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Numerous by-laws
Selected by-laws are listed (text) below, but this selection does not constitute the entire current legislative framework issued as a supplementary law until 2008 end.
1) Regulation of the Prime Minister of 5 June 2007 on the standard forms of the notices placed in the Public Procurement Bulletin (Journal of Law, No. 102, item 693) Pursuant to Article 11 paragraph 6 of the Act of 29 January 2004 - Public Procurement Law (Journal of Law of 2006 No. 164, item 1163, as amended), it is decreed as follows:
§1.1 Standard forms of the following notices placed in the Public Procurement Bulletin shall be determined:
1) contract notice shall constitute Attachment No. 1 to the Regulation;
2) simplified notice on dynamic purchasing system shall constitute Attachment No. 2 to the Regulation;
3) notice on concessions for works shall constitute Attachment No. 3 to the Regulation;
4) contract award notice shall constitute Attachment No. 4 to the Regulation;
5) design contest notice shall constitute Attachment No. 5 to the Regulation;
6) notice on the results of the design contest shall constitute Attachment No. 6 to the Regulation;
2. The standard forms, referred to in paragraph 1, concern the public contracts and design contests of the smaller value than the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the Act of 29 January 2004- Public Procurement Law.
§2. The regulation shall enter into force on 11 June 2007.
PRIME MINISTER 2) Regulation of the Prime Minister of 19 December 2007 on the average exchange rate of Polish zloty against Euro being the basis for converting the value of public contracts (Journal of Law No. 241, item 1763) Pursuant to Article 35 (3) of the Act of 29 January 2004 - Public Procurement Law (Journal of Law of 2007 No. 223, item 1655), it is decreed as follows:
§ 1. The average exchange rate of the PLN against the EURO being the basis for converting the value of public contracts shall amount to 3.8771.
§ 2. To contract award procedures commenced before the entry into force of this Regulation, the hitherto provisions shall apply.
§ 3. The Regulation of the Prime Minister of 22 May 2006 on the average exchange rate of PLN against EURO being the basis for converting the value of public contracts (Journal of Law No. 87, item 610) shall be repealed.
§ 4. The Regulation shall enter into force on 1 January 2008.
Prime Minister
3) Regulation of the Prime Minister of 24 October 2007 on the report on contract award procedure (Journal of Law, No. 202, item 1463) Pursuant to Article 96 (5) of the Act of 29 January 2004 - Public Procurement Law (Dz. U. No. 19, item 177, as amended), it is decreed as follows:
§ 1. The Regulation sets out a standard form of the report on the contract award procedure, hereinafter referred to as the "report" and the scope of additional information included in the report, as well as the manner and form of making the report along with attachments available to interested parties.
§ 2. In addition to information referred to in Article 96 (1) of the Act of 29 January 2004 - Public Procurement Law, hereinafter referred to as the "Act", the report shall include: 1. information relating to the awarding entity; 2. the value of a public contract, hereinafter referred to as a "contract", value of the framework agreement or value of the dynamic purchasing system, date and manner of estimating the date, the name and surname of the person who made the estimation; 3. Names and surnames of persons carrying out activities in the contract award procedure and of persons involved in preparing the procedure; 4. information on the appointment of experts; 5. information on notices; 6. information on requests to participate in the procedure, tenders, initial or indicative tenders; 7. information on economic operators admitted to the dynamic purchasing system; 8. place and date for submission of tenders; 9. place and date of opening tenders; 10. information on compliance by economic operators with conditions for the participation in the procedure; 11. information on economic operators excluded from the procedure; 12. information on tenders, which were rejected, including due to abnormally low price; 13. summary of the evaluation and comparison of submitted tenders; 14. information on the selection of the best tender and on the use of electronic auction; 15. date and reasons for annulling the contract award procedure or the procedure conducted in order to conclude framework agreement; 16. reasons for using by the awarding entity of other types of contract award procedures than open or restricted tendering; 17. information on lodged protests and appeals, if they are admissible, and on their outcome; 18. date of completion of work of the tender committee and of approval of the outcome of the procedure; 19. information about carrying out new or repeated activities and date of completion of work of the tender committee and of final approval of the outcome of the procedure; 20. information on conducting an ex-ante control; 21. information on a complaint lodged with a district court; 22. information on conclusion of a public contract or framework agreement.
§ 3. 1. In the contract award procedure where the value is lower than the amounts specified in legal provisions issued on the basis of Article 11 (8) of the Act, the awarding entity shall prepare: - the record containing the information, referred to in § 2 (1) and (2), (6)-(17), and (22), as well as the date of commencement and closing of an electronic auction; - additional forms ZP-14, ZP-21 and ZP-24, listed in Attachment No. 3 to the Regulation.
§4. 1. The pattern of the report on contract award procedure where the value is: 1) equal to or exceeds the amounts specified in provisions issued on the basis of Article 11 (8) of the Act, shall constitute the Attachment No. 1 to the Regulation; 2) lower than the amounts specified in provisions issued on the basis of Article 11 (8) of the Act shall constitute the Attachment No. 2 to the Regulation. 2. The patterns of additional forms to the report, referred to in paragraph 1, shall constitute the Attachment No. 3 to the Regulation.
§ 5. 1. The awarding entity shall allow making copies or extracts from the report including attachments at its seat or at the seat of its organisational unit or the third party, who was entrusted with preparation and conduct of the contract award procedure. 2. On the request of economic operator, the awarding entity shall send a copy of the report in hard copy, by fax or by electronic means, according to awarding entity's choice.
§ 6. To contract award procedures commenced before the entry into force of this Regulation, the hitherto provisions shall apply.
§ 7. Regulation of The Prime Minister of 19 May 2006 on the report on the contract award procedure (Journal of Law, No. 87, item 606) shall be repealed.
§ 8. The Regulation shall enter into force after 14 days from its publication.
PRIME MINISTER 4) Regulation of the Prime Minister of 10 September 2007 on the amendment to the regulation on the scope of information included in annual report on the conducted contract award procedures, its standard form and the manner of submission (Journal of Law No. 175, item 1226) Pursuant to Article 98 paragraph 4 of the Act of 29 January 2004 - Public Procurement Law (Journal of Law of 2006 No. 164 item 1163 as amended), it is decreed as follows:
§1. In Regulation of the prime minister of 25 august 2006 on the scope of information included in annual report on the conducted contract award procedures, its standard form and the manner of submission (Journal of Law, No. 155, item 1110) the following amendments shall be made: 1) the §2 in the wording:
§ 2. The report should be submitted to the President of the Public Procurement Office by electronic means using the form placed on the portal of the Public Procurement Office. 2) The Attachment No. 1 to the Regulation shall have the wording referred to in Attachment No. 1 to the following regulation. 3) The Attachment No. 2 to the Regulation shall have the wording referred to in Attachment No. 2 to the following regulation.
§2. The regulation shall enter into force after 14 days following the date of its publication.
PRIME MINISTER 5) Regulation of the Prime Minister of 25 August 2006 on the scope of information included in annual report on the conducted contract award procedures, its standard form and the manner of submission (Journal of Law, No. 155, item 1110) Pursuant to Article 98 paragraph 4 of the Act of 29 January 2004 - Public Procurement Law (Journal of Law No 19 item 177 as amended), it is decreed as follows:
§ 1. Annual report on the conducted contract award procedures, lodged by the awarding entity, hereinafter referred to as the "report" shall contain: 1) name of the awarding entity, address, REGON number (number in the record of economic activity), NIP number (taxpayer identification number) as well as full name, telephone number and e-mail address of the authorized contact person; 2) description of the type of the awarding entity and main object or objects of economic activity, and in the case of sectorial contracts description of the object or objects of economic activity; 3) number of contract award procedures where the contract was awarded or the framework agreement concluded as well as value of concluded contracts without VAT divided into the types of procedures for awarding contracts or conclusion of a framework agreement and types of contracts, and in case of sectorial contracts value of awarded contracts divided into the types of contracts and into objects of activity, with reference to contracts where value is lower than amounts defined in provisions issued pursuant to Article 11 paragraph 8 of the Act of 29 January 2004 - Public Procurement Law; 4) List of contract award procedures where the contract was awarded, with description of: a) number of the contract award notice in the Official Journal of the European Union, b) type of contract, c) object of the contract with indication of codes defined in the Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary CPV (Journal of Jaw (EC) L 340 of 16.12.2002, p. 0001-0562; Official Journal of the EU Polish special edition, chapter 6, vol. 7, p. 3 as amended hereinafter referred as "Common Procurement Vocabulary", d) category of services 1-27 defined in Annex No. 3 to Common Procurement Vocabulary, e) type of award contract procedure or conclusion of a framework agreement, f) justification of an application of negotiated procedure without publication or singlesource procurement, g) country of origin of selected economic operator or economic operators, h) value of awarded contracts without value added tax - with reference to contracts where value is equal to or exceeds amounts defined in provisions issued pursuant to the Article 11 paragraph 8 of the Act of 29 January 2004 - Public Procurement Law; 5) manner of performing the contract, when the value is equal to or exceeds PLN equivalent of 20 000 000 EUR for works or 10 000 000 EUR for supplies or services.
§ 2. 1. The report should be submitted to the President of the Public Procurement Office electronically by using the form placed on the website of the Public Procurement Office. 2. After submission of the report in accordance with paragraph 1 the report prepared on the basis of the form shall be submitted forthwith to the President of the Public Procurement Office in writing or by fax, with signature of the head of awarding entity or authorised person.
§ 3. The standard form of the annual report on conducted: 1) public contracts shall constitute an annex No 1 to the regulation; 2) sectorial contracts shall constitute an annex No 2 to the regulation.
§ 4. The Regulation of the Prime Minister of 22 March 2004 on the scope of information included in the annual report on conducted contract award procedures and it standard forms (Journal of Law No 50, item 479) shall be repealed.
§ 5. The regulation shall enter into force after 14 days following the date of its publication.
PRIME MINISTER 6) Regulation of the Prime Minister of 19 May 2006 on the types of documents that may be requested by the awarding entity from the economic operator and forms in which these documents may be submitted (Journal of Law No. 87, item 605) Pursuant to Article 25 (2) of the Act of 29 January 2004 - Public Procurement Law (Journal of Law No. 19, item 177, as amended), it is decreed as follows:
§ 1. 1.In order to confirm that the economic operator is authorised to carry out specified activity or task and is not subject to exclusion under Article 24 of the Act of 29 January 2004 - Public Procurement Law, hereinafter referred to as the "Act", the awarding entity may request the following documents: 1) concessions, permits or licences, if acts of law impose an obligation to hold a concession, permit or licence to carry out economic activity falling within the scope of a public contract, hereinafter referred to as a "contract". 2) current excerpt from relevant register or current certificate of entry in the record of economic activities, if separate legal provisions require an entry in the register or in the record of economic activities, issued not earlier than 6 months before the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders; 3) current certificates of the head of the competent tax office and the relevant branch of the Social Insurance Institution (ZUS) or Agricultural Social Insurance Fund (KRUS) confirming respectively that the economic operator is not in arrears with the payment of taxes, fees and contributions payable towards health and social insurance, or certificates that the economic operator was legally exempted, his outstanding payments have been deferred or divided into instalments or the execution of a decision of a competent authority has been stopped in its entirety - issued not earlier than 3 months prior to the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders. 4) current information from the National Register of Criminal Records in the scope specified in Article 24 (1) (4)-(8) of the Act issued not earlier than 6 months prior to the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders; 5) current information from the National Register of Criminal Records within the scope specified in Article 24 (1) (9) of the Act issued not earlier than 6 months prior to the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders. 2. In order to confirm the requirement laid down by the awarding entity whereby the economic operator should have necessary knowledge and experience and have at its disposal technical potential and personnel capable of executing the contract, the awarding entity may request the following documents: 1) a list of works completed during the period of the past five years prior to the day the contract award procedure was commenced, and if the duration of economic activity is shorter - during that period, corresponding in terms of their type and value to the works being the object of a contract, with the indication of their value and date and place of execution and the enclosure of documents attesting that these works have been executed properly; 2) a list of supplies or services performed - and in the case of periodic or ongoing services - also being performed during the period of the past three years prior to the day the contract award procedure was commenced, and if the duration of economic activity is shorter - during that period, corresponding in terms of their type and value to supplies and services being the object of a contract, with the indication of their value, object, dates of performance and buyers and the enclosure of documents attesting that these supplies or services have been performed properly; 3) a list of tools and equipment at the economic operator's disposal necessary to execute the contract; 4) information about the average number of employees engaged or the number of managerial staff, during the period of the past three years, and if the duration of economic activity is shorter - during that period, if a contract involves works or services; 5) a list of persons and entities that will participate in the execution of a contract, including information about their professional qualifications, experience and education necessary to execute a contract, as well as the scope of duties carried out by them; 6) documents attesting that persons who will participate in the execution of a contract have the required powers, if acts of law impose an obligation to hold such powers. 3. In order to confirm the requirement laid down by the awarding entity, whereby the economic operator has to be in an economic and financial situation ensuring the execution of a contract, the awarding entity may request the following documents: 1) a financial statement or part thereof, and if it is subject to an audit by an auditor in pursuance of accounting regulations, also including an opinion regarding the audited statement or part thereof, respectively, and in the case of economic operators who are not obligated to prepare a financial statement, other documents evidencing turnover and liabilities and receivables - for the period not longer than the past 3 financial years, and if the duration of economic activity is shorter - for that period; 2) information from a bank or credit union wherein the economic operator holds an account, confirming the amount of financial resources held or the economic operator's creditworthiness, issued not earlier than 3 months before the expiry of the time limit for receipt of requests to participate in the procedure for the award of a construction contract or submission of tenders; 3) an insurance policy, and in the event of lack thereof other document confirming that the economic operator is insured against third party liability with regard to the scope of the economic operator's activity.
§ 2. 1. If the economic operator has the registered office or place of residence outside the Republic of Poland, instead of documents referred to in § 1 (1): 1) for items 2, 3 and 5 - the economic operator shall submit a document or documents issued in the country in which the economic operator has the registered office or place of residence, confirming respectively that: a) neither winding up procedure has been commenced nor bankruptcy declared with respect to the economic operator, b) the economic operator is not in arrears with the payment of taxes, fees, social insurance or health insurance premiums, with the exception of cases where they have been legally exempted, their outstanding payments have been deferred or divided into instalments or the execution of a decision of a competent authority has been stopped in its entirety, c) the economic operator has not been prohibited from competing for a contract; 2) for item 4 - the economic operator shall submit a certificate of a competent judicial or administrative authority in the country of origin or residence of a person to whom the documents refer to, within the scope specified in Article 24 (1) (4)-(8) of the Act. 2. The documents referred to in paragraph 1 (1) (a) and (c) and (2) should be issued not earlier than 6 months before the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders. The document referred to in paragraph 1 (1) (b) should be issued not earlier than 3 months before the expiry of the time limit for receipt of requests to participate in the contract award procedure or submission of tenders. 3. If the country of origin of a person or the country in which the economic operator has the registered office or place of residence does not issue documents referred to in paragraph 1, they shall be replaced by a document containing a declaration made before a notary, a competent judicial or administrative authority or a competent professional or trade body in the country of origin of a person or the country in which the economic operator has the registered office or place of residence, respectively. The provision of paragraph 2 shall apply respectively.
§ 3. 1. In order to confirm that offered supplies, services or works comply with the requirements laid down by the awarding entity, the awarding entity may request in particular: 1) samples, descriptions or photographs; 2) certificates of an entity authorised to control quality, confirming that supplied products comply with defined technical standards or specifications; 3) certificates of an independent entity engaging in the attestation of compliance of the economic operator's activities with quality standards, if awarding entities refer to quality assurance systems based on the relevant European standards. 4) certificates of an independent entity engaging in the attestation of compliance of the economic operator's activities with the European environment management standards, if awarding entities indicate environment management measures to be used by the economic operator when executing a works or services contract, referring to the Eco-Management and Audit Scheme (EMAS) or environment management standards based on European or international standards certified by entities operating in accordance with the laws of the European Union or European or international standards relating to certification. 2. In place of certificates referred to in paragraph 1 (2)-(4), the economic operator may submit equivalent certificates issued by entities established in another Member State of the European Economic Area. 3. Instead of certificates referred to in paragraph 1 (3) and (4), the economic operator may submit other documents confirming the use of equivalent quality assurance measures and the use of equivalent environment management measures, respectively.
§ 4. 1. Documents shall be submitted in the original or a copy certified by the economic operator to be a true copy of the original. When submitting electronic copies of documents, they should be signed by the economic operator using a secure electronic signature verifiable by means of a valid qualified certificate. 2. The awarding entity may request the presentation of the original or a copy certified by the notary only if a copy of a document submitted by the economic operator is illegible or raises doubts as to its authenticity. 3. Documents drafted in a foreign language shall be submitted along with their translation into the Polish language, certified by the economic operator. A translation shall not be required if the awarding entity gave its consent, referred to in Article 9 (3) of the Act.
§ 5. To contract award procedure commenced prior to the entry into force of this Regulation, the hitherto provisions shall apply.
§ 6. The Regulation of the Prime Minister of 7 April 2004 on the types of documents confirming compliance with conditions for participation in construction contract award procedures, which the awarding entity may require from the economic operator (Journal of Law No. 71, item 645) shall be repealed.
§7. The Regulation shall enter into force on 25 May 2006.
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