Public Procurement in Poland 6 years after accession to the European Union Introduction to Public Procurement in Poland; Structure

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Public Procurement in Poland 6 years after
accession to the European Union Introduction to
Public Procurement in Poland Structure role of
PPO
Warsaw, 13 July 2010
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Presentation scheme

• Public Procurement Market short presentation
• Public Procurement Law short intro
• Presentation of main players in the field of pp
  administration
• - Public Procurement Office regulatory and
  monitoring body
• - National Appeal Chamber review body

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Public Procurement Market in 2004year of
accession to the EU

• Value market ca. 38,5 bln PLN approximately
  8,5 bln EURO
• 31,000 contract notices published in Polish
  Public Procurement Bulletin (publication
  obligatory as of 60,000 Euro)
• 7,000 contract notices published in OJ (8 of all
  contract notices, 64 of contract notices
  published by New Member States), publication
  mandatory as of May 1, 2004
• Above the EU thresholds double publication
  Bulletin OJ

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Polish Public Procurement Market 2009

• 2009 value of market app. 126, 7 billion PLN
  (28,07 billion Euro), increase 16 as compared
  with 2008 - est. based on the annual reports on
  awarded contracts, submitted by awarding
  entities,
• 9,4 of 2009 GDP of Poland
• Number of awarding entities which returned
  annual reports ca. 13000 (only those which
  awarded at least one contract valued 14,000 EUR)
  exact number difficult to assess

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Polish Public Procurement Market 2009 ctd

• 14,248 pp notices published in the OJ (9 of all
  notices, 47 of notices published by new MS)
• 149,000 contract notices published in Polish
  Public Procurement Bulletin (publication of
  contracts below the EU thresholds)
• 48 public works, 22 supplies, 30 services
  (as per value of contracts)

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Public Procurement Law short introduction

• First PPL 1994 many times amended - step by
  step approximation to EU rules
• Second PPL, which is currently in force, adopted
  on 29 January 2004, entered into force shortly
  before accession
• Translation available on the website of PPO
  (consolidated text)

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Public Procurement Law short intro

• Provides for procedures and requirements based on
  2004/17 and 2004/18 directive (scope and
  coverage, exemptions, procedures, requirements,
  time limits based on EU law)
• Review measures (procedures) and remedies
  compliant with Remedies directive 2007/66
• Pending implementation of 2009/81 directive
  (defence directive)

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Public Procurement Law evolution since 2004

• 2004 PPL based on old generation of EU
  directives on public procurement (92/50, 93/36,
  93/37 and 93/38), in force as of March 2, 2004
• 2006 implementation of 2004 directives (Public
  Sector Directive and Utilities Directive)
• implementation of new tools and techniques
  competitive dialogue,
• e auctions,
• dynamic purchasing systems
• 2007 reform of the system of legal protection
  establishment of new, permanent, independent
  review body National Appeals Chamber but also
• Raising bottom threshold for application of PPL
  from 6,000 to 14,000 Euro, changes concerning
  publication of notices (up to the EU thresholds
  awarding entities place notices themselves on the
  website of PPO

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Public Procurement Law evolution since 2004

• 2008 amendment
• - aligning procurement provisions to EU law due
  to reservations raised by the European Commission
  ambiguities
• - reducing the formalities concerning
  competitive and transparent tender procedures
• - enhancing control mechanisms over non
  competitive procedures
• - improving and accelerating public procurement
  procedures,
• - widening of scope of legal protection in the
  field of public procurement
• - Extention of standstill period

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Public Procurement Law evolution since 2004

• 2009 two amendments
• changes in legal provisions were introduced by
  the so-called Small Amendment (published in
  Journal of Laws of 2009 No. 206, item 1591) and
  subsequently by the so-called Big Amendment
  (published in Journal of Laws of 2009 No. 223,
  item 1778).
• Strengthening of competition in public
  procurement new rules on qualification of
  suppliers (conditions to be satisfied and means
  of proving they are met)
• Implementation of Remedies Directive standstill
  period, derogations, time periods for appeals,
  ineffectiveness of contracts, procedure before
  NAC

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President of Public Procurement Office

• President of PPO - a central government body
  competent for matters concerning public
  contracts
• President of PPO appointed and dismissed by the
  Prime Minister
• Appointment from among persons selected in open
  and competitive recruitment procedure not
  applied so far in accordance with new provisions,
  
• Supported by Public Procurement Office
• Public Procurement Council - advisory and
  consultative body

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President of PPO

• is a central government body competent for
  matters concerning public contracts, defined by
  PPL
• PPO office supporting activities of President
  of PPO
• a separate body within public administration
  created 1995
• Staff of PPO 135 working in 7 org units
  internal auditor
• www.uzp.gov.pl

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PPO management

• the President
• the Vice Presidents (2)
• the Director General

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PPO Structure organizational units

• Legal Department
• Ad hoc Control Department
• Department of Control for Contracts co-financed
  from EU funds
• European Union and International Cooperation
  Department

• Information, Education and System Analyses
  Department
• Appeals Department
• Organisational and Financial Bureau
• Independent Position for Internal Audit

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PPO main tasks

• Legislation preparing drafts and opinions on
  drafts concerning public procurement
• Advice legal opinions on the application of pp
  rules
• Dissemination of information on bidding
  opportunities Public Procurement Bulletin
• International co-operation

• Audit assessing compliance of pp procedures with
  the law
• Training to inspire training programs and
  events, publication of training materials
• Reporting collecting statistics and analyses of
  functioning of pp system

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National Appeals Chamber composition and role

• NAC established in November 2007 replacing panels
  of arbitrators who were responsible for review of
  appeals on the basis of previously binding
  provisions.
• The bodies of National Appeals Chamber are
• Chairman,
• Vice-chairman and
• General Assembly composed of the members NAC
• Composition 38 members

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National Appeal Chamber

• Under Article 172 PPL
• National Appeal Chamber independent review
  body in the meaning of EU review directives
• competent for the examination of the appeals
  lodged in contract award procedures
• legally distinctive from PPO but in financial
  and administrative matters serviced by PPO

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Website of the PPO

• www.uzp.gov.pl/en

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