Public Procurement Regulation in Poland

Last updated: 20.11.2025

Public Procurement Regulation in Poland

Public procurement, also known as government procurement, refers to the acquisition of goods, construction works, or services by the state – typically through government agencies or state-owned enterprises – and accounts for a significant share of global GDP. It allows the public sector to meet societal needs while leveraging the private sector’s capacity to deliver high-quality and cost-effective solutions, fostering innovation and economic growth.

The public procurement market in Poland

The Polish public procurement market is one of the largest and most dynamic markets in the European Union, offering significant opportunities for domestic and foreign investors.

In 2024, the total value of the public procurement market in Poland amounted to approximately PLN 587 billion.

Of this amount, the value of contracts awarded under the Public Procurement Law (PZP) reached PLN 330.4 billion, which accounted for approximately 9.07% of Poland’s gross domestic product (GDP). These figures show a clear increase compared to 2023, when the market regulated by the PZP was worth PLN 279.8 billion, which indicates the growing value and formalization of public spending. In 2024, public entities awarded a total of approximately 153,000 contracts.

Public investments cover a wide range of sectors, from construction works (road and rail infrastructure, public buildings), through supplies (IT equipment, vehicles, medical equipment), to services (consulting, cleaning, security). The main contracting authorities are government and local government entities, public companies, and other public finance sector entities. It is a stable and solvent market segment, open to international competition.

Public Procurement Under EU and National law

The public procurement system in Poland is based on a dual legal framework.

These regulations operate on two complementary levels:

1. Domestic law: The main legal act is the public procurement act of September 11, 2019 – Public Procurement Law (PZP). It regulates all aspects of public procurement in Poland and is the primary source of regulations for contracts with a value below the EU thresholds.
2. European Union law: A set of EU public procurement directives, primarily Directive 2014/24/EU, establishes harmonized rules and mandatory procedures for high-value contracts across the EU. These rules aim to ensure equal access to public markets for companies from all Member States. These directives are implemented (transposed) into the Polish legal system through the PZP.

Understanding which regulations – national or EU – apply in a given case depends on the estimated value of the contract. Correct classification of the contract is the first and fundamental step in preparing an effective bid.

Key Principles of Public Procurement Laws and Regulations In Poland

Polish public procurement law (PZP), amended in 2021 to fully implement EU procurement directives, is based on fundamental principles that must be respected in every procedure.

These include:

• The principle of fair competition and equal treatment. All contractors, regardless of their country of origin (within the EU and GPA countries), must be treated equally. The contracting authority may not apply discriminatory criteria.
• The principle of transparency. The procedure must be transparent. All key tender documentation, such as the Terms of Reference (ToR), are publicly available, and the contracting authority’s decisions must be justified.
• The principle of proportionality. The requirements imposed on contractors (e.g., regarding experience or financial capacity) must be adequate and proportionate to the subject matter of the contract.
• The principle of written form and the Polish language. The procedure is conducted in writing (in practice, in electronic form) and in Polish. Therefore, foreign contractors must ensure that key documents are translated.
• Principle of mutual recognition: Obliges contracting authorities to accept equivalent documents, certificates, and standards from other Member States.

How to Participate in Public Tenders in Poland

Who can participate in public tenders?

Participation in proceedings is open to all entities that have the legal, technical, and financial capacity to perform the contract, including foreign companies.

The key principle of non-discrimination ensures that companies based in the European Union are treated on an equal footing with Polish entities. The status of non-EU companies may depend on international agreements, such as the Agreement on Government Procurement (GPA), to which the EU is a party.

Consequently, any entrepreneur who is not subject to exclusion from the procedure and meets the conditions specified by the contracting authority may submit a bid. The contracting authority verifies two key issues:

1. No grounds for exclusion. This includes, among other things, no tax arrears, no criminal record for certain offenses, and no serious breaches in the performance of previous public contracts.
2. Fulfilment of the conditions for participation in the procedure. These are positive criteria that confirm the contractor’s ability to perform the contract. They may concern:
   • Economic or financial situation (e.g., having specific civil liability insurance, adequate annual turnover).
   • Technical or professional capacity (e.g., demonstrating experience in the performance of similar projects, having the required equipment or personnel with specific qualifications)

Where to Find Public Procurement Contract Notices in Poland

The system for publishing contract notices is centralized and fully digital. Notices are published on two main platforms, depending on the value of the contract:

1. Contracts with a value equal to or exceeding EU thresholds: All high-value contract notices must be published in Tenders Electronic Daily (TED). This is an online supplement to the Official Journal of the European Union and is a single, EU-wide portal that provides free access to information in 24 official EU languages.
2. Contracts below EU thresholds: National contract notices are published in the Polish Public Procurement Bulletin (BZP). The BZP is an integral part of the national e-Zamówienia platform, which is used not only to publish notices, but also to conduct the entire procedure electronically.

Important! The digitization and centralization of platforms lower the barriers to accessing information about tenders. Foreign investors must be prepared to navigate the Polish-language interface, understand the specifics of how the platform works, and ensure technical compliance, including having the appropriate electronic contract signature.

European Single Procurement Document (ESPD)

The European Single Procurement Document (ESPD) is a standard form in the form of a self-declaration used in EU procedures. Its purpose is to simplify procedures and reduce bureaucracy.

How does it work in practice? Instead of submitting a set of certificates from public authorities (certifying no criminal record, no arrears in social security/tax payments) with the bid, the contractor only submits a completed ESPD form, in which they declare that they are not subject to exclusion and meet the conditions for participation. Only the contractor whose bid is evaluated as the most advantageous is requested to submit the relevant documents confirming these statements.

Types and thresholds of public procurement contracts in Poland

Impact of estimated contract value on the procurement process in Poland

The value of the contract (estimated by the contracting authority before the procedure is initiated) is a key factor in determining the type of procedure. The basic division is as follows:

• Contracts with a value below EU thresholds (so-called national procedures).
• Contracts with a value equal to or exceeding EU thresholds (so-called EU procedures).

National procedures (below EU thresholds)

The Polish Public Procurement Law regulates all public contracts whose value exceeds the so-called de minimis threshold. Currently, this threshold is PLN 130,000, but under the amendment of July 25, 2025, it will be raised to PLN 170,000 as of January 1, 2026.

This change is intended to reduce the administrative burden associated with awarding contracts of lower value.

The basic procedure for domestic proceedings is the basic procedure, which can be conducted in three variants:

1. Variant I (without negotiations)

This is the simplest and fastest variant. Contractors submit their final bids in response to the announcement, and the contracting authority selects the most advantageous bid based on pre-defined evaluation criteria, without conducting negotiations.

1. Variant II (with optional negotiations)

The contracting authority reserves in the contract notice the possibility of conducting negotiations in order to improve the content of the bids. Negotiations may only concern those elements of the bid that are subject to evaluation under the criteria (e.g., price, completion date, quality parameters) and may not lead to changes in the key requirements specified in the Terms of Reference (TOR). After the negotiations are completed, contractors are invited to submit their final bids.

1. Option III (with mandatory negotiations)

In this option, negotiations are mandatory. It is used for more complex contracts where the contracting authority is unable to describe the subject of the contract precisely at the outset. Instead of a full SWZ, the contracting authority publishes a Description of Needs and Requirements (OPW). Contractors submit preliminary bids, which form the basis for negotiations. Only after their completion does the contracting authority draw up a final, detailed SWZ and invite contractors to submit final bids.

Terms of Reference (TOR)

The Terms of Reference (TOR) is the basic document in any public procurement procedure, constituting a specific instruction for contractors. It replaced the previously used Terms of Reference (SIWZ).

The SWZ must contain all the information necessary to prepare a valid bid, including, among others:

• The contracting authority’s details and the procedure for awarding the contract.
• A detailed description of the subject of the contract.
• Conditions for participation in the procedure and grounds for exclusion of a contractor.
• List of required statements and documents.
• Description of bid evaluation criteria and their weighting.
• Deadline for submission and opening of bids.
• Draft contract provisions or contract template.
• Information on legal remedies.

Regulations governing EU procedures

The legal framework for high-value contracts is provided by a package of EU directives, the most important of which are:

• Directive 2014/24/EU on public procurement (the so-called classic directive).
• Directive 2014/25/EU on procurement by entities operating in the water, energy, transport, and postal services sectors (the so-called sectoral directive).
• Directive 2014/23/EU on the award of concession contracts.

These directives establish minimum standards that the Polish Public Procurement Law must meet in relation to procedures with a value exceeding EU thresholds.

Understanding EU Procurement Procedures in Poland

EU thresholds are amounts specified in EU directives and determine whether a given contract is subject to harmonized, more stringent EU procedures or simplified national procedures. Exceeding the contract value threshold (net) automatically triggers the obligation to publish a notice in TED and to apply the procedures described in the directives. These thresholds are updated every two years by the European Commission.

For contracts exceeding these thresholds, more formalized procedures, known from EU directives, apply. The most popular of these are:

• Open procedure. In response to a public announcement, any interested contractor may submit a bid.
• Restricted procedure. First, contractors submit applications for admission to participate. The contracting authority assesses their potential and invites only those who meet the conditions to submit bids.
• Negotiations with announcement. In response to a contract notice, all interested contractors may submit applications for admission to participate in the procedure. The contracting authority invites contractors admitted to the procedure to submit preliminary bids, negotiates with them to improve the content of the preliminary bids and bids submitted at the negotiation stage, and then invites contractors to submit final bids.
• Competitive dialogue. In response to the contract notice, all interested contractors may submit applications for admission to the procedure. The contracting authority conducts a dialogue with the contractors invited to participate on the solutions they have proposed. After the dialogue is completed, it invites them to submit bids.
• Innovative partnership. In response to the contract notice, all interested contractors may submit applications for admission to the procedure. The contracting authority invites contractors admitted to participate in the procedure to submit preliminary tenders, conducts negotiations with them in order to improve the content of the preliminary tenders and tenders submitted at the negotiation stage, after which it invites them to submit tenders for research and development work aimed at developing an innovative product, service, or construction works. It then purchases the supplies, services, or construction works resulting from the research and development work on the basis of which the innovative product, service, or construction works were developed, provided that they correspond to the performance levels and maximum costs agreed between the contracting authority and the contractor or contractors.
• Negotiations without prior publication. The contracting authority negotiates the terms of the public contract with contractors of its choice and then invites them to submit bids.
• Single-source contracts. The contracting authority awards the contract after negotiations with only one contractor, once the conditions for using this procedure have been met.

Current EU thresholds for 2024-2025

The thresholds are set by the European Commission and updated every two years. The following values apply for 2024-2025 (average exchange rate 1 EUR = 4.6371 PLN):

Based on the official exchange rate of EUR 1 = PLN 4.6371 for 2024-2025.

Participation of foreign contractors in Polish tenders (cross-border)

The participation of foreign contractors in Polish tenders is not only possible today, but increasingly a very profitable direction for expansion. Poland remains one of the largest public markets in the region, and a well-prepared foreign contractor can successfully compete with local entities.

Language of the procedure

Despite the participation of foreign entities, the procedure is conducted in Polish. All statements, documents (including ESPD) and the bid itself must be prepared in Polish.

If the original documents (e.g., references, financial statements) are in another language, a certified translation into Polish must be attached.

Equal treatment of EU and GPA contractors

The Polish market is fully open to foreign contractors.

• Contractors from the European Union have the full right to participate on exactly the same terms as Polish companies.
• Contractors from countries that are parties to the Government Procurement Agreement (GPA), such as the US, Canada, Japan, and the UK, also have access to the Polish market on a reciprocal basis.
• Contractors from other countries may participate in proceedings, unless an international agreement provides otherwise. However, the contracting authority has the right to reject their bid in certain cases.

How to apply for government contracts in Poland?

The process of submitting a bid by a foreign contractor can be summarized in the following steps:

1. Identifying opportunities: Monitoring the TED and BZP/e-Zamówienia platforms.
2. Downloading and analyzing documentation: Carefully reviewing the content of the SWZ.
3. Obtaining a qualified electronic signature (KPE): Ensuring compliance with the eIDAS Regulation.
4. Preparing the bid: Preparing all required documents, including the ESPD (for EU procedures).
5. Translation and legalization of documents: Ordering translations and, if necessary, obtaining an Apostille clause.
6. Submitting a bid: Submitting a complete bid via the designated electronic platform before the deadline.

We assist foreign investors at each of these stages, offering comprehensive services.

Joint bidding (consortia) and executing a joint project

Contractors may jointly apply for a contract by forming a consortium. This is a popular solution that allows them to combine their technical and financial potential, experience, or knowledge of the local market, especially in large projects.

A consortium does not create a new legal entity, and its operation is based on a civil law agreement between the partners.

The key features of a consortium are:

• Joint and several liability of all members for the proper performance of the contract.
• The obligation to appoint a representative (leader) who will represent the consortium in the proceedings and in contacts with the contracting authority.

Subcontracting

The contractor (general contractor) may entrust the performance of part of the contract to subcontractors. However, it should be remembered that:

• The general contractor bears full responsibility to the contracting authority for the entire contract, including the actions and omissions of subcontractors.
• The contracting authority may require the contractor to indicate in its bid which parts of the contract it intends to subcontract and to provide the names of the subcontractors, if already known.
• With regard to key parts of the contract, the contracting authority may stipulate that the general contractor must perform the work personally, excluding the possibility of subcontracting.

What is a qualified electronic signature and why do I need it?

Since all public procurement procedures in Poland are conducted electronically, a qualified electronic signature (QES) is mandatory for submitting a valid bid. This signature must comply with the EU eIDAS Regulation, which means that a qualified signature issued by a certified provider in any EU member state is fully recognized in Poland.

This is a significant simplification for bidders from the EU. Companies from outside the EU must ensure that they obtain an eIDAS-compliant signature, which is one of the first practical steps to be taken.

Recognition of official documents: Apostille and legalization

In order for foreign official documents (e.g., a copy of the commercial register, a certificate of no criminal record) to be valid in Poland, they must be properly authenticated. The procedure depends on the country of origin of the document:

• States parties to the 1961 Hague Convention: Documents require an Apostille clause. This is a simplified, one-step certification procedure carried out by a designated authority in the country of origin of the document.
• EU Member States: Under Regulation (EU) 2016/1191, many standard official documents (e.g., civil status records, certificates of no criminal record) are exempt from the Apostille requirement in transactions between Member States. This is a significant administrative simplification, although it does not apply to all documents.
• Other countries: Full, multi-stage legalization of the document is required, which usually involves certification by the Ministry of Foreign Affairs of the country of origin, followed by certification by the Polish consular office in that country.

Although the law aims to ensure equal opportunities, internal EU law create a natural advantage for EU companies, which can prepare bids faster and at lower cost thanks to the exemption from the Apostille requirement. Investors from outside the EU must factor in the additional time and costs associated with document legalization in their bid preparation schedule, which poses a real competitive challenge.

Legal remedies

Appeal to the National Appeal Chamber (KIO)

If a contractor believes that the contracting authority has violated the provisions of the Public Procurement Law and that its interest in obtaining the contract has been or may be harmed, it may lodge an appeal with the National Appeal Chamber (KIO) in Warsaw. The KIO is a specialized quasi-judicial body that resolves disputes in public procurement.

Examples of violations that may be grounds for appeal:

• Unlawful description of the subject matter of the contract
• Selection of a bid that should have been rejected
• Unlawful rejection of a contractor’s bid
• Violation of the principles of fair competition

Deadlines, costs, and procedure

The deadlines for lodging an appeal are as follows:

• In EU proceedings: 10 days from the date on which the contractor became aware of the circumstances giving rise to the appeal (e.g., from the date of receipt of information about the selection of the most advantageous bid).
• In domestic proceedings: 5 days.

Lodging an appeal requires the payment of a fee, the amount of which depends on the value and type of such contract and ranges from PLN 7,500 to PLN 20,000.

As a rule, the losing party bears the costs of the proceedings. The court fee for appealing against a decision of the National Appeal Chamber to a common court is three times the appeal fee.

The appeal is lodged with the President of the National Appeal Chamber in writing or electronically (with a qualified electronic signature). A copy of the appeal must be sent to the contracting authority.

The KIO is required to hear the appeal within 15 days of its receipt. The proceedings include a public hearing during which the parties present their arguments and evidence.

The National Appeal Chamber issues a ruling in which it may uphold the appeal (ordering the contracting authority, for example, to invalidate the action, repeat the evaluation of bids, or amend the content of the SWZ) or dismiss it.

Public procurement in the defense and security sector

Military procurement – Specificity and separate regulatory framework

Procurement in the field of defense and security is a special area of the market. Although the Public Procurement Law contains a dedicated chapter regulating such procurement, in practice, procedures excluding its application are often used.

The fundamental interest of state security as a key exemption

The most important legal basis for not applying standard Public Procurement Law procedures is Article 346 of the Treaty on the Functioning of the European Union (TFEU). This provision allows Member States to take the measures necessary to protect their essential interests of national security relating to the production of or trade in arms, munitions, and war material.

In practice, this means that the Ministry of National Defense and its subordinate units (such as the Armament Agency) may award contracts without competitive public procurement procedures if this is justified by the strategic interests of the state. Such procedures are often conducted through negotiations with a single contractor or in the form of intergovernmental agreements.

FAQ: Public Procurement proceedings in Poland