warsaw, 13 july 2010

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

Urząd Zamówień Publicznych, ul. Postępu 17 A , 02-676 Warszawa

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

Urząd Zamówień Publicznych, ul. Postępu 17 A , 02-676 Warszawa 3

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


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)


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)


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)


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



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”



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



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


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


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 NACComposition: 38 members



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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THANK YOU FOR YOUR ATTENTION

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warsaw, 13 july 2010

Documents

assessurzd zamwie publicznych

contract notices

public works

pp notices

value of market

euvalue market

eu rulessecond ppl

eu thresholds48