Public procurement law

The Polish Public Procurement Act states that tender procedures require expertise, accuracy and attention to detail. We have mastered all of these elements to perfection, having handled the major public tenders in Poland.

About this practice area

We advise at all stages of the tender procedure,  from drafting and publication of calls for tenders to conducting the tender itself and addressing any other procedural issues. We advise contracting authorities on selecting the contractor and concluding the agreement,  implementation of the agreement, and any disputes that arise. Equally, we advise contractors, guiding them through the tender procedure until the agreement is concluded. We also represent contractors in any disputes that arise and assist them with implementation of the contract. We specialize primarily in tenders in the IT and telecommunications sectors, but we also successfully advise entities in the regulated sectors (energy and transport) as well as healthcare — especially on projects in which medicine and new technologies intersect. Members of the Public Procurement team are active members of the Polish Chamber of Information Technology and Telecommunications (PIIT) and working groups appointed by the Polish Public Procurement Office (UZP).

Our approach to advising on public procurement law focuses on genuinely supporting pursuit of strategic business goals and consciously managing risk. We look beyond the procedural aspects, and analyze the procedure in a broader operational and contractual context, anticipating legal and business consequences that may arise at later stages. We also ensure that the measures taken are consistent with the client’s long-term interests.

Our work has been recognized by public procurement market experts. The Public Procurement team earned the title Leading Law Firm in the 23rd Rzeczpospolita Law Firm Ranking.

What we do?

We advise contractors and contracting authorities at every stage of the public procurement procedure, and assist with implementation of the contract when the procedure is concluded. We often begin advising even before the tender is formally announced, when the contracting authorities define their strategic objectives.

Services for contractors:

  • preliminary market consultations,
  • analysis of the terms of reference (ToR) and draft contracts, and drawing up questions regarding the ToR or appeals to the National Appeals Chamber regarding the content of the ToR,
  • support in arranging relationships with partners (consortium members, entities providing resources, and subcontractors), including negotiating relevant letters of intent and agreements,
  • drafting and submitting bids and requests to participate in the tender,
  • handling disputes with competitors outside of formal appeal proceedings when they challenge the contractor’s position or solutions,
  • representation before the National Appeals Chamber and the Regional Court — Public Procurement Court.

Services for contracting authorities:

  • drawing up funding applications and internal approvals, and assisting with preliminary market consultations,
  • drafting the ToR, draft contracts and responses to questions concerning the ToR,
  • working within the tender committee, mainly as experts,
  • analyzing bids and requests to participate in the tender,
  • representation before the National Appeals Chamber and the Regional Court — Public Procurement Court,
  • assisting with monitoring the awarding of public contracts.
Cooperation benefits

Successfully navigating the public procurement system requires not only knowledge of the regulations but also an understanding of the specifics of the subject matter and market realities. Our team has advised on public procurement proceedings for years, combining legal competencies with a deep understanding of industry specifics, especially in a broad range of ICT projects, but in the energy, transport, and healthcare sectors as well.

We translate our knowledge and experience into practical assistance for clients. We ensure that the know-how developed and the solutions we jointly devise remain within the organization and continue to serve as an aid for the client even once a specific procedure has come to an end. Our support is not just temporary; it is a real investment in building competencies on the client’s side.

This is evidenced by hundreds of successfully completed projects and the trust placed in us by our long-standing clients.

Why choose us?
  • advice on all aspects, going beyond public procurement law,
  • advice based on an understanding of the specifics of the client’s business and goals,
  • a dedicated team highly knowledgeable in the subject area with a real sense of responsibility for the project,
    responsiveness, especially in projects requiring immediate action,
  • experience confirmed by years of practice and a presence in leading legal rankings.

Advisers

Related articles

10 Jun 2025

Proposed changes in public procurement - new rules for foreign economic operators  

Work on amending the Act of 11 September 2019 on Public Procurement Law is in progress. Their aim is to enable the restriction of the participation of economic operators from the so-called third countries in public procurement procedures. The proposed amendment responds to the judgement of the EU Court of Justice (C-652/22; Kolin Inşaat Turizm Sanayi ve Ticaret AȘ v Državna komisija za kontrolu postupaka javne nabave; ECLI:EU:C:2024:910). It confirmed that economic operators from countries that have not concluded relevant international agreements with the EU do not have guaranteed access to the EU public procurement market. 

18 Jul 2024

The future of public procurement in the context of the ongoing legislative work on the implementation of NIS 2

By 17 October this year, EU member states are required to implement the NIS 2 Directive, which changes the cybersecurity landscape in the European Union. Public administration bodies have been included as regulated entities, implying changes to public procurement law. The changes affect both the central and local government levels. 

03 Apr 2024

The Public Procurement Office confirmed the possibility of the contracting authority's possibility to transfer receivables due to a subcontractor

The contracting authority awards the public contract to a specific contractor selected through a tendering procedure. Consequently, the contractor’s ability to assign the rights and obligations that arise from the contract with the contracting authority to another entity is significantly limited. However, the transfer of a monetary claim under the contract does not lead to a change in the parties to the concluded contract – the contractor selected in accordance with the law remains obliged to perform the public contract. To date, however, there has been no clear position from the Public Procurement Office confirming this possibility, with the result that contracting authorities may have been reluctant to make payments to subcontractors.

29 Dec 2023

Requirements applicable when subcontracting in a public tender

A crucial determination to be made prior to submitting a bid in a public tender is the available resources of the contractor concerned. This will require a precise examination of the contractor’s capacity to perform the tender contract properly, in view of their organizational and technical resources.

15 Dec 2023

Exclusion of a contractor due to prior convictions

When a contractor applies for a public tender in Poland, they are required to show that there are no grounds for excluding them from the procedure. One cause of exclusion is legally binding conviction of a contractor (natural person), or persons vital to the contractor’s business activity, for certain offences. Persons key to the business are usually management board or supervisory board members in the case of capital companies, partners in the case of partnerships, and commercial proxies. According to the specific circumstances, this problem might also affect a firm that makes resources available to a contractor.

21 Sep 2023

IT sector’s recommendations on indexation posted on Public Procurement Office website

The Public Procurement Office has recently published a set of sample indexation clauses drawn up by IT sector organizations on its website. This is a document intended primarily as an aid for contracting authorities, as they have an obligation to include these clauses in public tender agreements.

30 Jun 2023

Transfer of claims from a public procurement contract

Public procurement contracts are subject to several important limitations on freedom of contract. This gives rise to the need to take a case-by-case look at certain contractual issues which are known under the provisions of the Civil Code (CC) , but should be interpreted taking into account the wording and purpose of the regulations of the Public Procurement Law (PPL) . Such issues include the transfer of claims from the remuneration for the performance of the contract, the securing of this remuneration or the possibility of assuming a debt in the form of an obligation to perform the contract.

04 Jan 2023

More intense measures by the Polish Public Procurement Office to draw up standards for indexation of fees in public construction work contracts

Under article 439 of the Public Procurement Law, where public procurement agreements are concluded for a term exceeding six months, a contracting authority is required to specify the rules on adjustment (indexation) of a contractor’s fee if prices of materials or costs of performance of the contract increase.

04 Aug 2022

Indexation of remuneration in public tender contracts

Changes in prices of materials and raw materials on international markets have a major effect on the Polish public procurement market. The May 2022 consumer price indices published by the Central Statistical Office show an increase in prices of goods and services in May 2022 of 13.9% (prices of goods by 14.9% and services by 10.8%) compared to the same month in the previous year.

09 Jun 2022

A new form of cybersecurity public tender in Poland. Another in the series of amendments to the National Cybersecurity System Act of 15 March 2022 has been released

The National Cybersecurity System Act of 5 July 2018 forms the legal and institutional bases for cybersecurity in Poland. On 15 March 2022, another version of the proposed amendment to the act was published on the Government Legislation Centre website. This could have major implications, including for the public procurement market in Poland. The proposal allows a business undertaking to be classified as a high-risk supplier, and this may result in a bid being rejected.

13 Oct 2021

New guidelines issued by the President of the Polish Public Procurement Office on tenders for computers for use by contracting authorities

The Polish Public Procurement Office (UZP) has published UZP President guidelines on awarding public contracts for supply of computers. This is a document of technical nature, containing practical tips on drafting documentation in tenders for supply of various types of computers (desk-top computers, portable computers, all-in-one computers, etc.). The document does not form part of the current legal regime, and only specifies best practices. It has been approved by the Council of Ministers Committee for Digital Affairs and by the Central Anti-Corruption Bureau. The document is available here.

02 Jul 2021

Can a court put conclusion of an agreement by a contracting authority on hold pending review of a complaint contesting a National Appeals Chamber ruling?

In Poland, filing a complaint with the KIO concerning the outcome of a tender or the wording of tender documentation (the first instance) is the principal legal remedy. Under the Public Procurement Law of 11 September 2019, a KIO ruling can be contested before the Warsaw Public Procurement Court (second instance). A complaint is not a very appealing legal remedy, however, because under the law, once the KIO has delivered a ruling, the contracting authority is not required to wait for the ruling on the complaint, and may proceed to conclude an agreement with a contractor even if a competitor intends to contest the KIO ruling in the second instance. In this scenario, even if the contractor successfully contests the KIO ruling in court, it still will not be awarded the contract. At best, the contractor can expect the court to find the contracting authority to be in breach of the act of law, and can seek compensation in a separate lawsuit that will be expensive, difficult to win, and lengthy.