As per Public Procurement Law in Poland, there are 8 procedures for awarding public contracts:
- Open tendering (przetarg nieograniczony)
- Restricted tendering (przetarg ograniczony)
- Negotiated procedure with publication (negocjacje z ogłoszeniem)
- Negotiated procedure without publication (negocacje bez ogłoszenia)
- Single source procurement (zamówienie z wolnej ręki)
- Competitive dialogue (dialog konkurencyjny)
- Request for quotation (zapytanie o cenę)
- Electronic auction (aukcja elektroniczna)
In all these procedures we can distinguish 3 phases: pre-qualification, the submission of a tender proposal and the selection of the best proposal.
A foreigner submitting documents must follow rules set out in the Prime minister’ ordinance on types of documents that can be requested from a foreign contractor. As per this ordinance, contractors residing or registered outside of Poland can be asked to submit documents confirming that:
- They have not initiated any liquidation proceeding and have not been declared bankrupt
- They have not unfulfilled obligation concerning taxes and/or social contribution
- They have not been prohibited from competing in public tenders.
Any person whose legal interest in obtaining the public contract has or might have been prejudiced has the right to appeal to “Krajowa Izba Odwoławcza” (National Chamber of Appeals) and subsequently to submit the claim to the court.
Submitting an appeal to the National Chamber of Appeals results in so called “standstill” period during which the public procurement agreement cannot be executed. Submitting a claim to the court does not result in the “standstill” period what means that the public procurement agreement can be executed.
Our lawyers provide complex legal assistance for entities participating in public procurement proceedings. We can assist you during the preparation of documents, lodging protests, appeals and complaints in the public procurement proceeding.