Public procurement regulation in Poland

January 2026

Public procurement notifications in Poland are published digitally depending on the value of the contract:

• Contracts at or above the EU thresholds (high-value contracts) are published in Tenders Electronic Daily (TED) at https://ted.europa.eu/en/, the online version of the Supplement to the Official Journal of the European Union (OJEU). In addition, from the date of publication in the OJEU, the contracting authority must make the notice available on the procedure website.
• Contracts below the EU thresholds (national procedures) are published in the Public Procurement Bulletin, which is part of the Polish e‑Zamówienia e‑procurement platform at https://ezamowienia.gov.pl/en/. Posting the notice on the contracting authority’s website is optional.

Beyond TED or the Public Procurement Bulletin, authorities may optionally disseminate the notice in other media.

There are three (3) tiers relevant to thresholds and the application of the PPL: (i) contracts below the national threshold, (ii) contracts at or above the national threshold but below the EU thresholds, and (iii) contracts at or above the EU thresholds.

Threshold tiers and their legal consequences (as of 1 January 2026):

The EU thresholds are revised by Commission delegated regulations and announced in Poland by the President of the Public Procurement Office together with official PLN equivalents; they typically apply from 1 January of each even-numbered year. EU thresholds for 2026–2027 and PLN equivalents:

For classic contracts below the EU thresholds, contracting authorities use the statutory “basic procedure” (three variants) rather than the EU-labelled procedures. From the EU thresholds upwards, the open and restricted procedures may be chosen without special justification, while negotiated with prior publication and competitive dialogue require specific legal grounds.

(i) Open procedure: For classic contracts at or above the EU thresholds, contracting authorities are free to choose the open procedure (no additional triggers). For classic contracts below the EU thresholds, the open procedure is not available, and the basic procedure is used instead.

(ii) Restricted procedure: For classic contracts at or above the EU thresholds, contracting authorities are free to choose the restricted procedure (no additional triggers). For classic contracts below the EU thresholds, the restricted procedure is not available, and the basic procedure is used instead.

(iii) Negotiated procedure:

• Negotiated procedure with prior public announcement / prior publication. The contracting authorities may choose this procedure if at least one of the following circumstances occurs:
  • the solutions available on the market cannot meet, without their adaptation, the needs of the contracting authority;
  • works, supplies or services include design or innovative solutions;
  • the contract may not be awarded without prior negotiations due to specific circumstances relating to its nature, complexity or legal or financial circumstances, or because of the risks attached to works, supplies or services;
  • the contracting authority cannot describe the subject-matter of the contract in a sufficiently precise manner by reference to a standard/ETA/common technical specification/technical reference;
  • during the prior open or restricted procedure, all requests to participate were rejected or all tenders were rejected, or the contracting authority cancelled the procedure because the most advantageous/lowest-price tender exceeded the budget allocated (without substantial changes to the original terms).

Below the EU thresholds: similar negotiation objectives are addressed through the basic procedure.

• Negotiated procedure without prior public announcement / prior publication. The contracting authorities may award contracts through this procedure if at least one of the following circumstances applies:
  • in a previous contract award procedure under open or restricted tendering no request to participate in the procedure was submitted, no tenders were submitted or all tenders were rejected due to their non-compliance with the terms of reference drawn up by the contracting authority, or all tenderers were excluded from the procedure and the original conditions of the contract were not substantially modified;
  • a design contest was held whose prize was an invitation to negotiations without prior publication of a contract notice for at least two authors of the selected designs;
  • the subject of a supply contract is products manufactured exclusively for the purpose of research, experimentation, study, or development, which are not used by the contracting authority for the purpose of mass production aimed at establishing market viability or recovering research and development costs;
  • for reasons of extreme urgency brought about by events unforeseeable by and not attributable to the contracting authority, incompatible with the standard time limits.
• Single-source procurement (direct award). The contracting authorities may award contracts through the direct award (single-source) procedure (single-source procurement) if, in particular, at least one of the following is met:
  • the supplies, services, or construction works can be provided only by one particular contractor for: (i) technical reasons of an objective nature or (ii) reasons relating to the protection of exclusive rights arising from separate regulations – where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;
  •  the supplies, services, or construction works can be provided only by one particular contractor where the contract to be awarded concerns creative or artistic activity;
  •  a design contest was held and the prize in that contest was an invitation to negotiations through the single-source procurement procedure of the author of the selected design;
  • for urgent reasons brought about by events beyond the control of and unforeseeable by the contracting authority, the contract must be executed immediately and the time limits for other contract award procedures cannot be complied with.
  • single-source awards are exceptional and must be limited to what is strictly necessary and duly justified in the record.

This is not an exhaustive list; the PPL provides additional grounds (e.g., R&D supplies, repeat similar works/services, additional supplies, commodity-market purchases, advantageous purchases in insolvency, and in-house/public-public cooperation).

(iv) Competitive dialogue: The contracting authorities may choose to award contracts through competitive dialogue on the same legal grounds as negotiated procedure with prior publication (i.e., the PPL-type circumstances listed above).

Sector-specific rules apply in utilities and in defence and security, including more flexible use of negotiated tools and specific time limits, without altering the core triggers summarised above.

An appeal can be brought against any contracting authority action that is taken during a procurement procedure if it does not comply with the PPL, or against any failure to act if the contracting authority is bound to perform certain actions under the PPL. An appeal may also be brought against a failure to conduct a procurement procedure or to organise a contest where the contracting authority is required to do so under the PPL.

Appeals are generally available irrespective of contract value and may challenge any contracting authority action or omission in classic, utilities, dynamic purchasing, qualification systems, framework agreements, and contests, including the content of the Terms of Reference (SWZ) and, where applicable, draft contractual terms. In particular, contractors may challenge draft contract terms containing prohibited “abusive clauses” under PPL, (a closed list, e.g., clauses shifting disproportionate risk, such as liability for delay not attributable to the contractor or penalties unrelated to proper performance); if the appeal is upheld, the NCA may order the term to be amended or deleted.

Time limits for lodging an appeal depend on (i) whether the procedure is above or below the EU thresholds and (ii) what is being challenged.

1) Appeal against an action notified to the bidder (or an omission where the bidder is informed of it)

• At/above EU thresholds: 10 days if the information was sent electronically, or 15 days if sent by other means.
• Below EU thresholds: 5 days if sent electronically, or 10 days if sent by other means.

2) Appeal against the content of the initiating notice (or contest notice) or the procurement documents

• At/above EU thresholds: 10 days from OJEU publication or from the date the documents were posted online.
• Below EU thresholds: 5 days from Public Procurement Bulletin publication or from the date the documents were posted online.

3) Appeal against other actions/omissions

• At/above EU thresholds: 10 days from the day the grounds were discovered or could have been discovered with due diligence.
• Below EU thresholds: 5 days on the same basis.

4) “Backstop” deadlines where key notices/information were not provided (e.g., no notice of intention to conclude a contract, or no award notification / no invitation under a DPS or a framework agreement)
An appeal must be filed no later than:

• 15 days from publication of the procedure outcome notice in Public Procurement Bulletin, or 30 days from publication of the contract award notice in OJEU (and for negotiated without publication / single source: the relevant notice must include the statutory justification);
• if the relevant notice was omitted (or the justification was missing): 1 month (Public Procurement Bulletin cases) or 6 months (OJEU cases) from the date the contract was concluded.

These time limits are peremptory (preclusive): a late appeal is rejected and, as a rule, you cannot pursue the appeal after expiry.

A first-instance ruling of the National Appeal Chamber (NCA) can be challenged by a court complaint filed within 14 days of service of the NCA ruling (or the President of NCA’s ruling returning the appeal), lodged via the President of NCA and heard by the Public Procurement Court (Regional Court in Warsaw). A cassation appeal to the Supreme Court is available against a final ruling of the Public Procurement Court ending the proceedings, subject to the conditions and time limits laid down in the Code of Civil Procedure.

There is a standstill period of:

• no less than 10 days from the day on which the information on the selection of the most advantageous tender was provided by electronic means, or 15 days where the contract value is equal to or above the EU thresholds; and
• no less than 5 days from the day on which the information on the selection of the most advantageous tender was sent by electronic means, or 10 days if sent by post, where the contract value is below the EU thresholds.

Statutory exceptions apply. In particular, the contract may be concluded before the expiry of the standstill in cases specified in the PPL, including (i) where only one tender was submitted in an open procedure (and, in certain EU-threshold procedures, where only one request or tender was received under the statutory conditions), (ii) where the contract is awarded via the negotiated procedure without prior publication, within a dynamic purchasing system, or on the basis of a framework agreement, and (iii) direct awards (single-source). A timely appeal against the selection decision triggers a prohibition on contract conclusion until the NCA rules, unless NCA lifts the ban under the statutory test.

The review body is NCA. Its ruling can be further appealed to the Public Procurement Court; cassation appeal to the Polish Supreme Court may be available under the Code of Civil Procedure.

The amount of an appeal filing fee depends on the type of contract (supplies/services vs works vs social services) and whether its value is below or at/above the relevant EU thresholds.

In case of supply and service contracts:

• PLN 7,500 (approx. EUR 1,750) if the contract value is below the EU thresholds;
• PLN 15,000 (approx. EUR 3,500) if the contract value is equal to or above the EU thresholds.

In case of contracts for social services and other specific services (i.e., “light-touch” services such as health, social care, education and cultural services), the fee is:

• PLN 7,500 (approx. EUR 1,750) where the contract value is below the EU social-services threshold and
• PLN 15,000 (approx. EUR 3,500) where the contract value is at or above that threshold.

In case of construction works contracts:

• PLN 10,000 (approx. EUR 2,300) if the contract value is below the EU thresholds;
• PLN 20,000 (approx. EUR 4,650) if the contract value is equal to or above the EU thresholds.

In addition, where the appeal concerns a failure to conduct a procurement procedure or to organize a design contest under the PPL despite a legal obligation, the fee is: (i) PLN 7,500 for supplies/services or a contest; (ii) PLN 10,000 for construction works.

A court complaint against the NCA’s ruling is subject to a fixed court fee equal to three times the filing fee paid for the appeal in the case concerned.

Once an appeal is filed, the contracting authority cannot sign the contract before the NCA has rendered its judgment. Only exceptionally, the NCA may lift the prohibition to conclude a contract (on the contracting authority’s request) under the statutory test.

There is no similar effect when filing a further appeal with a common court against the NCA’s ruling; no automatic prohibition arises at the court stage, and interim measures (if needed) must be sought under general rules.

A procurement contract may be rendered void (annulled by a constitutive ruling of the NCA, or where the President of the Public Procurement Office brings an action- by a court) if the contracting authority:

• awarded the contract, concluded a framework agreement or established a dynamic purchasing system without first publishing (Public Procurement Bulletin) or forwarding (OJEU/TED) the notice initiating the procedure, or without a required notice amending that initiating notice where the changes were relevant to the preparation of requests to participate or tenders;
• concluded the contract in breach of the standstill period, if this prevented the NCA from examining the appeal before the conclusion of contract;
• awarded a contract under a dynamic purchasing system (DPS) in breach of the statutory rules governing DPS operation and award of contracts within the DPS;
• awarded a contract under a framework agreement in breach of the statutory rules governing call-offs/mini-competitions under framework agreements;
• concluded an in-house procurement contract in the direct award (single-source) procedure before the lapse of a 14-day standstill period starting from the day following the publication of the information about the intention to conclude the contract.

If one of the above situations occurs and a public procurement contract has already been concluded, then - when examining an appeal - the NCA may:

• invalidate the contract; or
• invalidate the contract with regard to the unfulfilled obligations and impose a financial penalty (in particular where return of benefits is impossible); or
• impose a financial penalty or shorten the duration of the contract if it is in the public interest (in particular in defence and security) that the contract is upheld.

If one of the above situations occurs and a public procurement contract has already been concluded, then - when examining an appeal - the NCA may: (i) invalidate the contract; or (ii) invalidate the contract with regard to the unfulfilled obligations and impose a financial penalty (in particular where return of benefits is impossible); or (iii) impose a financial penalty or shorten the duration of the contract if it is in the public interest (in particular in defence and security) that the contract is upheld

The financial penalty which the NCA may impose on the contracting authority can amount up to 10% of the contractor’s remuneration provided for in the contract, considering the type and scope of the violation. When stating a violation of a standstill clause that was not connected with the violation of any other provision of the PPL, the NCA may impose on the contracting authority a financial penalty in the amount of up to 5% of the contractor’s remuneration provided for in the contract, taking into account all important circumstances relating to the award of the contract.

Additionally, the President of the Public Procurement Office may apply to the court for the invalidation of the contract in the cases provided for in the PPL (in particular, to annul contracts falling within the statutory grounds for annulment and - separately - to annul unlawful contract modifications).

The parties cannot amend an awarded public procurement contract unless at least one of the following circumstances listed in the PPL applies:

• Review clauses: modifications have been provided for in the procurement documents and the contract in the form of clear, precise, and unequivocal contractual provisions (review clauses) stating the scope, nature, and conditions of introducing such modifications and not altering the overall nature of the contract;
• Additional supplies/services/works: modifications concern the provision of additional supplies, services, or construction works by the contractor that has provided them so far, provided that those supplies, services, or construction works have become essential and all further conditions are met (including that a change of contractor cannot be made for economic or technical reasons, switching would cause significant inconvenience or substantial duplication of costs, the overall nature is preserved, and the value of each such modification does not exceed 50% of the original contract value (and successive modifications must not be used to circumvent the PPL));
• Unforeseeable circumstances: the need to modify the contract has been brought about by circumstances which a diligent contracting authority could not foresee; the value of the modification does not exceed 50% of the original contract value; and the overall nature of the contract is preserved;
• Replacement of contractor: a new economic operator replaces the original contractor in the specific circumstances indicated in the PPL (including replacement provided for in a review clause or universal/partial succession), without other substantial changes and without circumventing procurement rules;
• Non-substantial modification: modifications, irrespective of their value, are not substantial within the meaning of the PPL;
• De minimis: the total value of the modifications is lower than the EU thresholds and lower than 10% of the initial contract value for service and supply contracts or lower than 15% of the initial contract value for construction works contracts (assessed net of VAT and cumulatively across successive changes), and the overall nature is preserved.

In any of the cases above, the PPL also limits the acceptable purpose or scope of amendments, in particular requiring that they do not alter the general nature of the contract and are not used to circumvent procurement rules.

E-procurement is mandatory as a rule in Poland, with only narrow statutory exceptions allowing non-electronic communication:

• At or above the EU thresholds: tenders/requests to participate (and key statements submitted with them) must be filed in electronic form, i.e., signed with a qualified electronic signature (QES) as defined under eIDAS (QES is legally equivalent to a handwritten signature).
• Below the EU thresholds: submissions are still electronic, but the bidder may sign either (i) in electronic form with QES or (ii) in electronic format with a trusted (profil zaufany) or personal (e-ID) signature.

In practice for bidders: the lowest-risk setup (especially for non-Polish bidders) is to have a QES ready; this usually avoids platform/format edge cases even in below-threshold procedures.

Contracting authorities must state the required electronic tools/technical rules in the notice or procurement documents and may depart from e-means only where the statutory conditions are met and only to the extent strictly necessary. For publication, EU-threshold notices (TED/OJEU) use the EU eForms framework, while national notices (Public Procurement Bulletin) use Public Procurement Office’s electronic templates.

From 13 March 2026, hearings and public sessions before the NCA may also be held remotely via real-time audio/video. Remote hearings are expected to become the go-to format in practice, while parties may still opt to attend in person.