Legal protection in procurement procedures in Poland

 
law office in Warsaw (Poland) represents its clients in public procurement cases in Poland.

Following the cancellation of the protest to the contracting authority, the bidder can only appeal to the National Appeal Chamber and may complain to the Court against the Chamber’s ruling.

 
 

The legal remedies described above are at disposal of the economic operator (bidder), the participants of a design contest or other legal entity, if they have or had an interest in the awarding of a public procurement contract and have or might have suffered damages due to the violations of the Public Procurement Act by the contracting authority.

Appeal

The use of the appealing procedure is allowed solely against acts of the contracting authority, which had been undertaken by the contracting authority during the procedure for the awarding of a public procurement contract in breach of the rules of the Polish Public Procurement Law or omission of actions, which had to be undertaken by the contracting authority under the provisions of the Polish Public Procurement Act.

If the value of the public contract is less than the European Threshold Amounts, it is possible to appeal solely against the following acts:

  • against the choice of a negotiated procedure without publication of notice, a single-source procurement procedure or the request for quotations procedure,
  • against the description of the method used by the contracting authority for the evaluation of the fulfilment of conditions for participation in the contract award procedure,
  • against the exclusion of a bidder, who placed an appeal, from the contract award procedure,
  • against the rejection of tender of a bidder, who placed an appeal.

The appeal shall be made in writing to the Chairman of the National Appeal Chamber. Furthermore, the appealing bidder is obliged to provide the contracting authorities with a copy of the appeal before the expiry of the deadline for the submission of this legal remedy, so that the contracting authority is given the opportunity to take note of the content of the appeal before the expiry of the appealing deadline.

If the contract amount exceeds the European Threshold Amounts, the deadline for the submission of the appeal is in particular 10 or 15 days – beginning with the sending of information on contracting authority’s actions constituting the subject of the appeal – depending on the type of transmission (5 or 10 days if the contract value does not exceed the European Threshold Amounts).

Court fees in the appeal procedure (Registration fee)

contract award procedure concerning supplies or services
  • where the value of the public contract is less than the European Threshold Amounts: 7,500,00 PLN (about 1,800,00 €)
  • where the value of the public contract is equal to or exceeds the European Threshold Amounts: 15,000,00 PLN (about 3,800,00 €)
contract award procedure concerning works
  • where the value of the public contract is less than the European Threshold Amounts: 10,000,00 PLN (about 2,500,00 €)
  • where the value of the public contract is equal to or exceeds the European Threshold Amounts: 20,000,00 PLN (about 5,000,00 €)

Complaint to the court

The parties of the appeal procedure may complain against the decision of the National Appeal Chamber to the regional court, which is locally competent for the seat of the contracting authority.

The complaint is to be filled through the mediation of the Chairman of the National Appeal Chamber within a period of 7 days from the date of notification of the National Appeal Chamber.

The Court shall examine the complaint within one month from the day, on which the court received the complaint.

Court fees in the court procedure

contract award procedure concerning supplies or services
  • where the value of the public contract is less than the European Threshold Amounts: 37,500,00 PLN (about 9,400,00 €)
  • where the value of the public contract is equal to or exceeds the European Threshold Amounts: 75,000,00 PLN (about 19,000,00 €)
contract award procedure concerning works
  • where the value of the public contract is less than the European Threshold Amounts: 50,000,00 PLN (about 12,500,00 €)
  • where the value of the public contract is equal to or exceeds the European Threshold Amounts: 100,000,00 PLN (about 20,000,00 €)

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