Public procurement requirements will apply to contracts for over PLN 126,747 net
An amendment to the Public Procurement Law will increase the threshold for application of the public procurement regime. Contracts and contests worth no more than EUR 30,000 will be exempt from procurement procedures.

High fees for review of National Appeal Chamber rulings are constitutional
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.

Guidelines for amendment of the Public Procurement Law
Proposed changes to the Public Procurement Law are designed to cut the red tape in filing offers in public tenders, but prices will be subject to closer scrutiny.

Public procurement-EU thresholds raised!
The European Union’s threshold for announcement of public works contracts awarded by all contracting authorities has been raised from EUR 4,845,000 to EUR 5,000,000. The thresholds for contracts for goods and services have also increased.

When to supplement bid documents in a public procurement proceeding?
The Public Procurement Law allows the contracting authority to summon a bidder to supplement its bid documentation. The law does not prohibit a bidder from doing so on its own initiative, but is that a good idea?

What information may be protected in a procurement bid as a trade secret?
An offer filed by a bidder in a public procurement procedure may contain information that constitutes a trade secret, which as an exception to the rule of transparency may not be disclosed to other bidders or third parties.

Statements or certificates in public procurement?
Whether a foreign bidder in a Polish tender must submit certificates issued by the public authorities abroad, or merely submit a declaration, depends on the scope of certificates that are issued in the other country.

New rules for exclusion of bidders for public contracts
The Act dated 25 February 2011 amending the Public Procurement Law awaits signing into law by the President of Poland. The act will introduce new grounds for mandatory exclusion of a bidder from a public procurement procedure.

When to provide a performance bond, and for how long?
Contractors in public procurement who submit a performance bond in the form of a bank guarantee may not be sure when it needs to be provided to the contracting authority or what the duration of the guarantee should be.

Construction contracts based on FIDIC standards
Construction contracts, including those used in public procurement projects, are often based on FIDIC terms, which are international, universal and commonly applied.

Filling orders for Christmas presents via dynamic purchasing system
Legislative solutions included in public procurement law smooth the way for Santa Claus to perform all contract obligations before children awake.

State Treasury's liability for violation of EU regulations
A beneficiary of EU Structural Funds that violates procedures and has to repay the funding because of a failure by Polish state authorities to implement EU regulations properly may seek damages from the State Treasury.
