Poland set to reform its Public Procurement Law: a review of the expected changes
Public procurement, as a key pillar of the European and national public sectors, is undergoing significant revision. Triggered by the Court of Justice of the EU’s ruling in case C-652/22 Kolin İnşaat Turizm Sanayi ve Ticaret (later confirmed by the ruling in case C-266/22 CRRC Qingdao Sifang), important legislative developments are now unfolding at the national level. In addition, the Polish sector is set to experience significant legislative changes in 2025, with four legislative projects currently underway that will have a profound impact on the Polish Public Procurement Law (PPL), including appeal procedures, market access and compliance requirements.
The following article provides an overview of the key amendments planned for the Polish PPL.
New thresholds
The purpose of the proposed draft law (Sejm print no. 1303) is to raise the minimum threshold for the application of the PPL (and the Concession Contracts Act [1]) to PLN 170,000. Under the current legal framework, the minimum threshold has remained fixed at PLN 130,000 for several years, despite significant cumulative inflation between 2021 and 2023. The proposed law would raise the minimum threshold in order to better align the rules with changing economic realities. Additionally, the amendment aims to provide greater flexibility and ensure that the methods for selecting contractors and procurement procedures are more appropriately tailored to the needs of contracting authorities and contractors, particularly in the case of lower-value contracts that fall below the application thresholds of the PPL and the Concession Contracts Act.
The draft law also proposes changes to the regulations regarding the analysis of needs and requirements conducted by contracting authorities before initiating procurement procedures with values equal to or exceeding EU thresholds. The amendment was drafted to adapt this analysis into law. Hence the draft law was also designed to enhance competitiveness in procedures where active competition among contractors is expected.
Market access for entities from third countries
A major change, introduced through Sejm print no. 1302, constitutes a direct legislative response to the widely discussed judgment of the Court of Justice of the EU in the Kolin case (C-652/22). The ruling clarified key aspects of the principle of equal treatment in public procurement, particularly regarding contractors from third countries.
First, the proposed amendments emphasise that contracting authorities, when conducting public procurement procedures, are required to give equal treatment to contractors from EU member states and those from third countries that are parties to the Government Procurement Agreement (GPA) or other international agreements that ensure reciprocal and non-discriminatory access to the EU public procurement market. This means that eligible third-country contractors must be granted the same level of access and procedural treatment as EU-based bidders.
Secondly, in the case of contractors from third countries that are not parties to such economic agreement, the draft introduces a significant clarification. Contracting authorities may explicitly allow these contractors to participate by including a corresponding provision in the procurement documentation. If such participation is permitted, the authority is entitled to differentiate the treatment of these contractors in comparison to others in the procedure. Furthermore, such contractors will not be granted legal remedies. If, however, the contracting authority does not allow the participation of such third-country contractors, this omission will be interpreted as their exclusion from the procedure.
This amendment aims to align national rules with the EU’s legal framework and ensue consistent application of procurement principles across member states. In practice, it reinforces the position of Polish and EU-based contractors while maintaining the contracting authority’s discretion over market access. This reflects a broader EU-wide trend toward strengthening strategic autonomy and reciprocity in public procurement.
Certification of contractors
Another draft being processed (Sejm print no. 1184) concerns the certification of contractors. The Polish legislator, much like in other EU countries such as the Czech Republic or Germany, intends to limit the obligations of both contractors and contracting authorities related to the verification of contractors by obtaining a certificate confirming their standing for the purposes of procurement procedures conducted in the EU.
The obtained certificate will respectively confirm the following:
- there are no grounds for exclusion within the procurement procedure; and
- the contractor has the capacity to properly execute the agreement – serving to demonstrate to the contracting authority that the contractor’s conditions for participation in the procurement procedure have been met.
Therefore, contractors who decide to obtain certification will not be required to collect subjective means of proof each time for the purposes of procurement procedures.
The certification process is intended to be carried out either by public entities or designated certification bodies respectively in terms of non-exclusion and confirmation of capacities. The certification should be performed under an agreement concluded between the contractor involved and the relevant authority mentioned above. The data covered by the certification will be included in a dedicated database and, as a rule, made public and freely accessible.
The currently processed amendment should effectively reduce the time needed to prepare tenders, streamline the process of verifying the contractors, and improve the efficiency of the public procurement system by standardising the requirements of the contracting authorities under the conditions for participation in the tender.
Introduction of changes in the appeal procedure before the NCA
The act adopted on 21 May 2025, amending certain acts to deregulate economic and administrative law and improve the rules for drafting economic law (Journal of Laws, item 769), provides for a number of simplifications in the procedure before the National Appeals Chamber.
The main reform will be the introduction of remote hearings. A general rule will be established: if there are no obstacles to conducting a remote hearing, such as information being classified or numerous participants in the proceedings, hearings will be held remotely. If the National Appeals Chamber decides to hear a case in a remote hearing, the party or participant in the appeal proceedings will have the right to choose whether they wish to participate remotely or appear in the courtroom.
In relation to this change and to maintain the timely processing of appeals, additional deadlines have been introduced for the preparation of relevant letters and documents within these proceedings. These deadlines apply, inter alia, to the contracting authority’s response to an appeal, the contractor’s intervention in the proceedings, and the raising of claims and evidence under the prospect of losing the right to refer to them in the appeal proceedings.
Summary
The upcoming amendments to Polish PPL introduce significant changes affecting both contracting authorities and contractors. These changes aim to enhance efficiency, transparency, and competitiveness in public procurement.
Given the ongoing legislative process and the planned entry into force of new provisions, all participants of the Polish public procurement market should closely monitor legislative changes and adapt their practices to ensure compliance with regulations and benefit from the new opportunities.
For more information on planned changes to the Polish PPL, contact your CMS client partner or these CMS experts:
