Application of Public Procurement Law

The Polish Public Procurement Law applies to public contracts where the value is equal to or exceeds the amount of 30,000,00 € (expressed in Polish Zloty), awarded by units of the public finance sector, in particular:

• by government authorities (e.g. Ministries and supreme administrative authorities),
• by local self-government units,
• by ordinary courts,
• by entities of the Public Health Service (hospitals and medical care service centres).

Furthermore the provisions of the Public Procurement Law in Poland are applicable to public contracts awarded by legal persons established by local self-government units for the specific purpose of meeting needs in the general interest, not having industrial or commercial character (e.g. a municipal company for public transport of passengers), if the local self-government unit

• finances the public project for the most part (more than 50%), or
• has more than half of shares or stocks of the company, or
• supervises the management board of the company, or
• has the right to appoint more than half of the members of the supervisory board or management board.

Threshold amounts for public contracts in Poland

The Regulation of the Prime Minister of 23rd December 2013 provides the following threshold amounts for public contracts and specifies the obligation for contracting authorities to send the notice of a procurement procedure to the Publications Office of the European Union.

The notices shall be sent to the Publications Office of the European Union, if the value of the contract is equal to or exceeds the amount of 134,000,00 € for supplies or services contracts (expressed in Polish Zloty) and the amount of 5,186,000,00 € for works contracts (expressed in Polish Zloty), as well as the public contract is awarded by contracting authorities of the public finance sector, excluding in particular public universities and local self-government units.

In case of contracts awarded by other contracting authorities than mentioned before the notices shall be submitted to the Publications Office of the European Union, if the value of the contract is equal to or exceeds the amount of 207,000,00 € for supplies or services contracts (expressed in Polish Zloty) and the amount of 5,186,000,00 € for works contracts (expressed in Polish Zloty).

The threshold amounts concerning utilities contracts, that means contracts in the water, energy, transport and postal service sectors) as well as defense contracts are 414,000,00 € for supplies or services contracts (expressed in Polish Zloty) as well as 5,186,000,00 € for works contracts (expressed in Polish Zloty).