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Public Procurement Act

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The Act of June lO , 1994 on Public Procurement

as amended August 29, 1997

Chapter l.

General Provisions

Art. 1.

This Act determines the principles, forms and procedures for conducting public
procurements, the appropriate organs of government in matters related to public
procurement, and procedures for reviewing protests and appeals filed during the course of
procurement proceedings?

Art. 2.

Terms used in this Act have th e following respective meanings:

1) “construction” – means any construction work within the meaning of the Act of July 7,
1994 -“Building Code”(Dz.U. nr 89, pos.414 of 1996 with further amendments);

2) “delivery” – means all stages of the process of procuring ra w materials, products,
equipment and other goods deliver ed to the procuring entity;

3) “services” – means all work that is ne ither the delivery of goods nor construction;

4) “public procurement”(hereinafter also referred to as “procurement”) – means the
procuring of construction, the delivery of goods and the performing of services, financed
fully or partially with public funds;

5) “procuring entity”6 – means any entity conducting public procurements under this Act;

6) “domestic suppliers and contractors” – means natural persons residing in Poland

, and legal persons and entities established unde r Polish law without legal personality that
have their site in Poland .

7) “public funds” – means the following sources of funds:

a) funds from the state budget or the budgets of self-governme nt units that are allocated
for ordinary activity and capital investment activity;

b) funds as defined in the Budgetary Act as extra budgetary funds excluding the funds
donated by natural or legal pe rsons, which are not obliged to apply this act;

c) funds guaranteed, secured or for which the co st of the credit is co-financed by the State
Treasury, the local self-governments or a union of self governments .

d) funds granted as foreign aid under inte rnational agreements, unless the agreement
requires different procedures for using the funds.

e) direct municipal funds,

f) funds coming from the license fees or fees for using not registered radio and tv sets,
which are defined in the act of December 29, 1992 on Radio and Television (Dz.U. nr 7,
pos. 34, of 1993),

8) “best offer” – means the offer or tender with the lowest price that is exactly the same
quality of the subject matter s ought in the procurement proceeding, or an offer or tender
with the best balance of pri ce, life-cycle costs, completi on or delivery time, or other
criteria specified in the relevant provisions describing the procurement,

9) “the value of a procurement”- means th e value of the procurement estimated with
sufficient care by the procuri ng entity – not including VAT.

10) “domestic products and raw materials”- means the goods originating from Poland,
within the terms stated in the Act of January 9, 1997 “Cus tom Law”(Dz.U. nr 23, pos.117
of 1997)

11) “dependent units”- means organizati onal units in which state or municipal
organizational units posses:

a) not less than 50% of share, or

b) the majority of votes on the ge neral meeting of shareholders, or

c) the right to appoint or dismiss not less than a half of the members of the management
or supervisory body of a dependant unit.

Art. 3

l. This Act applies to procurements fo r delivering goods, performing services and
construction, financed in whole or in part with public funds.

2. The procuring entity may not divide the proc urement into parts or lower the value of a
procurement in order to avoid th e application of this Act or to avoid the application of the
procedures for public procurements as set forth in this Act.

3. If the public procurement will be financed with a participation of the foreign funds
provided within the meaning of a international agreement, which foresees other than this
act procedures of imparting the procurements, the procuring entity will apply the
procedures stated in that agreement.

4. The Chairman of the Office of Public Procurement with the agreement of the Minister
of Finance may , on the procuring entity request, allow not to apply this act in case of a
procurement financed by the internationa l funds granted on the other basis than
international agreement, if granting this f unds depends on applying other procedures than
stated in this act.

Art. 4

l. This Act applies to public procurements issued by:

1) state units and support services created by the state budgetary units;

2) funds established by state earmarks;

3) self- government units and self-government seyms,

4) crossed;

5) co-operatives, foundations and associations to the extent that they dispose of public
funds,

6) executing tasks in public domain:

a) state organizational unit,

b) municipal organizational units

c) dependant units;

7) state agencies within the sc ope not regulated by other law,

8) units of public radio and television;

2. The Council of Ministers shall, by ordinanc e, define the specific principles for
conducting public procurements related to the protection of national security, the
protection of state secrets, th e state of natural disaster:

3. The Council of Ministers may, by ordinance, designate other entities that dispose of
public funds which will be governed by this Act.

Art. 5.

1. If a number of units of government administration need the same subject matter of a
procurement, the Council of Ministers may assign a particular administrative unit to
perform the procurement proceeding and c onduct one joint procurement on behalf of
those units.

2. If the subject of a procurement is within a scope of interest of many of the municipal
units, the management board of the municipa lity may indicate municipal organizational
unit to conduct the procurement proceedings and to gain a common procurement in the
name of the other units.

3. The powers to conduct such a common procurement referred to in para. 1 and 2, may
be granted for a specific procurement or a specific period of time.

Art. 6

This Act does not apply to:

1) budget funds for scientific research which ar e at the disposal of The Chairman of The
State Committee of Scientific Research”

2) principles and procedures for subsidies from Public funds, if these subsidies are
designated under another Act.

3) contracts granted to:

a. general services administra tions of procuring entities) and budgetary units for services
for regular and ordinary activit ies of the procuring entity;

b. enterprises subject to the Ministry of Justice which ope rate at penitentiaries and
detention centers;

4)public funds granted as a subsidy. as defined in the Budgetary Act, and destined for
agricultural projects with exception of funds granted for investment projects.

Art.6a.

The Civil Code applies (concerning the provision s stated in other rules) to the activities
undertaken in the subject of public procurem ent by the procuring entities, suppliers and
contractors.

Art. 7.

The Office of Public Procurement is hereby established, hereinafter referred to as
“Office” ~°

Art. 8.

l. The Chairman of the Office is hereby established as the central organ of state
administration on all matters of public procurem ent, according to the provisions of this
Act 21

2. The Chairman of the Office shall be appoi nted and dismissed by the Prime Minister. 3.
The Chairman of the Office shal l be under the Prime Minister.

Art. 9.

1. The scope of activities of the Chairman of the Office includes:

1) approving, as provided in Art. 14, subpa ragraph 3, the selection of a procedure for
conducting a public procurement other than the unlimited tendering procedure;

2) establishing and maintaining the list of arbiters to review the appeals filed in
procurement proceedings, and publicizing the lis t of arbiters in the Bulletin of Public
Procurement;

3) presenting an annual report to the Council of Ministers concerning the functioning of
the public procurement system;

4) preparing drafts of Acts and regu lations concerning public procurement;

5) disseminating, in coordination with appropriate Ministries, the general conditions and
forms of contracts for public procurements, the rules and standard procedures for
conducting procurements;

6) collecting information about procurement planning, signed contracts, and performance
of public procurements;

7) preparing training programs, and conduc ting and encouraging training concerning
public procurements.

8) cooperating with foreign entities on matte rs associated with public procurements,

9) issuing a Bulletin of Public Procurements.

2. The Chairman of the Office may also:

1 ) motion the Council of Ministers in matters of joint public procurements, as described
in Art. 5 para.1;

2) require the procuring en tities to provide information about conducting public
procurement proceedings and performing public procurements as well as disclosing the
documentation of public procurements,

3) notify the appropriate body in case of an infringement of this act.

Art. 10

l. The Council of the Office is the adviso ry body to the Chairman of the Office.

2. The members of the Council of the Office are appointed and dismissed by the Prime
Minister upon the motion of the Chairman of the Office.

Art. 11 revoked

Art. 12

The organization of the Office shall be sp ecified in a charter issued by the Prime
Minister.

Chapter 3.

Principles of Conducting Public Procurements

Art.12a

Public procurement may be imparted to the supp lier or contractor, elected within the rules
of this act.

Art. 13

Public procurements shall be conducted acco rding to the following procedures: 1)
unlimited tendering, 2) limited tendering,

3) two-stage tendering,

4) negotiations-with-retaining-competition

5) request-for-quotations ,

6) single-source procurement.

Art.14.

1. The principle rules of conducting public procurement is unlimited tendering.

2. The procuring entity may conduct public procurement applying other procedures than
unlimited tendering only in the circumstances specified in this act.

3. Applying other procedures than unlimited tendering to the procurements which value
exceeds 200 000 ECU, must be confirmed by the Chairman of the Office, concerning the
art.71 para 1a.

Art.14a.

1. Advertisements about public procurements foreseen in this act are published in the
Bulletin of Public Procurement issued by the Chairman of the Office.

2, The advertisements referred to in para.1, ar e published not later than 10 days after
delivering them to the Office.

3. If the advertisement does not fulfill the requi rements stated in this act, the Chairman of
the Office refuses to place such a advertisement.

4. The publishing in the Bulletin is free of charge.]

5. The Chairman of the Office may, by agreement, allow other unit of public
administration to edit and to publish a regional issue of Bulletin of Public Procurement.

6. The President of the Council of Ministers, in the way of resolution:

1) qualifies the specimens of the advertis ements referred to in para.1. and additional
informations, which has to be contained in the advertisements.

2) may establish the regiona l issues of the Bulletin,

3) may qualify specific terms and conditions of publishing the advertisements in the
Bulletin of Public Procurements.

Art.14b.

The procuring entity is obliged to deliver advertisements to be published in the Official
Journal of the European Communities concer ning the proceedings of conducting public
procurement within the scope and conditions specified by the resolution of the Council of
Ministers.

Art.15.

l. In public procurements valued less than 30,000 ECU and in public procurements
financed with less than 30,000 ECU in public funds, unlimited tendering procedures are
not obligatory and the following requirements of this Act shall not apply: the
requirements related to publication of a nnouncements in the Bulletin of Public
Procurement, written procedures, official records of proceedings, specification of
essential provision of the procurement, time periods and deadlines, tender security, and
protests and appeals 2′

2.In the public procurement, in which public financing will amount up to the value of
3000 ECU domestic preferences and art. 19 and art.22-24does not apply, taking account
on art.18 para.5,

3. The Council of Ministers may, by ordinance, determine before September 30 of every
year, the obligatory from January 1 of the co ming year threshold limits in which the law
foresees applying specific rules.

Art. 16.

The procuring entity is obligated to treat al l competitors for a procurement equally and to
conduct the procurement proceeding in a manner that ensures fair competition 2′

Art.17.

l. The subject matter of the procurement should be described using technical
characteristics and quality features observing Polish Standards or classifications issued
within the act of June 29, 1995 on State’s Statistics and regarding the building works –
project documents and technical specificat ions concerning the completing and accepting
of such works.

2. It is prohibited to describe the subject ma tter and conditions of a procurement in a way
that could hinder fair competition.

3. Qualifying the subject of the procuremen t by indicating the trade marks, patents or
originality does not constitute any difficulty of fair competition.

1) if for the technology, economic or organizatio nal reasons it is necessary to maintain

the standards of the facilities possessed by the procuring ent ity, and the procuring entity
allows to submit equal offers,

2) if such a obligation arises from other rules.

Art. 18.

l. Domestic as well as foreign suppliers and contractors shall be able to participate in
procurement proceedings on an equal basis ac cording to the provisions of this Act.

2. If the value of the procurement does not exceed the amount referenced in Art. 15,
paragraph 1, the procuring entity may limit participation in a procurement proceeding
solely to domestic suppliers or contractors, and foreign suppliers or contractors that have
a branch or representative office in Poland .

3. If the subject matter of the procurement is comprised of services or construction on the
territory of Poland, the procuring entity may re quest that the entire work covered by the
procurement be performed with domestic entities, raw materials and products.

4. When applying national preferences in a procurement proceeding, the procuring entity
shall inform the suppliers and contractors a bout the national preference when it starts the
procurement procedure. The declaration rega rding the national preference cannot be
changed thereafter.

5. All obligations described in the internat ional agreements signed by the Republic of
Poland shall be considered in applying national preferences.

6. The Council of Ministers sh all, by ordinance, specify:

1 ) the range and the procedures for applyi ng national preferences in public procurement
proceedings, including the preferences re ferenced in paragraphs 2 and 3;

2) the categories of deliveries, services, and construction that must be procured under
national preference procedures;

3) the specific principles when the Chairman of the Office can approve the application of
national preferences and when the Chairman can waive the application of national
preferences.

Art.19.

l. The following entities are excluded from competing for public procurements:33

1 ) suppliers or contractors that failed in the diligent performance or failed to perform of a
public procurement contract within the last three years before the commencement of the
public procurement proceeding;

2) suppliers or contractors who are in a bankruptcy proceeding or who have been
declared bankrupt;

3) suppliers or contractors who are in arrears with paying taxes, social insurance fees and
other fees, unless they obtained according to the provisions of law an agreement allowing
them not to pay such taxes, to suspend the payment or to pay installments.

4) natural persons who have been validly sentenced for a crime committed in connection
with a procurement proceeding, or any other crime committed to gain financial profit;

5) legal persons, who currently employ an officer or officers that have been validly
sentenced for a crime committed in connection with a procurement proceeding, or other
crime committed to gain financial profit.

2. Commencement of a proceeding for crimes referenced in paragraph 1, subparagraphs 4
and 5, may be a basis for exclusion from par ticipation in public procurement proceedings
35

Art. 20

A person can not represent the procuring entity , perform other activities connected to a
procurement proceeding, or be an expert to a procurement proceeding if:

1) such person is in a marital relationship, is di rectly related to, is in direct or indirect
kinship to the second degree, or is related by adoption, guardia nship or tutelage with the
offeror, with its legal counsel, or with its officers;

2) such person, during the last three years, worked for the offeror as an employee or a
contractor or has been an officer of a legal person competing for the procurement;

3) such person is in such a legal or factua l relationship with a supplier or contractor
competing for the procurement as to give cau se to justify doubts regarding his or her
objectivity .

Art. 21

l. Unless otherwise specified in this Act, all statements and notifications made by the
procuring entities and suppliers or contractors are effective only in written form.

2. If, in the course of the procurement pro ceeding, the parties communicate in other than
written form, the content of this communicati on shall be promptly confirmed in writing.

Art. 22

l. To protect the intellectual property rights and trade secrets of suppliers and contractors,
the procuring entity may require from supplie rs and contractors only documents essential
to perform the procurement proceeding 38

2. To participate in a public procurement pr oceeding every supplier or contractor has to
declare that:

1) it has the legal capacity to en ter into legal transactions according to legal requirements;

2) it has satisfied the legal requirements essential to perform the defined work or
activities, if these legal requireme nts are established by an Act ;

3) it possesses the knowledge, experience, fi nancial resources, technical competence,
personnel and all necessa ry capacity to perform the procurement;

4) it is in a financial situation to en sure performance of the procurement;

5) it is not excluded from the procurement proceeding under the provisions of Art. 19.

3. In a public procurement proceeding with a va lue less than the value referenced in Art.

15, paragraph 1, the procuring entity may require the suppliers or contractors to confirm
that they satisfy the conditions referenced in paragraph 2 39

4. In a public procurement proceeding with a value more than the value referenced in Art.
15; paragraph l, the procuring entity shall requi re the suppliers or contractors to confirm
that they satisfy the conditions referenced in paragraph 2

5. In a public procurement proceeding with a value more than the value referenced in Art.
15; paragraph l, the procuring entity shall re quire the declaration that they are not in
dependence or dominant relation, as prescrib ed in the Act of March 22, 1991 – The Act
on Public Trading in Securities and Trus t Funds (Dz. U.~No. 58, Item 239, 1994), with
other participants of the pro ceeding or with the procuring en tity or with people of the
procuring entity taking part in the proceeding.

6. The suppliers and contractors are obliged to submit a declaration referred to in para.5,
within the period specified by the procuring en tity. A summon should contain the list of
the participants of the proceeding and other persons taking part in the procurement on the
part of the procuring entity.

7. The procuring entity excludes from the proceedings the participants of the proceeding,
which did not submit a declaration in a specified period of time.

8. The requirements concerning the documents and declarations referred to in para.2-5
above are qualified equally for all of the suppliers or contractors.

9. The Council of Ministers, will qualify by resolution, the type of documents which a
procuring entity may require from the supplier or the contractor to confirm the conditions
referred to in para.2.

Art. 23

1. Before announcing organization of a tendering or before inviting participation in a
public procurement proceeding, the procur ing entity may conduct prequalification

of suppliers and contractors according to the conditions set forth in Art. 22, paragraph 2
4′

2. Not later than one month before publicizing the announcement of the tendering or
before sending invitations to participat e in a tendering, the information about
prequalification shall be publishe d in the Bulletin of Public Procurement or shall be sent
to the suppliers or contractors if participation in the procurement proceeding is by
invitation.

3. The information about pre qualification shall include:

1) name and address of procuring entity;

2) quantity, amount and category of deliverie s to be procured, and the category, range
and location in construction procurements;

3) desired or required time period and d eadline for performing the procurement;

4) definitions of conditions required from suppliers and contractors,

5) instructions for obtaining the documents fo r prequalification referenced in paragraph 4,
below;

6) place and deadline for submitting motions for prequalification.

4. The procuring entity shall dispatch immediately, but not later than 14 days before the
deadline for submitting motions for prequalification, to all interested suppliers or
contractors, the documents for prequalification that include the data defined in paragraph
3, above, plus:

1) instructions for preparing motions for prequalification;

2) description of criteria and evaluation methods to satisf y the conditions required of
suppliers and contractors;

3) information about documents which must be submitted by suppliers and contractors to
confirm that they satisfied the required conditions;

4) names, positions and means for communicat ing with the employees of the procuring
entity that are authorized to communicate di rectly with suppliers and contractors.

5. The procuring entity shall qualify suppliers and contractors for further participation in
a proceeding only on the basis of the condi tions defined in the prequalification
documents.

6. Under a prequalification proceeding, only th e suppliers and contractors that were
prequalified are admitted to further part icipation in the public procurement.

7. The procuring entity shall notify immediatel y every supplier or contractor about the
results of the prequalification. The list of suppliers or contractors admitted to further
proceedings shall be public.

Art.24

1. Criteria to evaluate satisf ying the conditions required of suppliers and contractors can
not be changed in the course of a particular proceeding. This rule also applies to cases
when the procuring entity conducts prequalification procedures.

2. Suppliers or contractors are obligated to prove that they satisfied the required
conditions within the time period and deadlines determined by the procuring entity.

3. In proceedings without prequalification, an offeror shall not be excluded from the
proceeding if the offeror commits to present the requisite documents.

4. The procuring entity must exclude a suppl ier or contractor from the procurement
proceeding if the procuring entity determin es that any information material to the
procurement process that was submitted by the su pplier or contractor is false. The Act on
Public Procurement with Explanatory Notes

Art. 25

l. During a public procurement proceeding, the procuring entity shall prepare an official
record of the procurement proceeding s that shall contain the following:

1) a description of the subject matter of the procurement;

2) the name of the person or the name of the firm, and the addresses of the suppliers and
contractors competing for the procurement c ontract; 3) the information about satisfying
the conditions required of s uppliers and contractors competing for the procurement
contract;

4) the price and other essential terms of each offer, tender or proposal ;

5) a summary of the evaluation and comparison of all submitted offers, tenders or
proposals;

6) if all offers, tenders or proposals are reject ed, the justification for rejecting the offers,
tenders or proposals; 7) if the parties faile d to sign a contract after concluding the
proceeding, other than a unlimited tenderi ng proceeding, a statement indicating the
reasons the agreement failed;

8) if tendering was limited to certain supplie rs and contractors, the reasons for this
limiting;

9) the reasons the procuring entity used a procurement procedure other than unlimited
tendering;

10) the reasons for conducting prequalifica tion of suppliers and contractors;

11 ) the justification for using national preferences;

12) the information about protests and appeals filed and how they were resolved;

13) the information concerning a suspension of the proceedings;

14) the information on hiring experts;

15) the identification of the selected o ffer and the justification for selection.

2. With the exception of Art. 27, subparagraph 1, the official record is public, but the
parts of the official record defined in paragraph 1, subparagraphs 3 to 7 and subparagraph
14 may be disclosed only to suppliers or c ontractors who competed for the procurement
contract and only after selecting the offer or after finishing the proceeding if an offer is
not selected.

3. The President of the Council of Minist ers may, by special order, establish:

1 ) the model of the official record of the public procurement proceeding,

2) additional requirements of the official record for the public procurement proceedings.

4. The procuring entity which imparts a procurement for the building works, delivers to
the Minister of Internal Affairs and Administration price informations and a copy of a
best offer.

5. The Minister of Internal Affairs and Ad ministration qualifies, by resolution specific
rules and a scope of delivering info rmations referred to in para. 4.

Art. 26

l. In the public procurement proceedings refere nced in Art. 15, paragraph 1, the procuring
entity is obligated to document the basic ac tivities related to the proceeding, including the
information defined in Art. 25, paragraph 1, subparagraphs 1, 2, 4, 5, 9 and 15 4S

2. After the proceeding is completed, the documen ts of the basic activities referenced in
paragraph 1, above, shall be open to supplie rs and contractors who competed in the
procurement.

Art.26a.

The procuring entity is obliged to keep all of the submitted offers safe within a period of
3 years from imparting the procurement.

Art. 27

The procuring entity shall not disclose:

1) information, if its disclosure would be c ontrary to important state interest or the
important commercial interest of the parties, or to the principles of fair competitiom46 ,

2) information connected with the proce ss of examining, evaluating, or comparing
submitted offers, tenders or proposals, excep t information in the official record.

Art.27a.

The procuring entity is obliged to refuse an offer if:

1) the offer is contrary to the law or to the important specification of conditions of a
procurement.

2) oferror did no submit required declarations or did not fulfill the requirements foreseen
by law or did no fulfill the specifications of important conditions of a procurement or
other conditions stated in the invitation to submit offers, or in particularly has not paid the
tender security,

3) its submitting will be regarded as an act of unfair competition,

4) is not valid on the grounds of other rules of law.

Art.27b.

1. The proceeding to conduct a public procurement is invalidated if:

1) in the proceeding conducted in other proc edure than single-source tendering, less than
two tenders not refusable were submitted.

2) the price of a best offer is higher than amount designated by the procuring entity for
the procurement.

3) there is an important change of ci rcumstances, which means that conducting a
proceeding is no longer in a public inte rest, and was not earlier foreseeable.

4) the procuring entity did not fulfill the obl igation to place an advertisement in the
Bulletin Of Public Procurement or defined the object of the procurement contrary to the
principles stated in the law or the proceeding has a fault which unable to enter into a valid
contract.

2. The procuring entity notifies the suppliers and contractors concerned about
invalidating the proceeding. The informa tion should contain a factual and legal
justification.

Art.27c.

If the oferror, who’s offer has been chosen, introduced unreal informations, shirks to enter
into a contract or does not pay the tender s ecurity, the procuring entity chooses from
among other offers an offer which gained a highest number of points, unless only two
offers were submitted or the period re ferred to in art.40 para. 1 lapsed.

Chapter 4.

Unlimited Tendering and Limited Tendering

Art. 28

l. Tendering is organized by the procuring en tity to select the best offer for performing
public procurements.

2. In unlimited tendering, tenders may be submitted by all suppliers and contractors who
want to participate, with the exception of Art. 23.

3. In limited tendering, tenders may be submitted only by those suppliers and contractors
invited by the procuring entity.

Art. 29

l. A procuring entity shall invite participation in an unlimited tendering by posting the
announcement in a public place at its site a nd by publishing, through the Chairman of the
Office, an announcement in the Bulletin of Public Procurement 48

doesn’t satisfy the requirements of this Act.

2. crossed

3. The procuring entity may announce the un limited tendering in a news publication.
However, this announcement shall not be disp atched to the media before publication in
the Bulletin of Public Procurement .

Art.30.

The announcement of an unlimited tendering shall contain at minimum:

1) the name and the address of the procuring entity,

2) the quantity, amount and category of deliver ies to be procured, or services to be
supplied, or the category, range and location of construction,

3) the desired or required time period and deadline for performing the public
procurement,

4) the information about conditions requi red of suppliers or contractors,

5) a statement of the applicability of national preferences,

6) the instructions for obtaining the documents specifying the essential provisions of the
procurement and the price, if any, for these documents,

7) the place, the time period and the deadline for the submission of tenders,

8) the place and the deadline for opening tenders.

Art. 31

revoked

Art. 32

The procuring entity may organize a limited tendering when:

1) the specialized character of the procur ement limits the number of suppliers or
contractors who can perform th e particular procurement,

2) the costs of an unlimited tendering are substantially out of proportion as compared to
the value of the procurement.

Art. 33

l. In the circumstances described in Art. 32, subparagraph 1, the procuring entity shall
issue an invitation to submit interest in the tendering to all known suppliers and
contractors.

2. In the circumstances in Art.32, subpara. 2, th e procuring entity shall issue an invitation
to submit interest in the tendering to a su fficient number, but not less than four, of
suppliers or contractors to ensure the selec tion of the best offer, to ensure competition
and to ensure efficiency of th e public procurement proceeding.

3. An invitation to submit interest in particip ating in a tendering should contain at least
information determined in Art.30, subpara. 1 through 5.

4. The time period allowed by the procuring entity for submitting interest in participating
in a tendering cannot be shor ter than 3 weeks from the date of sending the invitation.

5. If the value of the procurement is higher than the amount referenced in Art.15, para.2,
the invitation to submit interest in the tendering shall be announced in the Bulletin of
Public Procurement not later than two weeks before the deadline established in para.4.

6. After termination of the time period referre d to in para. 4, the procuring entity shall
invite the suppliers and contractors who submitte d interest in participating in a tendering
proceeding, to submit their tenders but not less than :

a)two – in the case referred to in art.32 point 1,

b) four – in case referred to in art.32 point 2.

Art. 34

1. The procuring entity shall send the formal documents specifying the essential
provisions of the procurement to the suppliers or contractors not later than within one
week after the request for sending the formal documents was submitted.

2. In a limited tendering proceeding, the formal documents containing the specifications
shall accompany the invitation to participate in the tendering.

3. If prequalification proceedings we re conducted, documents containing the
specifications shall be sent to ever y selected supplier or contractor.

4. The price that the procuring entity may charge for the documents specifying the
essential provisions of the procurement shall cover only the cost of printing and sending
the documents.

5.In justified cases and on a motion of the pr ocuring entity, the Chairman of the Office
may agree to establish shorter deadlines than those indicated in paragraph 2.

Art.35.

The specifications of the essential provisions of the procurement should contain:
the instructions for preparing tenders;
the criteria and the evaluating methods to sa tisfy conditions required of suppliers and
contractors;
the information about the documents requi red from suppliers and contractors to
demonstrate the required qualifications;
the description of the subject matter of the procurement(in cluding if necessary, plans,
drawings and designs), as well as a list of all additional services to be provided under a
contract;
the desired or required deadlin e for performing a contract;
the description of all the criteria, other than price, which the procuring entity will use in
selecting the successful tender, includ ing the weight of this criteria;
all provisions essential for the procuring en tity that will be embodied in the written
contract;
if tenders for only a portion of the procurement are permitted, a description of the
respective portions for which tenders may be submitted;
a description of how to calculate the price of a tender;
in international tendering, the informations concerning the currencies which the
procuring entity and the supplier or contra ctor shall use to settle accounts;
all requirements, especially the quotation of the amount, for the tender security and for
the security for the full perf ormance of the contract;
a description of the place, the time pe riod and the deadline for the tenders;

description of the procedures for providing clarifications of the specifications of the
essential provisions of the procurement and a statement as to whether the procuring entity
intends to convene meeting of suppliers or contractors;
the deadline for which a supplier or contract or shall be bound by the submitted tender:
a definite description of the place and the time for opening tenders;
the procedure for opening and examining render;
the names and the positions of the employees of the procuring entity who are authorized
to communicate directly with the suppliers and contractors and the procedures for
conducting communication;
all future duties that the supplier or contra ctor commits to in the public procurement
contracts;
instructions about the protest and appeal rights of suppliers and contractors in the course
of procurement proceedings;
the information concerning all formalities th at should be satisfied before signing the
contract once the tender bas been accepted;
the general conditions of the contract and m odel contract if the procuring entity requires
an offeror to sign a contract that applies any of these provisions.
2.For construction procurements, the procuring entity must possess documentation
describing subject matter of the tenderi ng and the investors cost estimate.

2a. The investors estimate contain a base to assess the value of a tender for building
works.

3.The Minister of Internal Affairs and Ad ministration shall, by ordinance, define:

the methods and basis for preparing the investor’s cost estimate,
the norms of material outlays from estimate, the individual prices of building works, the
prices of the factors of production for the purposes of investor’s costs estimating.
4. The Council of Ministers may, by special orde r, determine the model of the documents
for specifying the essential provisions of the procurement and additional information
which shall be included in th ese documents for particular categories of procurements.

Art. 36

l. A supplier or contractor may request a clar ification of the specification of the essential
provisions of the procurement from the procuring entity. The procuring entity shall
immediately, by special order, clarify such request, unless such request was submitted to
the procuring entity later than six days before the date of opening the tenders.

2. At the same time, the procuring entity sh all, without identifying the source of the
request, communicate the clarification to al l suppliers or contractors to which the
procuring entity has provided the essen tial provisions of the procurement.

3. In especially justified circumstances, the procuring entity may modify the contents of
the documents specifying the essential prov isions of the procurement by issuing an

addendum at any time prior to the deadline for submission of tenders. The addendum
shall be communicated promptly to all supplie rs or contractors and shall be binding on
those suppliers or contractors.

4. If the procuring entity conve nes a meeting of suppliers or contractors to clarify any
doubts concerning the specification of the essent ial provisions of the procurement, it shall
prepare an official record of the clarifica tion requests submitted at the meeting and its
responses to those requests, without identifying the sources of the requests. The official
record shall be communicated promptly to all suppliers or contractors to which the
procuring entity has provided the specifications.

Art. 37

l. All the tenders shall be pr epared in the Polish language, in a written form, otherwise
will remain not valid.

2. In especially justified circumstances, th e Chairman of the Office may agree to the
preparation of the tender in a language commonly used in international trade.

3. Every oferror is allowed to submit only one tender.

Art. 38

l. A tender submitted after the deadline has passed shall be returned without opening.

2. The deadline set by the procuring entity fo r submission of tenders shall not be shorter
than:

1 ) in an unlimited tendering – 6 w eeks after announcing the tendering;

2) in a limited tendering – 4 weeks after the date of sendi ng the invitation for tenders,

3.The procuring entity may set the deadline for submission of tenders shorter than stated
in point 2, but not shorter than 3 weeks, if:

setting the date referred to in point 2 woul d make impossible to conduct and complete a
procurement in a current budgetary year,
setting the date referred to in point 2 would cause a seri ous detriment,
previously conducted tendering in this case did not succeed in a contract.
The subject of a procurement are deliveri es, services or building works which are
publicly available in a usual standards of quality.
4. In a tendering for public procurement, of the value exceeding 50 000 ECU, the
shortage of the deadline is possible in circ umstances defined in point 3, with the consent
of the Chairman of the Office.

Art.39.

1. The procuring entity shall extend the deadline in order to allow the suppliers and
contractors to consider the clarifications or modifications of the specification of essential
provisions of the procurement in their prepared tenders .

2. If a supplier or contractor is not able to submit a tender in the assigned time due to
circumstances beyond its control, a proc uring entity may extend the deadline for
submitting tenders upon motion of th e supplier or contractor.

3. The extension of the deadline for submission of tenders is permitted only before the
original deadline has passed.

4. The procuring entity shall give prompt notice of any extension of the deadline to each
supplier or contractor to which the procur ing entity provided the specification of the
essential provisions of the procurement.

Art. 40

1. The entity submitting a tender shall re main bound by the tender during the time
specified in the specification of the essential provisions of the procurement, no longer,
however, than 45 days. This period of tim e shall commence at the deadline for the
submission of tenders .

2. Prior to expiration of the period that the submitted tenders are binding, the procuring
entity may request suppliers or contractors to extend the period for an additional specified
period of time.

3. Refusing to accept the request of the proc uring entity shall not forfeit the tender
security (.

4. Suppliers or contractors that agree to an extension of the period that their submitted
tenders are binding shall be required to ex tend the period of effectiveness of tender
security it provided, or if this is not possible, to provide a new tender security to cover the
extended period that th e tender is binding.

5. A modification or withdraw of a tender by a supplier or contractor prior to the deadline
for submission of tenders shall be effective.

Art. 41

l. Asupplier or contractor submitting tenders is obligated to provide a tender security
within the range of 1 – 5% of the value of the subject matter of procurement in
accordance with the value determ ined for the procurement and the principles specified in
the specification of the essential provisions of the procurement.

2. The tender security may be provided in cash, treasury bonds, bank warranties
,insurance warranties, pledges on the securi ties issued or guaranteed by the State’s
Treasury and with permission of the proc uring entity, in stocks accepted for public
dealings, or in bills of exchange.

2a) The tender security provided in cash, the procuring entity has to deposit on a bank
account.

3. In cases where the cost of organizing the te ndering are not significant, the Chairman of
the Office, upon the motion of the procuring entity, may agree to renounce the duty to
submit a tender security by suppliers or contractors entering the tendering.

Art. 42

1. The procuring entity shall return the tender security if:

1) the lapse of the deadline set forth in Art. 40, paragraph 1;

2)the contract has been reached and the requi red security for the full performance of the
contract has been submitted;

3)the procuring entity has voided the contract.

2. The procuring entity is obliged to return the tender security within three days upon
contractor’s or supplier’ s written request, who:

1)withdraw the tender before the deadline for submitting tenders,

2)who’s tender was recognized invalid, and th e supplier or contractor has not lodge a
protest.

3. If the tender security was provided in cash, the procuring entity restitutes it with
interest arising from the contract of bank account, on which the security was deposited.
The amount is reduced of the amount of costs of having an account and a costs of money
transfer to the oferror’s account.

4. The offeror whose offer was selected shall forfeit its tender security to the procuring
entity only if:

1) the offeror refuses to sign the agreement under the conditions defined in its tender,

2) the offeror refuses to provide the required security for full performance of the contract.

3)reaching a agreement is impossible because of the oferror’s fault.

4)The oferror has provided in a tender false informations.

Art. 43

l. The tenders shall be opened at the place and the time specified in the announcement of
the tendering.

2. The oferrors may be present at the opening of the tenders .

3. The name and address of each offeror whose tender is opened, as well as the price of
each tender shall be announced immediately to those persons present at the opening of
the tenders and recorded immediately in the o fficial record of the tendering proceeding.

4. The information referred to in paragraph 3 shall be communicated upon request to the
oferrors who have not been presen t at the opening of tenders .

Art. 44

l. During the course of evaluating the subm itted tenders, the procuring entity may require
a supplier or a contractor to clarify its tender.

2. No changes in the content of the tender, especially a change in price, and no
negotiations between the procuring entity and the offeror concerning the submitted tender
shall be permitted.

3. The procuring entity shall correct obvious errors on the face of a tender and
immediately inform the offe ror about the correction.

Art. 45 revoked

Art. 46 revoked

Art. 47

The oferrors shall have no claims against the procuring entity for its rejection of tenders.

Art. 48

Only the principles and criteria set fort h in the invitation for tendering or in the
specification of the essential provisions of the procurement shall apply in the selection of
a tender.
Council of Ministers may qualify, by resoluti on, specific principles of establishing
criteria’s of assessing and el ecting the tenders in the proceedings of public procurement.

Art. 49

Having considered the national preferences, if such preferences apply, the best offer shall
be selected.

Art. 50

l. The procuring entity shall give prompt notice of the result of the tendering to the other
ferrous, identifying the name and the seat of the successful offeror and the price of its
tender.

2. An announcement with the information refe renced in paragraph 1 shall be posted
promptly in a public place at the site of the procuring entity and shall be send to the
participants of the proceeding.

3. If the announcement of tendering was publishe d in the Bulletin of Public Procurement,
the announcement referenced in paragraph 2 shall be announced in the Bulletin.

4. The Chairman of the Office, by special order, shall define:

a) the form for the announcement of the selection of an offer,

b) additional information that must be contained in this announcement.

Art. 51

l. If the procuring entity selects a tender pursuant to the provisions of this Act, it is
obligated to sign a contract within a time peri od not less than seven days from the day of
the announcement referenced in Art. 50, paragr aph 2, but not later than by the time the
tender becomes binding, unless there are circumst ances set forth in art.27b para. 1 point
5.

2. Notice of acceptance of a tender defining th e deadline for executing the contract shall
be delivered promptly to the selected offeror.

Art. 52 revoked

Chapter 5.

Two-Stage Tendering

Art. 53

In a two-stage tendering, the suppliers or contractors submit initial offers in the first stage
without specifying the price. The procuring enti ty may request suppliers or contractors to
define the parameters of the subject matter of the procurement. The second stage is a
limited tendering for selected ferrous and may be preceded by negotiations between the
procuring entity and ferrous.

Art. 54

Two-stage tendering shall be used when one of the following circumstances occurs:

1) it is not possible to determine in advance the specific technical characteristics and
quality features of the deliveries, serv ices or construction being procured;

2) negotiations with suppliers or contractors are necessary because of the special nature
of the deliveries, services or construction;

3) the subject matter of the procurement is research, experiment, preparation of a
scientific opinion or performan ce of other specialized services,

4) the subject of the procurement is designing and completing building works.

Art.55.

The provisions following provisions shall appl y to two-stage tendering:art.35 para. 1,
art.36, art.37, art.38 excluding pa ra 2 point 2, art. 39-42, art.44 para 1, and art.47 – 51.

Art. 56

1. The announcement about the organization of a two-stage tendering shall contain at a
minimum:

1) the name and the address of the procuring entity;

2) a description of the subj ect matter of the procurement, including technical and other
parameters, and in the case of construction procurements, the location and the type of
construction;

3) the description of the criteria that the procuring entity will apply in selecting the offer
and the importance of this criteria;

4) the time period, deadline and pla ce to submit the initial offers.

2. In the specification of the essential provisions of procurement, the procuring entity
may request suppliers or contractors to defi ne the method and the time of performance,
the technical parameters, the quality and othe r characteristic features of deliveries,
services or construction.

Art. 57

1. The deadline for submitting initial offers cannot be shorter than six weeks after
publication of the announcement a bout a two-stage tendering.

2. In justified cases and on motion of the procuring entity, the Chairman of the Office
may agree to a shorter deadline than the one indicated in paragraph 1.

Art. 58

The procuring entity may negotiate with each supplier or contractor the content of a
submitted offer, keeping confidential th e content of conducted negotiations.

Art. 59

After submission of initial offers, the proc uring entity may modify the technical and
quality requirements set forth in the speci fication of the essential provisions of the
procurement, as well as modify the criteria for evaluating the offers.

Art. 60

In the invitation to submit final offers, the procuring entity shall inform suppliers or
contractors about any modificat ions made in the specification of the essential provisions
of the procurement.

Art. 61

For the second stage of the tendering, the procur ing entity selects suppliers or contractors
whose tenders satisfy the requirements of the initial specification, inviting them to submit
their final offers with price. The place, time period and deadline for submission of final
offers shall be specifi ed in the invitation.

Art. 62

Suppliers and contractors sha ll provide tender security when entering the second stage of
the tendering.

Chapter 6.

Other Public Procurement Procedures

Art. 63

Negotiations-with-retaining-competition is a public procurement procedure in which the
procuring entity negotiates the provisions of a procurement contract with a sufficient
number of suppliers or contractors to ensure competition, but not less than two.

Art. 64

l. Negotiations-with-retaining-competition may be used when one of the following
circumstances occurs:

1)crossed;

2) there is an urgent need for the procurem ent and the urgency was not the fault of the
procuring entity and could not have been foreseen;

3) the required number of valid tenders is not submitted in a proceeding or all tenders are
rejected and there is reason to assume that subsequent tendering will not lead to signing a
contract.

Art. 65

l. In negotiations-with-retaining-competition, the procuring entity sends invitations for
negotiations to not less than two ferrous. If the value of the procurement exceeds the
amount of 200 000 ECU, the procuring enti ty places an advertisement about the
invitation in the Bulletin of Public Procurements.

2. The negotiations-with-retaining-competition can be precluded by sending to the
suppliers or contractors an invitation to submit preliminary tenders.

Art. 66

l. All requirements, clarifications and inform ation, as well as documents associated with
the negotiations, shall be provided to suppliers or contractors equally.

2. The conducted negotiations shall be confidential. Neither party may disclose, without
the consent of the other part y, technical or trade informa tion that is related in the
negotiations.

3. After all negotiations are completed, the procuring entity requests all participants to
submit their final offer, including pri ce, and selects the best offer.

4. The provisions of art.30, art. 37, art. 47-51 and art.59 apply to negotiations-with-
retaining-competition.

Art. 67

Request-for-quotations is a public procuremen t procedure in which the procuring entity
addresses a request for quotations for read ily available goods or services to such a
number, but not less than four, of suppliers or contractors to ensure selection of the best
offer and to ensure competition and an efficient proceeding.

Art.68.

1. Request-for-quotations may be used when a procurement is for deliveries of readily

Available goods or for services w ith established quality standards.

2. Request-for-quotations, which value exceed s the amount set forth in art..15 para.1,
should contain:

specification of the subject of the procurement, in particular with all the additional
services which has to be completed within the scope of the contract.
informations about the documents which has to be delivered by suppliers or contractors
for the purposes of confirming required conditions,
specification of the date of completing the contract,
description of the parts of the procurement if the pa rtial tenders are allowed,
description of the place and tim e of submitting of tenders,
the amount of the security for the full performance of the contract
3.If the value of the procurement exceeds the amount of 200 000 ECU, the procuring
entity pronounces the information about the request-for-quotations in the Bulletin of
Public Procurement.

Art.69.

l. Each of the suppliers or contractors ma y propose only one price and can not change it.
No negotiation of price shall be conducted.

2. The procuring entity signs a public procurement contract with the supplier or
contractor that submitted the lowest price.

3. If it is not possible to chos e the best tender because all of the tenders have the same
price, the procuring entity asks the ferrous to submit additional tenders.

4.If the value of the procurement exceeds 20 000 ECU, the procuring entity notifies the
other ferrous about elected ofe rror, indicating his name, place of business and a price.

5. If the information about the request-for- quotations has been published in the Bulletin
for Public Procurement, the notification refe rred to in para.4 must be published in that
Bulletin.

Art. 70

Single-source procurement is a public proc urement procedure in which the procuring
entity signs a procurement cont ract after negotiating with only one supplier or contractor.

Art. 71

l. The procuring entity may issue an order for a procurement by a single-source procedure
only when one of the following circumstances occurs:

1) it undertakes some additional orders, not exceeding 20% of the value of the previous
procurement, and it is necessary to retain the same norms, parameters and standards;

2) it signs a contract for research, experiment, or preparati on of a scientific opinion; 3)
the specific type of deliveries, services or construction are available only from a
particular supplier or contractor;

4) it conducts a public procurement for creative project works or for creative activity in
the area of arts and culture;

5) only one supplier or contractor can be used because a legally permitted national
preference is applied;

6) particular economic or social circumstances that could not have been foreseen by the
procuring entity necessitates the immedi ate performance of the procurement;

7) the value of the procurement does not ex ceed the equivalent of 1000 ECU or the share
of public funds in the financing of the pr ocurement does not exceed the equivalent of
3000 ECU.

1a. If the value of the procurement exceeds 20 00 ECU, conducting request-for-
quotations requires the consent of the Chairman of the Office.

2. The Council of Ministers shall, by ordinance, define the scope of project works and the
procedures for conducting competition for works, as described in paragraph 1, subpara. 4.

3.The public procurement for designing services and for creating in the field of art. and
culture which value exceeds 100 00 ECU is conducted by single-source pro
curement
preceded by the competition concerning para.2.

Chapter 7.

Public Procurement Contracts

Art. 72

1.The provisions of the Civil Code and Civil Procedure Code shall be applied to public
procurement contracts when this Act does not state otherwise.

2. The contract concerning public procurem ent is void, if during the proceeding for
public procurement the provisions stated in th is act or ordinances implementing this act
were infringed and if such infringement infl uenced the result of the proceeding for public
procurement. In particular the contr act is void, if the procuring entity:

1) has not fulfill the obligation to publish an advertisement in a Bulletin for Public
Procurement,

2) conducted the procurement without required administrative decision,

3) has elected a tender with a serious infringement of Law,

4) entered into a contract without a required consent, before the lodged protest has been
examined.

3. The contract for procurement is void in the part exceeding the subject of the
procurement specified in the sp ecification of important conditions of the procurement or
in invitation.

4. In cases set forth in para. 2 and 3 the Ch airman of the Office may ask the court to
adjudge the part or a full contract void.

Art. 73

Public procurement contracts can not be signed for not specified period of time.

Entering into a contract for a period longer than 3 years requires a consent of the
Chairman of the Office.

Art. 74

Public procurement contracts, of the value exceeding 3000 ECU shall be in written form
under pain of invalidity, but not when special provisions of law require another special
form.

Art. 75

1.The procuring entity may request from a s upplier or contractor a security for full
performance of the contract.

2.The security for full performance of the contract may be provided in cash, State’s
securities, treasury bonds, bank warranties, insurance warran ties, pledges on securities
issued or guaranteed by State’s Treasury and with permission of the procuring entity, in
stocks accepted for dealings, in deposit certificates payable to the bearer, in bills of
exchange and guarantees made by physical pers ons or legal persons. The security cannot
be higher than double the value of fines reserved upon the contract or higher than 10% of
the value of the procurement.

2a. If the security for full performance of th e contract was provided in cash, the procuring
entity gives it back with the interest arising from the cont ract of bank account, reduced by
the bank fees ant the fee for the money transfer to the contractor’s or supplier’s account.

3.The Council of Ministers shall, by ordinanc e, establish the threshold value of the
procurement, which requires th e security for full performance of the contract, the amount
of the security and the c onditions of it’s restitution.

Art. 76

1.It shall be prohibited to change any elemen t of a signed contract and to introduce new
elements into a signed contract, when the m odification would change the content of the
offer that was the basis for selecting the offeror and would increase the cost for the

procuring entity, unless the necessity of introducing a change based on this circumstance
could not have been foreseen at the moment of signing the contract.

2. A change done in violation of paragraph 1 is invalid.

3. The Chairman of the Office may motion to a court to state the invalidity of a
modification, referenced in paragraph 1.

Art.77

If an essential change of circumstances arises that was impossible to foresee at the time
of signing the contract and makes the performance of the contract contrary to the public
interest, the procuring entity may terminate the contact within one month from the date of
learning about the circumstances. When a contra ct is terminated in these circumstances,
the supplier or contractor is entitled to require only paymen t for the partial performance
of the contract.

Art.78. revoked

Chapter 8.

Protests and Appeals

Art.79

1.Suppliers and contractors whos e legal interest have been infringed by a violation by the
procuring entity of the principles of public pr ocurement described in this act are entitled
to review of its complaints according to th e procedures described in this Chapter.

2. The following shall not be subject to review proceedings:

the selection of a procedure for a public procurement proceeding,
the application of a national preference,
the rejection of all tenders.

Art.80.

Against the activities undertaken during the course of a public procurement proceeding,
the supplier or contractor may submit a wri tten protest with reasons to the procuring
entity:”

Art. 81.

1. In the event that a protest is filed, the pr ocuring entity is prohibited from signing the
public procurement contract until th e protest is finally resolved.

2. In the circumstances referenced in Art. 64, paragraph 1, subparagraph 2, the Chairman
of the Office may permit the signing of the cont ract before final resolution of protest.

3. Lodging a protest breaks the motion of the period of being bound by the tender.

Art. 82

1. A protest may be filed within seven days from the day when the supplier or contractor
has learned or could have learned of the circumstances giving ground for its filing.

2. Filing of a protest is admissible only before the signing of the public procurement
contract.

3. The procuring entity shall reject a protest filed after that date.

Art. 83

1.The procuring entity shall promptly inform the suppliers and contractors participating
in the particular proceeding a bout the filing of a protest.

2. The suppliers and contractors participati ng in the public procurement proceeding who
join the protest proceeding within three days from the time of receiving the notice
referenced in paragraph 1 also shall be deem ed participants of the protest proceeding.

3. A supplier or contractor who did not join the protest proceeding can not thereafter file
a protest citing the same circumstances.

Art. 84

l. The procuring entity shall review the protest within seven days from the date of filing.

2. In the decision justifying resolution of the protest, the procuring entity shall list the
reasons for the decision and shall provide instru ctions about how to file an appeal and the
time period for filing.

3. In cases where the protest is upheld, th e procuring entity shall redo the protested
activity.

4. Failing to review the protest within the assigned time period shall be deemed a
dismissal of the protest.

5. About repeating the activity the procuring entity is oblig ed to inform all of the
suppliers and contractors.

Art. 85

l. After filing the protest, the procuring entity shall suspend the procurement proceeding
until the time the protest is reviewed but no longer than seven days, unless:

1 ) the protest is obviously unjustified;

2) the procuring entity or other supplier or contractor might sustain disproportionately
greater damage in relation to that which threatens the person filing the protest;

3) the suspension of the proceeding is against an important public interest.

2. A decision suspending the procurement proceeding can not be appealed.

Art. 86

l. Upon resolution or rejection of the protest or in case of failure to resolve the protest in
due time, the interested supplier o~ contractor may file an appeal.

2. An appeal may be filed with the Chairman of the Office, with simultaneous notice to
the procuring entity, within three days from the day of delivering the decision resolving
the protest or within seven days from th e deadline for reviewing the protest.

3. Lodging an appeal in polish Post Office is equal to lodging it on the hands of the
Chairman of the Office.

Art. 86a.

An appeal is charged with a fee. The amount of the fee can not exceed the costs of the
proceeding.
The Council of Ministers qualifies, by ordina nce, the conditions and a amount of the fee.
Art. 87

The Acts of the conciliatory courts established in the Civil Procedure Code shall be
applied to appeal pro ceedings if this Act doe s not state otherwise.

Art. 88

1.The appeals shall be reviewed by a panel of three arbiters selected from the list of
arbiters maintained by the Chairman of the Office. One of the arbiters shall be selected by
the supplier or contractor who has filed the a ppeal; one shall be selected by the procuring
entity; and, one shall be selected by the Chairman of the Office.

2. An arbiter while examining an appeal perf orms it’s function with extraordinary care
and impartially; he is neither a representative of any of the party of the arbitration nor the
Chairman of the Office.

3. Arbiter is protected under the Law, foreseen for the public officers.

4. In the circumstances not allowing an arbite r to fulfill his obligations, the Chairman of
the Office asks the party of th e arbitration to indicate, in a specific period of time, the
other arbiter, but if it is de signated arbiter , the Chairman of the Office designates other
arbiter.

Art. 89

l. Simultaneously with filing the appeal, the supp lier or contractor shall select an arbiter.

2. After the appeal has been filed, the Chairman of the Office shall promptly request the
procuring entity to select its ar biter within three days of the date of receiving his request.

3. If the participants of the appeal proceeding fail to select an arbiter within the
prescribed time, the arbiter shall be selected by the Chairman.

4. Among the selected arbiters, the Chairman shall appoint the chairman of the panel of
arbiters.

5. A decision to exclude an arbiter from an appeal proceeding shall be resolved by the
Chairman of the Office 82

Art.89a.

Appellant can withdraw the appeal.
In case of withdraw, an appe llant is obliged to receive half of the appeal fee.
Art. 90

l. The panel of arbiters sha ll review the appeal within 14 days from the day the appeal
was delivered.

2. When reviewing appeals, the panel of arbiters shall uphold or reject the appeal and
shall assess the cost of the appeal proceeding.

3. When upholding the appeal, the panel of arbiters can order the procuring entity to do or
redo an action, or declare an action inva lid except the action of signing the public
procurement contract;

Art. 91

The participants of the proceeding shall cove r the costs of the proceeding according to the
outcome of the proceeding.

Art.91a.

The participants of the arbitration have a ri ght to lodge an action to a public court on the
basis stated in Code of Civil Procedure. An action can be lodged within two weeks for
the date of the delivery of the arbiter’s judgment.

Art. 92

l. The Chairman of the Office shall, by special order, determine:

1) the procedure of appeal proceedings,

2) the conditions for admission to and dismissal from the list of arbiters,

3) the fee for arbiters .

2.The Chairman of the Office shall admit to the list of arbiters persons selected among
candidates submitted by:

1)Chairman of the Office;

2)Ministers, managers of central offices and voivods;

3)State-wide territorial self-government organizations and regional court chambers;

4)Professional associations, economical self-governments and other economical self-
governmental organizations.

Chapter 9

Temporary and Final provisions,

and Changes in Existing Provisions

Art. 93

In the Act of October 7, 1992, on regional account chambers (Dz. U. No. 85, item 428)
the following changes are made:

Art. 1 paragraph 1 shall read: “1. Regional a ccount chambers, hereinafter referred to as
“chambers” are hereby called for the purpose of controlling the finances and public
procurements (in a range determined by special order of the Chairman of the Office of
Public Procurement) of the self-governme nts, unions of self-governments, other
communal legal persons and local se lf-governmental legislatures”,
in Art. 13: a) in subparagraph 4 after the words: “… for the f t half of a year” the
following words shall be added: “and about conducted public procurements’, b) in
subparagraph 5 after the word s: “… assigned m the self-governments”, the following
words shall be added: “and information about performing public procurements”,
Art. 21 paragraph 2 shall read: “2. Regardi ng the negative opinions issued in matters
described in Art. 13 subparagraphs 4 and 5, the chamber shall inform the proper voivod
as well as the Minister of Finance and the Chairman of the Office of Public
Procurement:’.
Art. 94

In the Act of January 5, 1991 – Budgetary Act (Dz. U. 1993, No. 72, Item 344) the
following changes are made:

in Art. 42:
a) paragraph 1, subparagraph 5 is deleted,

b) paragraph 3 is deleted,

Art. 57, paragraph 1, subparagraph 14 shall read : “14) to contravene the rules, forms and
procedures for conducting public procurements determined by the Act of June 10, 1994
on Public Procurement (Dz. U. No. 76. Item 344 and No. 130, Item 645):’
Art. 95

The previous provisions shall apply to public procurement proceedings that commence
before the day of entry into force of this Act.

Art. 96

From January 1 to December 31, 1995 , the ru ling body of the territorial self government
entities may state that the public procur ements funded from their own funds are
conducted according to the provisions of this Act. This statement can not be revoked.

Art. 97

l. This Act becomes effective on January 1, 1995, except that:

the provisions of Art. 7-12, and Art. 92 beco me effective upon the date of promulgation,
the provision of Art. 4, paragraph 1, subparagraph 3 in th e part referring to public
procurements funded by their own funds and th e provisions of Art. 31 become effective
on January 1, 1996.
President of the Republic of Poland: L. Wa³êsa

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