Changes in Public Procurement
As of 1 January 2026, the threshold for the value of supplies and services subject to the Public Procurement Law and the Concession Act for construction works will rise from PLN 130,000 to PLN 170,000. This change reflects inflation and aims to align regulations with market realities, although it is not expected to significantly reduce the number of proceedings conducted under the full procedure.
Greater flexibility for smaller contracts
The increase in the de minimis threshold means that contracting authorities will have greater freedom in spending smaller amounts. The PLN 170,000 threshold does not allow for the implementation of major investments such as construction projects or long-term security services. The previous threshold had been in place for four years, which further justifies its adjustment to the current economic and legal environment.
New obligation to assess market competitiveness
The amendment also introduces the obligation to examine the impact of planned procurement on market competitiveness. Already at the needs and requirements analysis stage, the contracting authority must indicate how it will shape the procurement conditions to enhance competition. A new provision has also been added regarding the use of competitive procurement procedures.
Restrictions on non-EU contractors
The amendment restricts the participation of contractors from third countries that do not have agreements with the EU guaranteeing reciprocal market access. This stems from CJEU rulings in cases C-652/22 and C-266/22, which confirmed that such entities do not have automatic access to the EU public procurement market and require an individual assessment of their eligibility.
Contracting authority’s discretion in admitting contractors
Contracting authorities may independently decide whether to admit third-country contractors to procurement procedures or concession agreements. The provisions raising the monetary threshold for public procurement will take effect on 1 January 2026, while those concerning non-EU contractors will apply as of 9 September 2025.
Public procurement contractor certification law
The President has also signed into law the Act on the Certification of Public Procurement Contractors. Its goal is to simplify participation in procurement procedures. Instead of submitting multiple separate certificates, a contractor will be able to present a single document confirming the absence of exclusion grounds or the possession of the required capacities, thereby shortening bid preparation time and reducing administrative costs.
Validity and acceptance of certificates
Certificates will be valid for one to three years, depending on the contractor’s choice. Contracting authorities will not be allowed to refuse their acceptance. The certificate will replace the previous obligation to provide numerous documents during the procurement process, thus streamlining and expediting participation in public procurement while reducing formal burdens for businesses.
Two types of certification
The amendment provides for two types of certification: one confirming the absence of exclusion grounds and the other confirming the contractor’s ability to properly perform the contract. The second type covers, among other things, experience, qualifications, professional licenses, and other resources that the contractor can use across various proceedings, thereby enhancing competitiveness and improving chances of winning tenders.
