Documents in Procurements Procedures

Law firm in Poland with legal advice in public tender cases in Poland.

Basically, contracting authority in Poland may request from the bidders only the submission of documents and declarations that are essential for the realization of the procurement procedure. The contracting authority is obliged to request documents confirming the fulfilment of conditions for participation in the procurement procedure if the value of the public contract is equal to or exceeds the European Threshold Amounts.

On the other hand, such obligation does not apply if the value of the public contract is less than the European Threshold Amounts. In such case, the contracting authority may demand the corresponding documents, but is not obliged hereto.

Conditions for participation in the procurement procedure

The Polish Public Procurement Law provides that only an economic operator may participate in a procurement procedure who is able to fulfill the following conditions concerning:

  • the possession of a particular authorization, if such an authorisation is required by the law,
  • the necessary knowledge and experience,
  • the appropriate technical ability and personnel capable of performing a public contract,
  • the economic and financial standing.

Documents which the contracting authority may require from the economic operator

The relevant Regulation of the Prime Minister of 19th February 2013 determine, in particular, the following documents and references, which the contracting authority may require from the economic operator and on the basis of which the contracting authority can examine, whether the economic operator fulfills the conditions for participation in the procurement procedure:

  • a list of the works carried out over the past five years before the expiry of the time-limit for receipt of tenders or requests to participate in a procurement procedure, accompanied by information concerning the type and value as well as date and place of the execution of works enclosing certificates of satisfactory execution for the most important works,
  • a list of the main supplies or the main services provided in the past three years, before the expiry of the time-limit for receipt of tenders or requests to participate in a procurement procedure, accompanied by information concerning the sums, dates and recipients, enclosing certificates confirming that the supplies or services were duly provided,
  • a declaration confirming that persons who will take part in the contract performance have all the required qualifications, if such qualifications are required by the law,
  • the financial reports for a period of the last 3 financial years,
  • information from the bank where the economic operator holds an bank account concerning creditworthiness of the economic operator, issued not earlier than 3 months before the expiry of the time-limit for receipt of tenders or requests to participate in a procurement procedure,
  • a paid civil liability insurance policy within the scope of the business activity of the economic operator.

Evidences of foreign bidders

The Polish Procurement Law and its relevant Regulation of the Prime Minister stipulate the following with regard to the participation of foreign bidders – instead of the documents relating to the registration in a Polish register or confirmation that a bidder is not in arrears with the payment of taxes and social insurance contributions to the competent Polish authorities, the foreign bidder shall submit documents issued in his country of residence confirming that:

  • no insolvency proceedings were opened with regard to the bidder’s assets,
  • in his country of residence, the bidder is not in arrears with the payment of taxes and social security contributions,
  • no ban of public procurement was issued against him.

Bidders with registered office in other countries of Europe, in particular, are obliged to submit as follows:

  • excerpt from the Commercial Register, not older than 6 months, (at the expiry of the time-limit for receipt of tenders or requests to participate in a procurement procedure),
  • a corresponding certificate of the locally competent tax office, as well as certificates of competent health insurance company, not older than three months (at the expiry of the time-limit for receipt of tenders or requests to participate in a procurement procedure).

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