binding as the court’s decision. The provisions of Article 781 paragraph 2 of the Act of 17
November 1964- Civil Procedure Code shall apply accordingly.
2. The enforceability of the Chamber’s decision is stated by the court at the request of
the party. The party is obliged to enclose to its request the original or a copy of the Chamber’s
decision certified by the Chairman of the Chamber.
3. The court states the enforceability of the Chamber’s decision by a warrant of
execution.
Article 193a.
The Prime Minister shall defi ne by means of a regulation:
1) the rules of procedure concer ning the examination of appeals specifying in particular
the formal requirements concerning the appeal , actions with the appeal being lodged,

95
preparation of procedures and hearings taking into consideration the need to ensure
efficient organisation of the session and the hearing, fast progress of appeal
procedures and the public nature of hearings;
2) the amount and detailed rules for collecting appeal registration fees and detailed rules
for allocating costs in the appeal procedures, taking into consideration the diversified
amount of the registration fee which depend on the value and type of contract, as well
as legitimacy of the reimbursement of the costs to the party, necessary for the
appropriate pursuit of rights and appropriate legal protection.

Chapter 4
Complaints to the court
Article 194.
1. Against the decision of Chamber, the parties and participants of the appeal
procedure may lodge a complaint to court.
2. Appropriate provisions of the Code of Civil Procedure of 17 November 1964
concerning appeals shall apply accordingly to procedures pending as a result of a lodged
complaint, unless the provisions of this Chapter provide otherwise.

Article 195.
1. Complaints shall be lodged to the district court competent for the seat or place of
residence of the awarding entity.
2. Complaints are lodged through the PPO Pres ident within 7 days of submission of
the Chamber’s decision, sending at the same time its copy to the opposing party of the
petition.
3. The PPO President shall dispatch the compla int together with the files of the appeal
procedure to the competent court within not more than 7 days from the date of its receipt.
4. Within not more than 21 days from the date of the issuance of the decision, the
petition may be lodged also by PPO President. The provisions of the Act of 17 November
1964 – Code of Civil Procedure on prosecutor shall apply respectively to actions taken by
the PPO President.

Article 196.
1. The complaint should satisfy the require ments provided for a pleading and should
contain the indication of the decision complained against, description of charges with a brief
substantiation, adduced evidence, as well as a request to change the decision in whole or in
part.
2. [deleted]

3. [deleted]

96

Article 197.
1. The court shall, at closed session, reject a complaint which has been lodged after the
final date or is inadmissible for other reasons, as well as a petition, the defects of which have
not been remedied by the party within the specified time limit.
2. Where the party failed to perform any legal action within the specified time limit
not because of its own fault, the court shall reinstate the said time limit upon its request. A
decision on this matter may be issued at closed session.
3. The pleading with the request to reinst ate the time limit should be submitted to the
court within 7 days from the e nd of the cause of the default.

Article 198.
1. The court shall examine the case fort hwith, however not later than within 1
month from the date of receipt of the complaint by the court.
2. The court shall dismiss the complaint if it considers it unjustified. If the
complaint is admitted the court shall revoke the decision complained against and shall
issue a judgement on the essence of the case, in other cases the court shall issue the
decision. The provisions of Article 386 par agraph 4 of the Act of 17 November 1964 –
Code of Civil Procedure shall not apply.
3. If the appeal is rejected or there are grounds to discontinue the procedure, the
court shall cancel the judgement or shall revo ke the decision and shall reject the appeal
or discontinue the procedure.
4. The court shall not rule based on ch arges, which were not the subject of
protest.
5. The parties shall incur the court costs accordingly to the result of the case.
Estimating the amount of costs in the decision, the court shall also consider the costs due
to the resolution of a protests, which were incurred by the parties.
6. Cassation shall not be admissible against the judgement of the court. The
provisions shall not apply to the PPO Pres ident. The provisions of the Act of 17
November 1964 – Code of Civil Procedure on prosecutor shall apply respectively to
actions taken by the PPO President.

TITLE VII
LIABILITY FOR BREACH OF PROVISIONS OF THIS ACT Article 199.
The provisions of this Title are not applicable to the awarding entities mentioned in Article 3
paragraph 1 items 1, 5 and 6.

Article 200.
1. The awarding entity who:
1) awards a contract:

97
a)
infringing upon the provisions of this Act laying down the prerequisites for
the application of the individua l contract award procedures,
b) without the required notice;
c) without applying this Act;
2) cancels the contract award procedure in fringing upon the provisions of this Act
laying down the prerequisites for cancellation,
3) performs acts provided for in this Act without the required consent of the PPO
President or violates the provisions of the Act concerning the requirement of
dispatch of the notice to the PPO President,
4) modifies the concluded contract infr inging upon the provisions of this Act
– shall be subject to a financial penalty. 2. Awarding entities shall also be subject to a penalty in the following cases:
1) where the requirements to participate in a contract award procedure as defined
by the awarding entity distort fair competition,
2) where the awarding entity describes the object of contract in a way that
restricts fair competition,
3) where the awarding entity conducts a contract award proce dure in breach of
the rule of openness,
4) where the awarding entity fails to comply with the respective time limits fixed
for in this Act,
5) where the awarding entity excludes an economic operator from the contract
award procedure in breach of the provisions of the Act governing the
preconditions for such exclusion,
6) where the awarding entity rejects a tende r in breach of the provisions of the
Act governing the preconditions for such rejection,
7) where the awarding entity selects the best tender in breach of the provisions of
this Act
– if such a breach has an impact on the out come of the contract award procedure.

Article 201.
1. The amount of the financial penalty, referr ed to in Article 200, shall be determined
depending on the contract value.
2. Where the contract value: 1) is less than the amounts specified in the provisions issued under Article 11
paragraph 8 – the financial penalty shall be PLN 3 000;
2) is equal to or exceeds the amounts speci fied in the provisions issued under
Article 11 paragraph 8, but is less than EUR 10 000 000 for services and
supplies and EUR 20 000 000 for works – th e financial penalty shall be PLN 30
000;
3) is equal to or exceeds the expressed in PLN equivalent of EUR 10 000 000 for
services and supplies and EUR 20 000 000 for works – the financial penalty
shall be PLN 150 000.

98

Article 202.
1. The financial penalty shall be imposed by the PPO President by an administrative
decision.
2. The decision to impose a financial penalty shall not be issued with the clause of
immediate enforceability.

Article 203.
1. The financial penalty constitutes the revenue of the state budget.
2. Financial penalties shall be subject to collection under the provisions concerning
execution proceedings in administration with re gard to the execution of duties of pecuniary
nature.

TITLE VIII
AMENDMENTS TO THE EXISTING PROVISIONS Articles 204 to 219 – omitted.
TITLE IX
INTERIM AND FINAL PROVISIONS Articles 220 to 227 – omitted.

Additional provisions in the amendment (amendment to the binding provisions, interim
and final provisions)
Article 2.
In the Act of 28 July 2005 on public private partnership (Journal of Law, No. 169, item
1420) Article 13 should read as follows:
„Art. 13. Information on the implementation of specific undertaking based on the rules
appropriate for public private partnership sh all be placed in the Public Information
Bulletin.”

Article 3.
In the Act of 7 September 2007 on preparation of the final tournament in the European
championships in Football UEFA EURO 2012 (Journal of Law, No. 173, item 1219)
Article 21 shall be deleted.
Article 4.
1. The hitherto provisions shall apply to contract award procedures and design
contest commenced prior to the entry into for ce of this Act, except for provisions on the
modification of the notice, modification of the specification of essential terms of contract,
correction of errors in tender and reasons for rejection of tender, which shall be read
within the meaning provided for in this Act.

99
2. The provisions of the Title VI of the Act amended in Article 1 shall
apply to
protests lodged after entry into force of this Act as well as appeals and complaints as
their consequence, shall be read within th e meaning provided for in this Act.
3. The Article 67 paragraph 1 item 6 in the hitherto meaning shall apply to
supplementary contracts being awarded und er single- source procurement after the
entry into force of this Act, which were envis aged in specification of essential terms of
contract for the main contract commenced pr ior to the entry into force of this Act.
4. The hitherto provisions shall apply to public procurement contracts concluded
prior to the entry into force of this Act.
5. The hitherto provisions shall apply to controls commenced prior to the entry
into force of this Act.

Article 5.
The Act shall enter into force a fter 30 days from its publication.

-->