Tenders, negotiation and contracts in civil

engineering
Public Procurement Law -
introduction

Renata Kozik, Assistance Prof. PhD Eng

 Main regulations

• The Public Procurement Law of 11 September 2019 (Journal of Laws item 2019 as amended)

• consolidated text – Journal of Laws of 2021, item 1129)

• Directive 2014/24/EU on public procurement, and

• Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal
services sectors.

National law takes precedence over other regulations, e.g. FIDIC contract templates or others

www.uzp.gov.pl
 The aim of public procurement law

• The system of public procurement law in particular shall make sure that public funds are spent
in the most efficient manner and the services, supplies and works commissioned meet the
quality requirements.

• On the other side, the system of public procurement law shall safeguard equal chances for
bidders and fair competition between them.

• Within the European Union, that means also equal access for bidders from other member
states.

• The EU directives on public procurement, whose core principles are transparency, open competition,
and sound procedural management, cover tenders that are expected to be worth more than a given
threshold. They are designed to achieve a procurement market that is competitive, open, and well
regulated – essential to put public funds to good use..
 The scope of the Act
The Act regulates public contracts, hereinafter referred to as ‘contracts’, and design contests,
including:
1) entities obliged to apply the provisions of the Act;
2) the scope of exclusions from the application of the provisions of the Act;
3) principles of award of contracts;
4) stages of the preparation and conduct of contract award procedure;
5) types of award of contracts and specific instruments and procedures in the scope of
contracts;
6) requirements for public contracts and framework agreements
7) the authorities competent in matters of contracts;
8) remedies;
9) alternative channels for dispute resolution relating to the contract performance; 10) control
of the award of contracts and financial penalties.
a public contract

a public contract – shall mean a contract for pecuniary interest concluded

between a contracting body and an economic operator, having as its subject-matter
a purchase by the contracting body of works, supplies or services from the selected
economic operator;

This definition indicates the substantive scope of the act: works, supplies or services
A public procurement contract must be for pecuniary interest, not a donation
 Types of Contracts Subject to Procurement Regulation

For regular contracts, the Public Procurement Law (including the rules for the award
of contracts) applies if the value of the contract exceeds PLN 130 000 net.

The provisions of the Act shall apply to the award of:

• classic procurement and organisation of competitions, the value of which equals or exceeds PLN 130,000, by awarding authorities;

• sector procurements and organising competitions, the value of which equals or exceeds the thresholds of the European Union, by sector awarding
authorities;

• procurements in the fields of defence and security, the value of which is equal to or exceeds the thresholds of the European Union, by awarding
authorities; and

• classic contracts and the organisation of competitions, the value of which equals or exceeds the EU thresholds, by subsidised awarding authorities, ie, more
than 50% of the value of the contract awarded by this entity is financed from public resources, and the subject matter of the contract is works, eg,
construction of hospitals, sports facilities, school buildings or services related to such works.
The average PLN / EUR exchange rate constituting the basis for
converting the value of public contracts or design contests
The average PLN / EUR exchange rate – 4.4536 PLN (valid from 1.01.2022 r.)

Notice of the President of the Public Procurement Office of 3 December 2021 on the current EU thresholds, their PLN equivalent, PLN
equivalent of amounts expressed in EUR and the average PLN / EUR exchange rate constituting the basis for converting the value of
public contracts or design contests (Monitor Polski, item 1177)

On 11 November 2021, the European Commission published regulations introducing new public procurement value thresholds, effective
as of 1 January 2022 (Commission Delegated Regulations (EU) of 10 November 2021, nos. 2021/1950, 2021/1952 and 2021/1953).
A contracting body

a contracting body (zamawiający) – shall mean a natural person, a

legal person or an organisational unit not having legal personality, who
is obliged under the Act to apply it;
 Types of contracting bodies (Art. 4, 5, 6)

1. The public finance sector – Art. 4 (such as: local government bodies , public education,
public health service, police, etc)

2. Contracting entities which are contracting authorities to the extent that they work in
one of the utilities sector activities (referred to in para. 4), such as: water management,
electricity, gas and heat management, transport services, ports, maritime and airports,
postal services, the extraction of fuels (Art. 5) (Zamawiający sektorowi)

3. Subsidised contracting entities (Zamawiający subsydiowani) – Art. 6

A subcontract

• a subcontract – shall mean a written contract concluded between the economic operator and
the subcontractor and, in the case of a contract for works other than from the fields of defence
and security, also between the subcontractor and further subcontractor or between further
subcontractors, under which the subcontractor or further subcontractor commits to perform part
of the contract

The subject of a subcontract in public procurement may be:

• Works
• Services
• Supllies

Just in the case of a contract for works, contract can be concluded also between the subcontractor and further
subcontractor or between further subcontractors
Mandatory and optional grounds for exclusion

Following the Directive the Public Procurement Law distinguishes between

mandatory and optional grounds for exclusion.
• the mandatory grounds for exclusion - As a rule, the mandatory grounds for
exclusion (specified in Article 108 of the Public Procurement Law) apply to all
procedures carried out on the basis of the Law.
• the optional grounds for exclusion - article 109 sets out a closed list of optional
grounds for exclusion. The grounds (one or more) listed in the article may be used
to evaluate if a contractor is not subject to exclusion only if the contracting entity
has listed them in the contract notice or procurement documents for a given
procedure.
Obligatory grounds for exclusion

A contractor shall be excluded from the contract award procedure if:

• the contractor is a natural person who has been legally sentenced for an offence specified in the
PPL or for a respective prohibited act specified in the provisions of foreign law;
• the member of its managing or supervisory body, a partner in a general partnership or similar
person has been validly convicted of an offence referred to above;
• a final court verdict or a final administrative decision has been issued concerning payment of
taxes, fees or contributions for social or health insurance against the contractor;
• a ban on participation in public procurement proceedings was validly declared against the
contractor;
• the awarding authority can establish, based on reliable grounds, that a contractor entered into an
agreement with other contractor aimed at distorting competition, unless they prove that they
prepared those tenders independently of each other;
• there has been a distortion of competition resulting from prior involvement of that contractor or
of an entity which is a member of the same capital group as a contractor, unless the distortion of
competition can be eliminated other than by excluding a contractor from participation in the
procurement procedure; or
• a contractor prevents or hinders the establishment of the criminal origin of money or hides its
source due to the impossibility to determine the actual beneficiary, as defined by the provisions
on counteracting money laundering and terrorist financing
 Optional grounds for exclusion

An awarding authority may exclude from the procurement procedure a contractor:

• who has violated obligations relating to the payment of taxes, fees or contributions for social or health
insurance, unless they have paid them or they have concluded a binding agreement on the repayment;
• who has breached obligations relating to environmental protection, social or labour law;
• where a member of its management or supervisory body, a partner in a general partnership or a proxy has
been validly convicted of an offence against employee rights or against the environment;
• in relation to whom liquidation has been opened, who has been declared bankrupt, whose assets are
administered by a liquidator or a court, who has entered into an arrangement with creditors, whose
business activities are suspended or who is in any other similar situation arising from a procedure provided
for in the legislation of the place where that procedure has been initiated;
• who has committed a grave professional misconduct calling into question their honesty;
• if there is a conflict of interests;
• who, for reasons attributable to them, a previous public procurement contract which, for reasons
attributable to them, led to the termination or withdrawal from the contract, compensation, substitute
performance or exercise of rights under warranty for defects;
• who misled the awarding authority when presenting information in the procurement procedure; or
• who unlawfully influenced or attempted to influence the actions of the awarding authority or attempted to
acquire or obtained confidential information which could give them an advantage in the procurement
procedure.
 Self-Cleaning provisions
The self-cleaning provisions are applicable to both mandatory and discretionary exclusion grounds.
They translate into the contracting authority's obligation to allow economic operators (contractors) to provide evidence
demonstrating their reliability, despite the existence of an exclusion ground.
What can such evidence include?
• The payment of compensation by the economic operators for the harm caused;
• Active cooperation with the investigating authorities and the contacting authority to explain the context of the
misconduct;
• Proper actions undertaken at the company level to prevent the occurrence of similar situations (e.g. personnel
restructuring, implementation of internal/external auditing schemes, improved codes of conduct / compliance
systems, whistleblower channels and training for employees to raise awareness of legal rules).

Art. 110
The economic operator shall not be excluded in the circumstances referred to in Article 108 para. 1 points 1, 2 and 5 or Article 109 para. 1 point
2 to 5 and 7 to 10, if it proves to the contracting body that all the following conditions have been met:
1) repaired or committed itself to redress the damage caused by the offence, misdemeanor or misconduct, including compensation;
2) clarified in a comprehensive manner the facts and circumstances of the crime, offence or misconduct and the damage caused by it by
actively collaborating accordingly with the competent authorities, including the investigating authorities or the contracting body;
3) it has taken concrete technical, organisational and personnel measures that are appropriate to prevent further offences, misdemeanors or
misconduct, in particular:
a) has terminated any links with persons or bodies responsible for misconduct of the economic operator,
b) has reorganized the personnel,
c) has implemented a reporting and control system,
d) set up internal audit structures to monitor compliance with legal provisions, internal regulations or standards,
e) has introduced internal rules on liability and compensation for non-compliance with legal provisions, internal regulations or standards.
 General rules in public procurement law
The rules for the award of contracts, set out
in Articles 16-20 of the Public Procurement fair competition and equal treatment of
Law, such as: contractors

proportionality

transparency

General rules effectiveness

Polish language

impartiality and objectivity

publicity and written form

 Fair competition and equal treatment of economic operators
Article 16. The contracting body shall prepare and conduct procurement procedure in a following manner:
1) ensuring fair competition and equal treatment of economic operators;
2) transparent;
3) proportional

The public contract must be awarded in a way that does not favor or discriminate against any contractor. This is
formulated in many provisions of the Act regarding in particular: description of the subject of the contract, conditions
for participation in the procedure, tender evaluation criteria, equal access to information about the contract, the
number of persons invited to negotiate

Art. 99 4. „The subject-matter of the contract cannot be described in such a manner which could to impede fair competition, in particular by
referring to trade marks, patents or origin, source or specific process which characterizes the products or services provided by a particular
economic operator if this could lead to the favoring or elimination of certain economic operators or products.”

Art. 165. 1. 1. When negotiating tenders, the contracting body shall ensure equal treatment of all economic operators.

Art. 84. 3. Art. 84. 3. 3. When conducting market consultations, the contracting body may in particular benefit from the advice of
experts, public authorities or economic operators. This advice may be used in the planning, preparation or conduct of a procurement
procedure, provided that this does not distort competition or undermine the principles of equal treatment of economic operators
and transparency..
 Equal treatment of economic operators

Article 16. The contracting body shall prepare and conduct procurement procedure in a following manner:
1) ensuring fair competition and equal treatment of economic operators;
2) transparent;
3) proportional

This is a requirement that comparable situations should not be treated differently and that different
situations should not be treated in the same way, especially the obligation to provide contractors with the
same opportunities both at the stage of formulating applications or tenders, and during their examination
and evaluation, in accordance with The Court of Justice of The European Union (Trybunał Sprawiedliwości
UE - TSUE) case law, in particular with regard to equal treatment of foreign contractors
 Transparency

Article 16. The contracting body shall prepare and conduct procurement procedure in a following manner:
1) ensuring fair competition and equal treatment of economic operators;
2) transparent;
3) proportional

The principle of transparency imposes an obligation on contracting authorities to formulate clear and
understandable rules applicable during the initiated procurement procedure,

Information about the contract is to be properly disclosed to the public so that potential, properly informed
contractors have the opportunity to express their interest in obtaining the contract.

The content of the information provided during the procedure must be properly formulated. In particular,
the criteria used to evaluate bids.

Getting acquainted with the conditions proposed by individual contractors must take place at the same time
The procurement procedure shall be open to the public (Art. 18)

The procurement procedure shall be open to the public. Only information indicated by the
contractor, which may have a negative impact on its activity (remains a business secret), may be
reserved. The contracting authority must provide information, share the documentation to anyone
who would like to see it, exept reserved information

1. The procurement procedure shall be open to the public.

2. The contracting body may limit the access to information connected with the award procedure only under the circumstances
specified in this Act.
3. Information, which is regarded as a business secret within the meaning of the provisions of the Act of 16 April 1993 on
combating unfair competition shall not be disclosed (Journal of Laws of 2020 item 1913), if the economic operator, together
with the submission of such information, stipulated that it shall not be shared and demonstrated that reserved information
remains a business secret. The economic operator may not stipulate the information referred to in Article 222 para. 5.
4. The contracting body may determine in procurement documents or in the contract notice the requirement concerning the
confidentiality of the information provided to the economic operator during the contract award procedure.
Rules of transparency
Compliance with the obligation of transparency and openness in the public procurement procedure:

• submitting a contract notice and contract award notice for publication in the Official Journal of the EU in procedures with
an EU value (or placing an announcement in the Public Procurement Bulletin in procedures with a value lower than the EU
thresholds);
• providing on the website of the procedure - at least until the date of awarding the contract - free, full, direct and unlimited
access to the specifications of the terms of the contract and the description of needs and requirements;
• providing information on the website of the procedure at the latest before the opening of tenders
- on the amount that the contracting authority intends to spend on financing the contract
• opening to the public immediately information about the names or first names and surnames as well as seats or places of
business activity or places of residence of contractors whose tenders have been opened, prices or costs contained in
tenders - just after the opening of tenders
• documenting the course of the procedure and providing the protocol of the procedure with attachments;
• providing information on the selection of the best tender or the cancellation of the procedure on the website of the
procedure;
 Proportionality

Article 16. The contracting body shall prepare and conduct procurement procedure in a following manner:
1) ensuring fair competition and equal treatment of economic operators;
2) transparent;
3) proportional

The principle of proportionality means that the conditions for participation in the procedure described by
the contracting authority must be justified by its characteristics, scope, degree of complexity or contract
performance conditions. They should also not restrict access to the contract to contractors who
guarantee its proper performance. The contracting authority is obliged to maintain the necessary balance
(proportion) between the interest in obtaining the warranty of proper performance of the contract and
the interest of potential contractors who cannot be eliminated from participation in the procedure by
introducing excessive requirements in advance. The requirements set by the contracting authority should
be adequate to the achievement of the intended goal and its needs..
 The principle of effectiveness

This principle constitutes the obligation to award the contract in a way that ensures both the best
quality of the subject of the contract (supplies, services and construction works) in relation to the
resources that the contracting authority may allocate for its implementation, and the best ratio of
expenditure to effects, including social, environmental and economic effects.
The contracting authority is obliged to take into account this principle when determining the terms of the
contract, in particular in terms of the description of the subject of the contract, terms of participation in
the procedure and tender evaluation criteria.

Article 17. 1.
The contracting body shall award the contract in a manner ensuring:
1) the best quality of supplies, services and works, justified by the nature of the contract, within funds which the
contracting body may allocate to its performance, and
2) the best results of the contract, including social, environmental and economic effects, insofar as any of these effects
can be obtained in a given contract in relation to the expenditure incurred
 Preliminary Market Consultations by the Awarding Authority – a tool to make
the tender more effective
The awarding authority, before launching the procurement procedure, may conduct preliminary market

consultations to prepare the procedure and inform contractors about its plans and requirements for the contract.

The awarding authority is obligated to:

• analyse the needs and requirements before commencing a classic procedure with a value equal to or exceeding

the EU thresholds;

• ensure the best quality of supplies, services and works, justified by the nature of the contract, within the limits of

resources that the awarding authority may allocate to its execution; and

• achieve the best results of the contract, including social, environmental and economic effects, provided that any

of these effects is possible to achieve in a given contract when compared to the incurred expenditures

Therefore, market research and the search for alternative means of satisfying the awarding authority's needs will

precede each procedure.

Written form (in writing)

• Written form (in writing) – shall mean a way to express information

consisting of words, digits or other writing marks, which can be read
and reproduced, including those submitted by means of electronic
communication;
 The principle of the written form
Art. 20. 1. Article 20. 1. The procurement procedure, subject to the exceptions specified in the Act, shall be conducted in writing.

Therefore, the provision introduces the principle that in public procurement proceedings, which essentially consists in the parties
providing information and documents, these activities are undertaken and carried out in a registered manner with the use of written
characters, which excludes conducting the procedure orally.

The principle of the written procedure is limited only in exceptional cases, provided for in the Act. Such an exception is set out in Art. 61
sec. 2, pursuant to which oral communication is allowed in the course of negotiations or dialogue and with regard to information that is
not relevant (here: at any stage of any procedure), in particular does not apply to the contract notice or procurement documents,
requests to participate in a procedure or competition, confirmation of interest, offers or competition works.

However, the content of these oral steps must be documented, and the sense of the regulation indicates that it is follow-up.

As regards the form of documents and declarations submitted in the proceedings, the act contains other detailed regulations, indicating
that the written, electronic form (the two forms must be treated as equivalent) or electronic form.
Each of them complies with the written requirements set out in the law.

Art. 61. Communication in the procurement procedure and in the design contest, including the submission of tenders, requests to
participate in the procedure or in a design contest, exchange of information and the submission of documents or statements between the
contracting body and the economic operator, taking into account the exceptions defined in the Act, shall be conducted by means of
electronic communication.
2. Oral communication shall be admissible in the course of negotiations or dialogue and with regard to information which is not relevant,
in particular they do not concern the contract notice or procurement documents, requests to participate in the procedure or in a design
contest, confirmation of interest, tenders or contest projects, provided that its content is documented..
 The priority of the Polish language

The language of the proceedings is Polish.

The contracting authority may decide to conduct the procedure in a foreign language, i.e. allow key activities to be undertaken in a foreign
language and submission of foreign-language documents (both on the part of contractors and the contracting authority), including
conducting negotiations in a foreign language.
This permission may be exercised in justified cases and consists in allowing communication in one of the languages commonly used in
international trade.
The decision to allow contractors to communicate in a foreign language in writing is made and communicated at the stage of contract
notice.
On the other hand, the decision to perform activities in a foreign language by the contracting authority, including the decision to conduct
negotiations, may be made at any time.

Article 20.
2. The procurement procedure shall be conducted in Polish.
3. In justified cases, the contracting body may allow in the procurement documents or in the contract notice the possibility to submit a request to
participate in the procedure, an initial tender, a tender subjected to negotiations, a tender, a statements or other documents in one of the languages
commonly used in international trade or in a language of the country in which the contract is awarded.
4. In justified cases, the contracting body may draw up documents and perform certain activities in a procurement procedure, in particular carry out
negotiations in one of the languages commonly used in international trade or in a language of the country in which the contract is awarded. .
Main definition - life cycle

life cycle – shall mean all consecutive and interlinked stages of

existence of a subject-matter of supply, service or work, in particular
research, development, industrial designing, testing, production,
transport, use, repair, modernisation, change, maintenance throughout
the period of existence, logistics, training, consumption, demolition,
withdrawal and disposal;
 Main definition - procurement documents
The Act does not formulate a closed catalog of procurement documents, but indicates that these are all documents
used to define or describe the terms of the contract, regardless of whether they were produced by the contracting
authority or not.

The procurement documents are:

• the specification of the terms of the contract
• the description of the needs and requirements
• design project documentation, that which is a description of the subject of the contract,
• technical specifications specifying the required characteristics of the materials, products or services to which the
contracting authority refers in the description of the subject of the contract.
• Protocol from the proceedings with attachments (such as bids)

procurement documents – shall mean documents drawn up by the contracting body or documents to which the contracting body refers,
other than a notice, for determining or - describing terms of a contract, including a specification of terms of a contract and a description
of needs and requirements;
Main definition – supplies and services

• supplies – shall mean a purchase of products which are movable

goods, energy, water and property rights if they may be traded, in
particular in particular on the basis of contracts for sale, supply, hire-
purchase, rental or lease with or without option to buy, which may
additionally include siting or installation

• services – shall mean any services other than works or supplies;

 An economic operator (wykonawca)

an economic operator – shall mean a natural person, a legal person or an organisational entity not
having legal personality, who offers on the market the execution of works or work, the supply of
products or the provision of services, or competes for the award of a contract, has submitted a
tender or concluded a public contract;

The definition also includes, for example, a participant in preliminary market consultations, an entrepreneur
not being invited to negotiate in a contract award procedure under negotiated procedure without publication
or a single-source contract, or a former participant in the contract award procedure questioning the
admissibility of changes to a public procurement contract concluded with another contractor.
Economic operators – requirements (Art. 112)

Eligible to compete for a contract shall be economic operators who:

1) are not subjected to exclusion;

2) meet the conditions for participation in the procedure, if such

conditions have been defined by the contracting body
 Conditions for participation in a procurement procedure (art. 112)
The contracting body shall indicate the required conditions for participation in a manner proportionate to the subject-
matter of the contract and allowing to assess the ability of economic operator to perform the contract, in particular by
expressing them as minimum levels of ability.
Suitability to pursue the professional activity
(the - contracting body may require economic operators engaged in an economic
or professional activity to be enrolled in one of the professional or trade registers
of kept in the country of their seat or place of residence.)

Authorisation to pursue a particular economic or professional activity, in so far

as this is the result of separate provisions
(such as: concession, license to conduct specific activities, membership in a given
organisation if the membership of that organisation is necessary for the provision of specific
Conditions for participation in a services )
procurement procedure may
relate to: Economic or financial standing
(e.g. certain minimum annual revenues, including certain minimum annual
revenues for the activities covered by the contract; information on their annual
accounts showing in particular the ratios between assets and liabilities)

Technical or professional ability

(professional qualifications personel, machines, knowledge, experience)
What options are available for an economic operators
that does not have sufficient resources to proceed to the procedure ?

Compete for a contract jointly

(e.g. consortium)
An economic operators that does
not have sufficient resources to join
the procedure
Rely on the resources of third
parties
 I option - Competing for a contract jointly (podmiot występujący
wspólnie)

Economic operators may compete for a contract jointly – At least two companies join together (e.g.
consortium ) to apply for the award of the contract because they do not meet the requirements of
the contracting authority individually
• Economic operators shall appoint a plenipotentiary to represent - them in the procurement
procedure or to represent in the procedure and to conclude a public contract.
• The contracting body shall not require from economic operators jointly competing for the award of
a contract to have a specific legal form in order to submit a tender or a request to participate.
• With reference to economic operators jointly competing for a contract, the contracting body may
define requirements related to the performance of a contract in a different way than with reference
to single economic operators, if this is justified by the nature of the contract and proportional to its
subject-matter.
• The provisions relating to economic operators shall apply accordingly to the economic operators
jointly competing for a contract
• If a tender of economic operators jointly competing for the contract has been selected, the
contracting body may request a copy of the an agreement resolving cooperation between those
economic operators prior to the conclusion of the public contract
 II option – Economic operator can rely on the resources of third parties (art. 118)
(polegać na zasobach podmiotów trzecich)

suitability to pursue the professional

activity

authorisation to pursue a particular

economic or professional activity, in
To confirm the fulfilment of the so far as this is the result of separate
conditions for participation in the provisions
procurement procedure
Economic operator can rely on
the: economic or financial standing of the entities
regardless of the
legal nature of its
legal relationship
technical or professional ability with them

Art,. 118.
1. The economic operator may, in order to confirm the fulfilment of the conditions for participation in the procurement procedure or selection criteria, where
appropriate and for a particular contract, or part thereof, rely on the technical or professional ability or the financial or economic standing of the entities that
provide capacities regardless of the legal nature of its legal relationship with them.
2. With regard to the conditions of education, professional qualifications or experience, economic operators may rely on the capacities of the entities if they
perform the works or services for which such capacities are required
 tender for lot (oferta częściowa)

tender for lot – shall mean a tender providing, in accordance with the procurement
documents, the performance of a part of the contract (lot)

A tender for lot provides for the performance of only part of the public contract, if the
contracting authority agrees to such performance and if the subject of the contract is
divided. The contracting authority's consent to the submission of a partial offer is a right, not
an obligation, which means that the contractor may not demand the admissibility of
submitting partial offers from the contracting authority.
 Design contest – konkurs (Art. 7 )

design contest – shall mean a public promise, in which the contracting body, by means of a
public notice, promises a prize for the execution and transfer of rights to the design contest
project selected by the jury

The catalog indicated in Art. 352 paragraph. 1 and is not closed. The subject of the competition may, for example, be a
logo design, a slogan, a piece of music, an algorithm, i.e. a product of human activity, related to the performer's skills,
which may be subject to legal protection. The competition is not a public procurement procedure; is the award promise
made by the contracting entity to the author / authors of the selected competition entry

Art. 325. 1. 1. The contracting body may organise a design contest to select a creative work in the field of, in particular, spatial planning, urban design,
architectural design, architectural and construction design, data processing, IT design and innovative purposes.
2. If the contracting body intends to award a contract for architectural design services or architectural and construction design services, such contract shall be
preceded by a design contest.
Qualitative means of proof means of proof relating to the subject-matter of a contract

Qualitative means of proof (podmiotowe środki dowodowe – art. 7) – shall mean means of proof which
confirm the absence of grounds for exclusion, fulfilment of the conditions for participation in the procedure or
selection criteria, with the exception of the statement referred to in Article 125 para. 1.(= declaration on not
being subject to exclusion, meeting the conditions for participation in the procedure or selection criteria, to the
extent indicated by the contracting authority);

The means of proof relating to the subject-matter of a contract (przedmiotowe środki dowodowe - Art. 104)
- means of confirming the compliance of the offered supplies, services or works with the requirements,
features or criteria specified in the description of the subject of the contract or the description of the tender
evaluation criteria, or the requirements related to the performance of the contract
 Construction works - three types of procedures
Pzp Opis przedmiotu zamówienia

execution of works - design documentation and

- technical specifications for execution and acceptance
of works

design and execution of works functional and utility program

The procedure is based on the fact that instead of two separate
procedures for the preparation of design documentation and
execution of construction works, the contracting party combines
it and announces it in one procedure. This means that the
contractor is obliged to prepare the design and perform
construction works..
a work, as well as the execution of a work by any means, in -
accordance with the requirements determined by the
contracting body

works – shall mean execution or both design and execution of works specified in Annex II to Directive 2014/24/EU, Annex
I to Directive 2014/25/EU and comprised by Chapter 45 of Annex I to Regulation (EC) No 2195/2002 of the European
Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) (OJ L 340 of
16.12.2002, p.1, as amended6 ), hereinafter referred to as the ‘Common Procurement Vocabulary’ or a work, as well as
the execution of a work by any means, in accordance with the requirements determined by the contracting body;
DNR and STC are due depending on the mode of awarding the contract
Classical procurement procedure of a value
below the EU thresholds - documents

Variant I - without negotiations STC

Call for final
Variant II - with possibility of
Basic procedure STC offers
negotiations

Variant III – with STC after

negotiation DNR negotiation

Innovation partnership -
DNR
Partnerstwo innowacyjne

Call for offers

Negotiation procedure
without publication – STC
negocjacje bez ogłoszenia

Single – source
procurement –
Zamówienie z wolnej ręki
STC – specyfication of terms of contract – Specyfikacja Warunków Zamówienia
DNR – description of needs and requirements – Opis Potrzeb i Wymagań
NR and STC are due depending on the mode of awarding the contract

Classical procurement procedure of a value

over the EU thresholds - documents

Open tender - Przetarg

nieograniczony STC

Restricted tender - Przetarg Call for final

graniczony STC offers

Negotiation procedure with

publication – negocjacje z DNR STC
ogłoszeniem
Call for offers
Competitive dialogue - Dialog STC
DNR
konkurencyjny

Innovation partnership - DNR

Partnerstwo innowacyjne Call for offers
Negotiation procedure without
publication – negocjacje bez STC
ogłoszenia

Single – source procurement STC – specyfication of terms of contract – Specyfikacja Warunków Zamówienia
DNR – description of needs and requirements – Opis Potrzeb i Wymagań
Information on tenders - official public procurement publications

Information on public procurement procedures is available among others in official

public procurement publications. The place of placing the advertisement depends
on the value of the contract
• For tender procedures higher than EU thresholds the information is published by
the Publications Office of the European Union in the Official Journal of the
European Union.
• For tender procedures below the EU thresholds (but exceeding PLN 130 000) the
information is published in the Public Procurement Bulletin. The Bulletin can be
accessed on the website of the Public Procurement Office.
Thank you for your attention