{"id":4146,"date":"2022-01-01T12:35:37","date_gmt":"2022-01-01T12:35:37","guid":{"rendered":"https:\/\/millercanfield.pl\/?p=4146"},"modified":"2025-04-14T18:03:51","modified_gmt":"2025-04-14T18:03:51","slug":"key-changes-to-public-procurement-law","status":"publish","type":"post","link":"https:\/\/millercanfield.pl\/en\/key-changes-to-public-procurement-law\/","title":{"rendered":"KEY CHANGES TO PUBLIC PROCUREMENT LAW"},"content":{"rendered":"\t\t
\n\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

On 1 January 2021, the Public Procurement Law of 11 September 2019, a completely new set of regulations
replacing the previous law of 29 January 2004, came into force. It contains a number of significant changes
that have transformed the nature of public procurement and are worth addressing.<\/p>

The most important change in the new Public Procurement Law is the addition of the basic procedure to the list of procedures for awarding contracts with a value below the EU thresholds. The basic procedure replaces such tendering procedures as open tendering and selective tendering, negotiated procedure with prior publication, competitive dialogue, price inquiry,
and electronic auction. The basic procedure is divided into three types of procedures: without negotiations, with optional negotiations, and negotiated.<\/p>

The basic procedure without negotiations is similar to open tendering. It can be used when the contracting authority\u2019s needs can be described in detail at the early stage of initiating the procedure, and there is no need to conduct further negotiations. Under the procedure, the contracting authority is required to draw up the Terms of Reference (\u201cTerms of Reference\u201d). The basic procedure with optional negotiations allows for negotiations of the bids submitted, but only if the contracting authority has provided for such an option. Here, the contracting authority is also required to prepare the Terms of Reference, and the negotiations may not include any items that are not part of the Terms of Reference.<\/p>

The third procedure, i.e. the basic negotiated procedure, differs from the previous two above all in that the Terms of Reference are drawn up only after the negotiations. In turn, the negotiations are conducted at the invitation of the contracting authority and are
preceded by a description of needs and requirements (but not Terms of Reference) being prepared by the contracting authority.<\/p>

There have also been changes to the appeal procedure. As from 1 January 2021, the regulations regarding the parties\u2019 attorneys have changed. An advocate or legal advisor, an employee of the company, a person managing its assets, and an entity
contracted by the party (if the scope of such contract includes the subject-matter of the case) may act as an attorney. The limitation on the scope of the appeal has also been eliminated. Under the new law, an appeal may be lodged with regard to any component of public procurement process.<\/p>

Some aspects of the complaints procedure have also changed. The main one is the change to the court competent to hear complaints. Prior to 1 January 2021, this was the regional court with jurisdiction over the contracting authority\u2019s seat or place of residence. Under the new regulations, the venue has been integrated, and now all the complaints are heard by the Regional Court in Warsaw. The deadline for filing a complaint has been extended, and under the new law it is 14 days from the ruling service date. Another equally important change in the complaint procedure is making the final appeal with the Supreme Court available to a greater number of entities. Under the new regulations, not only the President of the Public Procurement Office but also a party is entitled to lodge such an appeal. The last\u00a0 difference between the old and the new regime is the rate of the complaint fee. The previous fivefold amount of the appeal fee has been replaced with a threefold amount.<\/p>

Thus, as becomes evident, changes to the Public Procurement Law are quite extensive, while this paper addresses only a few of them. The legislators undoubtedly seek to make the public procurement procedure as simple and accessible as possible, as evidenced by the reduction in the number of procedures for awarding public contracts, reduction in the rate of the complaint fee, and the extension of the deadline for filing complaints. This is seems to be a good overall direction of modifications, and the new regulations are most likely to meet with the approval of both contracting authorities and contractors.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t\t\t
\n\n\t\t\t\n\t\t\t\t\t\t\u00a9 Miller, Canfield, W. Babicki, A. Che\u0142chowski i Wsp\u00f3lnicy Sp. k.<\/span>\n\t\t\t\n\t\t\t\t\t\t