The Act Of 29 January 2004 Public Procurement Law

Original Language Title: USTAWA z dnia 29 stycznia 2004 r. Prawo zamówień publicznych

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ACT

of 29 January 2004

Public procurement law

SECTION I

General provisions

Chapter 1

Subject of regulation

Article 1. [ Regulatory scope] The Act lays down rules and procedures for the award of public contracts, measures of legal protection, control of the award of public contracts and competent authorities in matters governed by law.

Article 2. [ Definitions] Whenever there is a law in the law:

1) the price-shall be understood by the price within the meaning of the art. 3 para. 1 point 1 and paragraph. 2 of the Act of 9 May 2014. o information on the prices of goods and services (Dz. U. Entry 915);

(1a) the life cycle of the product-this must be understood by all possible subsequent phases of the product's existence, that is: study, development, industrial design, production, repair, modernisation, change, maintenance, logistics, training, testing, Withdrawal and disposal;

2) deliveries-this is understood by the acquisition of things, rights and other goods, in particular on the basis of a contract of sale, delivery, lease, lease and leasing;

2a) a dynamic purchasing system-this must be understood by the limited electronic procurement process, the subject of which is the supply of commonly available supplies on the basis of a contract of sale or a universal service. available;

3) the procurator's manager-this must be understood by the person or body, who-in accordance with the applicable regulations, statutes or contract-is entitled to the management of the procurator, with the exclusion of the proxies established by the procurator;

4) (repealed)

5) of the most advantageous tender-this must be understood by the offer which represents the most favourable price and other criteria relating to the subject matter of the public contract, or the tender with the lowest price, and in the case of public contracts in the scope of creative or scientific activity, the subject of which cannot be described in advance in a clear and exhaustive manner, an offer which represents the most favourable price and other criteria relating to the subject matter of the public contract;

(5a) critical construction works-this must be understood by construction works for safety purposes which involve the use of classified information, require them to be used, or contain them;

5b) critical equipment-this must be understood by means of safety equipment which involves the use of classified information, requires or contains use of classified information;

5c) critical services-this should be understood by services for security purposes which involve the use of classified information, require them to be used, or contain them;

5d) construction works-this is the result of the result of all construction works in the field of construction or civil engineering, which may be a self-fulfilling economic and/or technical function;

6) a partial offer-this must be understood by the offer providing, in accordance with the specifications of the relevant terms of the contract, the execution of the part of the public contract;

7) a variant offer-this shall be understood by the offer providing, in accordance with the conditions set forth in the specification of the essential terms of the contract, different from the one specified by the procuring means of the execution of the public contract;

(7a) the procurement procedure shall be understood to mean the procedure initiated by means of a public contract notice or the sending of a call for tenders or the invitation to negotiate for the purpose of making a selection of the tender. the contractor to which the contract on public procurement is to be concluded, or, in the case of a mode of negotiated contract, to negotiate the provisions of such a contract;

8) construction works-this should be understood by the execution or design and execution of the works specified in the provisions issued on the basis of art. 2c or the construction object, as well as the execution of the construction object, by any means, in accordance with the requirements specified by the procuring;

8a) military equipment-shall be understood by equipment specially designed or adapted for military use and intended for use as a weapon, ammunition or war material;

8b) a crisis situation-it must be understood by this:

(a) war,

(b) armed conflict,

(c) any situation in which a damage occurs or inevitably occurs, clearly in excess of the size of the damage occurring in the daily life and the endangering life and health of a number of persons or which has serious repercussions on the material goods, or requiring action to be taken in order to provide the population with the means necessary for survival;

(9) public resources-this must be understood by public funds within the meaning of the public finance law;

(9a) a framework agreement-a contract concluded between the contracting authority and one or more economic operators, the purpose of which is to lay down the conditions relating to public contracts which may be awarded during the period in question, in particular the prices of those contracts, and, where appropriate, the quantities envisaged;

(9b) subcontracting contract-shall be understood by that contract in writing of a payment nature which is the subject of services, supplies or works forming part of a public contract concluded between the contracting authority chosen by the contracting authority or the contract of the European Community. the contractor and another entity (subcontractor), and in the case of public works contracts, also between the subcontractor and the further subcontractor or between further subcontractors;

(10) services-this must be understood by all benefits which are not the subject of works or supplies and are services specified in the provisions adopted on the basis of art. 2a or art. 2b;

(11) an economic operator, which shall be understood to mean a natural person, a legal person or an organisational unit without legal personality which applies for the award of a public contract, has made an offer or has entered into an agreement on a public contract;

11a) Civil purchases-this must be understood by means of orders other than those referred to in Art. 131a (1) 1, which includes orders for non-military supplies, works or services for logistical purposes;

12) the contracting authority-either a natural person, a legal person or an organizational unit which does not have legal personality, is obliged to apply the law;

(13) public procurement contracts, which must be understood by the contract between the contracting authority and the contractor for which the services, supplies or works are the subject of the contract.

Art 2a. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, a list of priority and non-priority services, taking into account the provisions of Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004. on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts and Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.

Article 2b. [ Delegation to the Regulation on the list of priority and non-priority services] The President of the Council of Ministers shall determine, by means of a regulation, a list of priority and non-priority services, taking into account the provisions of Directive 2009 /81/EC of the European Parliament and of the Council of 13 July 2009. on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004 /17/EC and 2004 /18/EC.

Art. 2c. [ Delegation for the issue of the regulation on the list of works] The President of the Council of Ministers will determine, by means of a regulation, the list of works, taking into account the provisions of Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004. on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts and Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.

Article 3. [ Scope of application] 1. The Act shall apply to the award of public contracts, hereinafter referred to as "contracts", by:

1) units of the public finance sector within the meaning of the provisions on public finances;

2) other than those referred to in point 1, state organisational units without legal personality;

(3) other than those referred to in point 1, legal persons set up for the specific purpose of meeting needs of a universal nature which are not of an industrial or commercial nature, if the entities referred to in that provision and in points 1 and 2, individually or jointly, directly or indirectly by another entity:

(a) finance them in more than 50%, or

(b) have more than half of the shares or shares, or

(d) they have the right to appoint more than half of the composition of the supervisory or management body;

(3a) the associations of entities referred to in points 1 and 2, or of the entities referred to in point 3;

(4) other than those referred to in points 1 to 3a, where the contract is awarded for the purpose of carrying out one of the activities referred to in Article 1 (1) (b) of the Directive, 132, and this activity is exercised on the basis of specific or exclusive rights, or if the entities referred to in points 1 to 3a, alone or jointly, directly or indirectly by another entity exert a dominant influence, in particular:

(a) finance them in more than 50%, or

(b) have more than half of the shares or shares, or

(d) exercise supervision of the managing authority, or

(e) have the right to appoint more than half the composition of the management body;

(5) other than those referred to in points (1) and (2), if the following circumstances are cumulative:

(a) more than 50% of the value of the contract awarded by them shall be financed by public funds or by the bodies referred to in points 1 to 3a,

(b) the value of the contract shall be equal to or exceeds the amount specified in the provisions of the law issued 11 (1) 8,

(c) the object of the contract is works involving civil engineering activities, construction of hospitals, sports, recreation or leisure facilities, school buildings, higher education buildings or buildings used by public authorities or services related to such construction works;

6) (repealed)

7) entities with whom the contract was concluded for works contracts on the basis of the Act of 9 January 2009. concerning works or services concessions (Dz. U. of 2015 items 113), in so far as they award the contract for the performance of the contract.

2. Special or exclusive rights within the meaning of the paragraph. 1 point 4 shall be the rights granted by means of a law or administrative decision consisting in the reservation of the pursuit of a particular activity for one or more entities, if the fulfilment of certain separate provisions of the conditions of acquisition such rights shall not be obliged to grant them.

3. The entities referred to in paragraph. 1, granting financial resources for the financing of the project may make their award conditional upon application in the cost of equal treatment, fair competition and transparency.

Article 4. [ Exemption of application of the law] The Act shall not apply to:

1. contracts awarded on the basis of:

(a) a specific procedure for an international organisation different from that laid down in the Act,

(b) international agreements to which the Republic of Poland is a party concerning the stationing of troops, if those agreements provide for other contracts than the law of the procurement procedure,

(c) an international agreement concluded between the Republic of Poland and one or more non-Member States of the European Union concerning the implementation or implementation of a project by the parties to that agreement, where that agreement provides for non-statute procurement procedures;

2) orders of the National Bank of Poland related to:

(a) the performance of tasks relating to the implementation of monetary policy, and in particular the procurement of financial services relating to the issue, sale, purchase and transfer of securities or other financial instruments,

(b) the turnover of securities issued by the State Treasury,

(d) the issue of cash and the holding of these marks,

(e) collection of foreign reserves and management of these reserves,

(f) the collection of gold and precious metals,

(g) the conduct of bank accounts and the carrying out of bank accounts;

2a) orders of Bank Gospodarstwa Krajowego:

(a) in connection with the implementation of tasks concerning the servicing of funds created, entrusted or transferred to the Bank Gospodarstwa Krajowego on the basis of separate laws and implementation of government programmes, in part concerning:

-to conduct bank accounts, to conduct bank accounts and to operate in the interbank market,

-to mobilization of funds to provide financial liquidity, to finance the activities of the funds and programmes supported and to refinance the credit operations,

(b) relating to operations in the interbank market concerning the management of the State Treasury and the liquidity of the State budget,

c) related to the execution of banking activities by Bank Gospodarstwa Krajowego, in part concerning:

-to open and maintain bank accounts, to conduct bank accounts and to operate in the interbank market,

-to mobilization of funds to provide financial liquidity and to refinance the credit operations;

3. contracts with the object of:

(a) arbitration or conciliation services,

b) services of the National Bank of Poland,

(d) (repealed)

(e) scientific research and development services and the provision of research services which are not entirely paid by the contracting authority or whose benefits are not exclusively attributable to the contracting authority for the purposes of its own activities,

(f) (repealed)

(g) the acquisition, preparation, production or co-production of programme materials intended for broadcasting on radio, television or the Internet,

h) the purchase of airtime,

(i) the acquisition of property and other rights to immovable property, in particular lease and rental,

(j) financial services relating to the issue, sale, purchase or transfer of securities or other financial instruments, in particular those relating to transactions with a view to obtaining money or capital for the procuring entity,

(k) the supply of emission allowances to the air of greenhouse gases and other substances, certified emission reductions and emission reduction units, within the meaning of the provisions on emissions trading for greenhouse gas emissions and other substances,

(l) Bank Gospodarstwa Krajowego w zakresie bankowa servicing units, as referred to in art. 3 para. 1 (1) and (2), except for local government units;

4) labour law contracts;

4a) (repealed)

5) orders to which the "secret" or "top secret" clause has been given in accordance with the provisions for the protection of classified information, or if the essential interest of the state security or the protection of public safety requires it;

(5a) contracts in the framework of the implementation of development cooperation provided by military units within the meaning of the provisions on the rules of use or residence of the Armed Forces of the Republic of Poland outside the State, if their value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

(5b) contracts relating to the production of, or trade in, arms, munitions or war materials referred to in Article 3 (1) of the EC Convention. (b) Article 346 of the Treaty on the Functioning of the European Union, if the essential interest of the security of the State so requires, and the award of a contract without application of the law will not adversely affect the conditions of competition in the internal market for which are not intended for military use only;

6) contracts for services awarded to another contracting authority referred to in art. 3 para. 1 points 1 to 3a, to which they have been granted, by means of a law or administrative decision, the exclusive right to provide those services;

(7) the award of grants from public funds, if these grants are awarded on the basis of laws;

8) orders and contests, the value of which does not exceed the amount of EUR 30 000 expressed in the golden equivalent;

8a) contracts which are the subject of supply or services for the sole purpose of research, experimental, scientific or development activities which do not serve the purpose of the procuring of a serial production for the purpose of achieving viability If their value is less than the amounts specified in the provisions adopted pursuant to the Article, market and/or cover costs of research or development. 11 (1) 8;

8b) contracts for the supply or service of cultural activities related to the organisation of exhibitions, concerts, contests, festivals, spectacles, theatre performances, cultural education and/or collection projects library materials by libraries or museums, if these orders do not serve to equip the ordering party with fixed assets intended for the ongoing operation of its operations and their value is less than the amounts specified in the provisions issued on Article 1 11 (1) 8;

8c) orders, the subject of which are supplies or services from the scope of educational activities connected with the collection in the library of school textbooks, educational materials and exercise materials referred to in the Act of 7 September 1991. o system of education (Dz. U. of 2004 Nr 256, pos. 2572, as of late. zm.), if these orders do not serve to equip the ordering party with fixed assets intended for the ongoing operation of its operations and their value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

8d) contracts which are the subject of services or works carried out in the area of the Special Revitalisation Zone and implementing the revitalisation projects contained in the communal revitalisation programme referred to in Chapters 4 respectively and 5 of the Act of 9 October 2015. o Revitalization (Dz. U. Entry 1777), if their value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8 and if these contracts are awarded for activation of persons residing in the area of the Special Revisilization Zone;

9) (repealed)

10) orders, the main purpose of which is:

(a) the authorisation of the contracting authority to make available to the public telecommunications network, or

(b) the operation of the public telecommunication network, or

11) the acquisition of supplies, services or works from the central ordering party or from contractors chosen by the central ordering party;

12) works concessions and concessions for services within the meaning of the Act of 9 January 2009. a concession for works or services;

13) contracts awarded to the institutions of the budgetary economy by a body of public authority performing the functions of the founding body of that institution, if the following conditions are met:

(a) the essential part of the activities of the budgetary authority concerns the exercise of public tasks in favour of that public authority,

(b) the public authority exercises control over the budgetary authority of the budgetary authority corresponding to the control over its own units which do not have legal personality, in particular the impact on strategic and individual decisions. on the management of institutions ' affairs

(c) the subject matter of the contract falls within the scope of the core business of the budgetary management institution as defined 26 par. 2 point 2 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.);

14) contracts awarded by the Minister of Justice or the organizational unit of the Prison Service to imprisoned works carried out as state enterprises or the institutions of the budgetary economy, if the following are fulfilled: conditions:

(a) those contracts are awarded for the employment of persons deprived of liberty,

(b) the value of the contract is less than the amounts specified in the provisions issued under the Article. 11 (1) 8,

(c) the essential part of the establishment of the imprisonship of the establishment shall relate to the tasks of the Minister of Justice or of the Organisational Units Of Prison Service,

(d) the subject-matter of the contract falls within the scope of the establishment of the primary

(15) contracts awarded by the municipal office or municipal organisational units to non-governmental organisations or social cooperatives, where the following conditions are met:

(a) the contracts are carried out in the area of the Special Revitalization Zone and the realisation of the revitalisation projects contained in the municipal revitalisation programme referred to in Chapters 4 and 5 of the Act of 9 October 2015 respectively. Revitalization,

(b) the value of the contract is less than the amounts specified in the provisions issued under the Article. 11 (1) 8,

c) the essential part of the contractor's activity is performed in the area of revitalization, referred to in Chapter 3 of the Act of 9 October 2015. Revitalization,

(d) the subject matter of the contract is one of the economic operators

Article 4a. (repealed)

Article 4b. [ Exemption of application of the law] 1. The Act does not apply to the orders referred to in Art. 131a (1) 1:

1) subject to:

a) a special procedure on the basis of an international agreement to which the Republic of Poland is a party, concluded with one or more non-member states of the European Union, or an agreement concluded at ministerial level,

b) special procedure on the basis of an international agreement to which the Republic of Poland is a party, or a ministerial agreement, related to the stationing of troops and concerning entrepreneurs, irrespective of their place of establishment or place of residence,

(c) the specific procedure of an international organisation, if the contracts must be awarded by the Republic of Poland in accordance with that procedure;

2) in the case of which the application of the provisions of the Act obliges the ordering party to provide information, the disclosure of which is contrary to the fundamental interests of the security of the State;

3) awarded for the purpose of intelligence activities;

4. awarded in the framework of a cooperation programme based on research and development, carried out jointly by the Republic of Poland and at least one Member State of the European Union over the development of a new product and, where applicable, to the later stages of all or part of the life cycle of the product;

5) awarded in a country which is not a member of the European Union, including the civil purchases carried out during the deployment of the armed forces, and the forces to which the essential tasks of the security protection are, where operating considerations require that they be given to contractors located in the area of operation;

6) awarded by the Government of the Republic of Poland to the Government of another State related to:

(a) supplies of military equipment or critical equipment,

(b) construction works and services directly linked to such equipment, or

7) the financial services, with the exception of insurance services, are the subject of financial services.

2. The purchaser shall not enjoy the principles, procedures, programs, systems or procurement in the fields of defence and security referred to in art. 4 points 5 and 5b and in Article 4b ust. 1, in order to avoid application of the provisions of the Act.

3. In the case of the contracts referred to in paragraph. 1 point 4, the contracting authority after the opening of the programme is to inform the European Commission of the part of the expenditure on research and development concerning the overall costs of the cooperation programme, the agreement on the allocation of costs and the planned contracts for the each Member State.

Article 4c. [ Delegation] The Council of Ministers will determine, by way of regulation, on a proposal from the Minister of National Defence and the Minister responsible for internal affairs, in agreement with the Minister responsible for the Treasury, the Minister for Foreign Affairs and the Minister the competent authority of the economy, the procedure for assessing the existence of a fundamental interest in the security of the State, bearing in mind the obligation to ensure the correct application of the Article. (b) the Treaty on the Functioning of the European Union and the need to ensure the security of supply of military equipment, as well as the proper execution of repair and repair of military equipment.

Article 5. [ Proceedings for awarding contracts with non-priority services] 1. To procurement procedures, the subject matter of which are non-priority services specified in the provisions issued on the basis of art. 2a and 2b, the provisions of the Act concerning the time limits for the submission of applications for participation in proceedings or time limits for the submission of tenders, the obligation to require a tendering security, the obligation to require documents proving compliance with the conditions for participation in the proceedings, the prohibition of the criteria for the evaluation of tenders on the basis of the characteristics of the contractor and the conditions for the choice of the mode of negotiation with the notice, the competitive dialogue and the electronic auction.

1a. (repealed)

1b. In the case of contracts for which legal services are the subject of a procedural replacement before courts, tribunals or other judicial authorities or legal advice in the field of procedural substitution, or if required by the protection of important rights or interests of the State Treasury, the provisions of the Act concerning the reasons for choosing the mode of negotiation without notice and the reasons for choosing the mode of order from the free hand shall not apply.

2. If the contract covers both the services referred to in paragraph 2. 1, and other services, supplies or works, to award the contract shall apply the provisions relating to the subject matter of the contract, the value of which shall be the largest in the contract in question.

3. The purchaser may not, in order to avoid procurement procedures laid down by the Act, combine other contracts with the services referred to in paragraph. 1.

Article 5a. [ Contract notice, award or non-contract notice] 1. If the value of the contract referred to in Art. 5 par. 1, is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring may award the contract after the proceedings referred to in paragraph. 2-4.

2. The purchaser shall award the contract in a transparent, objective and non-discriminatory manner.

3. The purchaser shall include on the subjective page of the Public Information Bulletin, and if there is no page of the Public Information Bulletin on its website, the contract notice, which contains the information necessary in view of the the circumstances of its provision, in particular:

1) the time limit for the submission of tenders, taking into account the time required to prepare and submit a tender

2) a description of the subject matter and the determination of the size or the scope

3) criteria for the evaluation of tenders.

4. They shall immediately after the award of the contract award the Public Information Bulletin, and if there is no page of the Public Information Bulletin on its website, the information on the award of the contract, the name of the entity with which the contract was entered into by name (company) or the name of the entity with which it entered into the contract In the event of non-award of the contract, the contracting authority shall immediately include in the subject-matter of the Public Information Bulletin, and if there is no party to the Public Information Bulletin on its website, the information on the non-award of the public information orders.

Article 6. [ Simultaneous orders] (1) If the contract covers both supplies and services or works and services, the contract shall apply to the award of the contract, the value of which shall be the largest value of the contract in question.

(2) If the contract covers both deliveries and the distribution or installation of the goods or other goods supplied, the provisions on supply shall apply to the award of such contract.

(3) If the contract covers both works and supplies necessary for the execution of such works, the provisions relating to the works shall apply to the award of such contract.

(4) If the contract covers both the services and works necessary for the performance of the services, the provisions relating to the services shall apply to the award of the contract.

Article 6a. [ Procurement in Parts] In the case of contracts awarded in parts, the contract for the part of the contracting authority may apply the provisions applicable to the value of that part of the contract where its value is less than the equivalent amount of EUR 80 000 expressed in gold. for supplies or services and 1 000 000 euro for works, provided that the total value of these parts is not more than 20% of the value of the contract.

Chapter 2

Procurement rules

Article 7. [ Preparation and conduct of the procurement procedure] 1. The purchaser shall prepare and conduct the procurement procedure in such a way as to ensure the conduct of fair competition and equal treatment of contractors.

2. The activities relating to the preparation and the conduct of the procurement procedure shall be carried out by persons ensuring impartiality and objectivity.

3. Orders shall be granted only to the contractor selected in accordance with the provisions of the Act.

Article 8. [ Disclosure of the procurement procedure] 1. The procedure for awarding a contract shall be public.

2. The purchaser may restrict access to information related to the procurement procedure only in the cases specified in the Act.

3. No disclosure of information constituting the business secrets within the meaning of the provisions on combating unfair competition, if the contractor, not later than at the time of submission of tenders or requests for participation in the proceedings, it has stated that it may not be made available, and has shown that proprietary information is a secret of the company. The economic operator may not reserve the information referred to in Article 4. 86 (1) 4. The regulation shall apply mutatis mutandis to the contest.

4. If it is justified by the protection of privacy or the public interest, the procurator may not disclose:

1) personal data, in the case of a contract awarded on the basis of art. 67 par. 1 point 1 (b)

2) the amount of the remuneration, in the case of a contract awarded on the basis of art. 67 par. 1 point 1 lit. c

-in respect of supplies or services in the field of cultural activities related to the organisation of exhibitions, concerts, competitions, festivals, spectacles, theatre performances, cultural education projects or the collection of library materials by libraries or museums, if these orders do not serve to equip the ordering party with fixed assets intended for the ongoing operation of its business, if the contractor, before the signing of the contract on public procurement, stipulated that the data shall not be made available.

Article 9. [ Form and language] 1. The procedure for the award of the contract, subject to the exceptions laid down in the Act, shall be carried out with the conduct of the written form.

2. The procedure for the award of the contract shall be carried out in Polish.

3. In particularly justified cases, the ordering party may consent to the submission of an application for admission to participation in the procurement procedure, statements, offers and other documents also in one of the languages commonly used in the the international trade or the language of the country in which the contract is awarded.

Article 10. [ Award modes] 1. The basic modes of award of the contract shall be an unlimited invitation to tender and a limited tender.

2. The purchaser may award the contract in negotiations with the notice, competitive dialogue, negotiations without notice, free-hand order, price enquiry or electronic auction only in the cases specified in the Act.

Chapter 3

Notices

Article 11. [ Announcements] 1. Announcements referred to in the Act:

1) appear in the Public Procurement Bulletin made available on the pages of the Internet portal of the Office of Public Procurement, hereinafter referred to as "the Office";

2. they shall be published in the Official Journal of the European Union, if they are forwarded to the Publications Office of the European Union.

2. (repealed)

3. (repealed)

(4) The notice published in the Public Procurement Bulletin may amend the notice on the amendment of the notice in the Bulletin, including in particular the date on which the notice is published and the number of the notice to be changed.

5. The purchaser may include in the Public Procurement Bulletin an advertisement which is not mandatory in the Bulletin due to the value of the contract or the competition.

6. The President of the Council of Ministers shall determine, by means of a regulation, the models of the notices contained in the Public Procurement Bulletin, with a view to the types of advertisements and the value of the contract or competition.

(7) The European Union Publications Office shall be notified in accordance with the models set out in Commission Regulation (EC) No 1564/2005 of 7 September 2005 (OJ L 46, 7.9.2005, p. laying down standard forms for the publication of notices in the framework of the procedures for the award of public contracts in accordance with Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and of the Council (Dz. Urz. EU L 257, 01.10.2005, p. 1), if the value of the contract or contest is equal to or exceeds the amounts specified in the provisions issued on the basis of the paragraph. 8.

8. The President of the Council of Ministers shall determine, by regulation, the amount of the value of the contracts and the contests on which the obligation to communicate the notices to the Publications Office of the European Union is subject, with a view to the provisions in force in that regard. laws of the European Union.

Article 12. [ The publication and publication of notices] 1. The announcements in the Public Procurement Bulletin shall be posted electronically by means of the forms on the website of the Office's Internet portal.

2. The Publications Office of the European Union shall be sent in writing, by fax or by electronic means, and in the cases provided for by the Act, by electronic means, in accordance with the form and procedures indicated on the website referred to in paragraph 3 of Annex VIII to Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004. on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, or in the mouth. In Annex XX to Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004, coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, hereinafter referred to as 'the website referred to in the Directive'.

3. The purchaser is obliged to document:

1) posting a notice in the Public Procurement Bulletin, in particular store proof of its posting;

2. publication of the notice in the Official Journal of the European Union, and in particular store proof of its publication.

(4) The notice published in the Official Journal of the European Union may be amended by providing the Publications Office of the European Union with the announcement of additional information, information on the incomplete procedure or correcting, by electronic means, in accordance with the form and procedures indicated on the website referred to in the Directive.

5. The purchaser may submit an announcement to the Publications Office of the European Union, the publication of which, due to the value of the contract or the competition, is not obligatory.

Art. 12a. [ Changing the content of a contract notice] (1) In the event of a change in the content of the contract notice set out in the Public Procurement Bulletin or published in the Official Journal of the European Union, the contracting authority shall extend the time limit for the submission of requests to participate in the the proceedings or the time limit for the submission of tenders for the time necessary to make changes to the applications or tenders, where necessary.

2. If the amendment referred to in paragraph 1 1, is relevant, in particular concerning the determination of the subject matter, the size or the scope of the contract, the criteria for the assessment of tenders, the conditions for participation in the proceedings or the manner in which they are assessed, the contracting authority shall extend the time limit for the submission of applications for the participation in the proceedings or the time limit for the submission of tenders for the time necessary to make changes to the applications or tenders, including that in proceedings the value of which is equal to or exceeds the amounts laid down in the provisions adopted on the basis of Article 4 (1) of the basic Regulation 11 (1) 8, deadline for submission:

1. the tenders may not be less than 22 days from the date of transmission of the notice to the Publications Office of the European Union, in an unrestricted tender procedure;

2) applications for admission to proceedings may not be less than 30 days, and if there is an urgent need to award a contract than 10 days from the date of transmission of the notice to the Publications Office of the European Union-in a tender procedure restricted or negotiated with the announcement.

3. The purchaser immediately after posting a change to the content of the contract notice in the Public Procurement Bulletin or its communication to the Publications Office of the European Union shall include information on changes in its premises and on the website.

Article 13. [ Pre-information notice for planned contracts or framework agreements] 1. The purchaser after the approval or resolution of the financial plan in accordance with the applicable contracting authority, statutes or contract, and in the case of procuring, who do not draw up a financial plan-once a year, may transfer to the Office Publications of the European Union or post on its own website in a place extracted for contracts, hereinafter referred to as "the buyer profile", a pre-information notice on planned contracts or contracts within the next 12 months frameworks whose value:

1) for construction works-is equal to or exceeds the amount specified in the regulations issued on the basis of art. 11 (1) 8 on which the obligation to communicate notices of works contracts to the Publications Office of the European Union is subject to an addiction;

2) summed up for supplies with a value equal to or exceeding the amounts specified in the provisions issued on the basis of art. 11 (1) 8, within the group referred to in Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002. on the Common Procurement Vocabulary CPV (Dz. Urz. EC L 340, 16.12.2002, p. 0001-0562; Dz. Urz. EU Polish Special Edition, rozdz. 6, t. 7, p. 3, from late. zm.), hereinafter referred to as the "Common Dictionary of Contracts", is equal to or exceeds the amount of EUR 750 000 expressed in gold;

3) summed up for services of a value equal to or exceeding the amounts specified in the provisions issued on the basis of art. 11 (1) 8, within categories 1 to 16 set out in Annex 2 to the Common Procurement Vocabulary, is equal to or exceeds the equivalent of EUR 750 000 in gold.

2. The notice referred to in paragraph 2. 1, the procuring may include in the buyer's profile after the transfer of the notice of the buyer profile to the Publications Office of the European Union by electronic means in accordance with the form and procedures indicated on the website specified in the Directive.

3. The provision of the paragraph. 1 shall not apply to the planned contracts for the services referred to in Article 3. 5 par. 1, as well as planned contracts awarded in a mode other than an unrestricted invitation to tender, a limited tender, a negotiation with an announcement or a competitive dialogue.

SECTION II

Procedure for awarding a contract

Chapter 1

Requestors and Contractors

Article 14. [ Application of provisions of the Civil Code] The provisions of the Act of 23 April 1964 shall apply to the actions taken by the procurator and the contractors in the procurement procedure. -Civil Code (Dz. U. of 2014 items 121, of late. zm.), if the provisions of the Act do not provide otherwise.

Article 15. [ Entities preparing or conducting the procurement procedure] 1. The procedure for awarding the contract prepares and carries out the ordering party.

2. The purchaser may entrust the preparation or conduct of the procedure for the award of the contract to own business unit or to a third party.

3. The entities referred to in paragraph. 2, act as procuring agents.

Art. 15a. [ Central Contracting Authority] 1. The central procuring may prepare and carry out procurement procedures, award contracts or conclude framework agreements for the procurement of government administration, if the order is related to the activity more than one procuring.

2. The Contracting Authority of the Government Administration may award contracts on the basis of a framework agreement concluded by the central ordering party, if the framework agreement provides for it.

3. The central contracting authority may carry out the activities referred to in paragraph 3. 1, also for the needs of other procuring.

4. The President of the Council of Ministers may designate a central procurator from among the authorities of government administration or organizational units subordinate to those authorities or by them supervised.

5. The President of the Council of Ministers, indicating the central ordering party may, by order, instruct the procurator from the government administration to purchase specific types of orders from the central ordering party or from contractors chosen by the central the contracting authority and the award of contracts on the basis of a framework agreement concluded by the central contracting authority and also specify the extent of the information to be provided to the central contracting authority by those contracting authorities which are necessary for the conduct of the procedure, and a way of interacting with the central contracting authority.

6. The provisions relating to the procuring shall apply mutatis mutandis to the central ordering party.

Article 16. [ The designation of the entity competent to carry out the procedure and award of the contract] 1. The purchaser may jointly conduct the proceedings and award the contract, designating among themselves the procurator authorized to carry out the proceedings and to award the contract on their behalf and on their behalf.

2. (repealed)

3. The Minister of Government of Government Administration may, by order, indicate, from among the subordinate organisational units or by him supervised, the procurator, who will be competent to carry out the proceedings and to grant contracts for the benefit of those entities, and instruct those entities to purchase certain types of procurement from the designated or central contracting authority or from contractors selected by the designated or central contracting authority and recommend the provision of such contracts. contracts pursuant to a framework agreement concluded by the designated or a central ordering party.

4. The executive body of the local government unit may designate among the subordinate local organisational units an organization unit competent to conduct the proceedings and to award the contract to these entities.

5. The provisions of the procuring shall apply mutatis mutandis to the procuring referred to in the paragraph. 1.

Article 17. [ Exclusion of persons carrying out activities in the procurement procedure] 1. Persons performing activities in a procurement procedure shall be exempted if:

1) apply for the award of the contract;

2) remain married, in relation of kinship or affinity in a straight line, kinship or affinity in the sidelines to the second degree or are associated with the title of adoption, care or guardianship with the performer, his deputy the legal or the members of the governing bodies or supervisory bodies of the contractors who are applying for the award of the contract;

3) before the end of the 3 years from the date of the opening of the procedure the award of the contract remained in the employment relationship or order with the contractor or were members of the governing bodies or supervisory bodies of the contractors applying for the award;

4) remain with the contractor in such a legal or factual relationship, that it may raise reasonable doubts as to the impartiality of these persons;

5) they have been legally convicted of a criminal offence committed in connection with the award proceedings, a crime of bribery, a crime against the economic defense or any other offence committed in order to achieve the property benefits.

2. The persons performing the activities in the procurement procedure shall submit, under the penalty of criminal liability for false testimony, a written statement of the absence or existence of the circumstances referred to in the paragraph. 1.

3. An action in the procurement procedure undertaken by a person subject to an exemption after it has received a message of the circumstances referred to in the paragraph. 1, it shall be repeated, with the exception of the opening of tenders and other factual activities which do not affect the outcome of the proceedings.

Article 18. [ Entities responsible for the preparation and conduct of the proceedings] 1. The preparation and conduct of the procurement procedure shall be the responsibility of the procuring manager.

2. The preparation and conduct of the procurement procedure shall also correspond to other persons in so far as they are entrusted with activities and activities relating to the preparation of the procedure. The procuring manager may entrust written performance of the reserved activities referred to in this Chapter to the employees of the procuring person.

3. If the preparation and conduct of the procurement procedure on the basis of the separate provisions is reserved for a body other than the procuring manager, the provisions concerning the procuring manager shall apply accordingly authority.

Article 19. [ Appointment of a tender committee] 1. The procurator shall appoint a commission to conduct the procurement procedure, hereinafter referred to as the "tender committee", if the value of the contract is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring manager may appoint a tender committee. The provisions of this Chapter shall apply.

3. The tender committee may be of a permanent nature or be appointed to prepare and carry out certain proceedings.

Article 20. [ Tasks of the tendering committee] 1. The tender committee shall be a supporting team of the procuring manager appointed to assess the fulfilment of the conditions for participation by economic operators in the procurement procedure and for the examination and evaluation of tenders.

2. The manager of the contracting authority may also entrust the commission with a tender operation other than those referred to in paragraph 1. 1, activities in the procurement procedure and activities related to the preparation of the procurement procedure. The provisions of this Chapter shall apply mutatis mutandis.

(3) The tendering committee shall in particular submit to the manager of the contracting authority the proposals for the exclusion of the contractor, the rejection of the tender and the choice of the most advantageous tender, as well as the extent referred to in paragraph 1. 1, request the cancellation of the procurement procedure.

Article 21. [ Organisation of the Tender] 1. The members of the tender committee shall establish and cancel the procuring manager.

2. The Tender Commission shall be made up of at least three persons.

3. The contracting authority shall specify the organisation, composition, operating mode and duties of the members of the tender committee with the aim of ensuring the efficiency of its activities, the individualisation of the responsibility of its members for the activities performed, and the transparency of its work.

4. If the performance of specific activities relating to the preparation and conduct of the procurement procedure requires a special message, the procuring manager, on his own initiative or at the request of the tender committee, may appoint experts. Article Recipe 17 shall apply.

Article 22. [ Conditions for applying for a contract award] 1. The award of the contract may apply to contractors who meet the conditions, concerning:

1. having the power to carry out a particular activity or activity, where the provisions of the law impose the obligation to have them;

2) possession of knowledge and experience;

3. having the appropriate technical potential and the persons able to perform the contract;

4) the economic and financial situation.

2. The purchaser may stipulate in the contract notice that the award of the contract may only apply to the contractor, in whom more than 50% of the employed persons constitute persons with disabilities within the meaning of the provisions on professional rehabilitation and social and employability of persons with disabilities or the relevant legislation of the Member States of the European Union or of the European Economic Area.

3. A description of how to assess the fulfilment of the conditions referred to in paragraph 1. 1, shall be included in the contract notice or in the case of modes which do not require publication of a contract notice, in the invitation to negotiate.

4. A description of how to assess the fulfilment of the conditions referred to in paragraph 1. 1, should be linked to the subject-matter of the contract and proportionate to the subject of the contract.

5. The conditions referred to in paragraph. 1, and a description of how the assessment of their compliance is to be carried out, shall be designed to verify the contractor's ability to perform the contract award due. In the award procedure, the subject of which constitutes supplies requiring the execution of works relating to the installation or the installation, service or works, the contracting authority may assess the contractor's ability to carry out the contract in question procurement, in particular with regard to its reliability, qualifications, efficiency and experience.

Article 23. [ Common application for the award of a contract] 1. The Contractors may jointly apply for the award of the contract.

2. In the case referred to in paragraph. 1, the contractors shall establish a proxy to represent them in the proceedings for the award of the contract or represent in the proceedings and the conclusion of the contract on a public procurement contract.

3. The provisions concerning the contractor shall apply mutatis mutandis to the contractors referred to in the paragraph. 1.

4. If the offer of the contractors referred to in paragraph 1, has been selected, the procuring may require prior to the conclusion of a contract on the contract of a public contract regulating the cooperation of these contractors.

Article 24. [ Entities Excluded from the procurement procedure] 1. From the procedure for the award of the contract shall be excluded:

1) (repealed)

1a) (repealed)

(2) economic operators in respect of which liquidation has been opened or the bankruptcy of which has been declared, with the exception of economic operators, who, after the declaration of bankruptcy, have entered into an arrangement approved by a final decision of the court, if the agreement does not provide for the satisfaction of the creditors by liquidation of the estate of the fallen estate;

3) contractors who are due to pay taxes, fees or social or health insurance premiums, except in cases where they have obtained the prescribed exemption, deferral, spread over the instalments of late payments or hold on the full implementation of the competent authority's decision

4) natural persons who were legally convicted of a criminal offence committed in connection with proceedings for the award of a contract, a crime against the rights of persons performing gainful employment, a crime against the environment, a crime of bribery, a criminal offence against the economic defence or any other offence committed in order to achieve the financial gain, as well as for a treasury offence or a crime of participation in an organised group or a relationship aimed at committing crime or treasury crime;

5) non-confidential companies whose partner was convicted of a criminal offence committed in connection with proceedings for the award of a contract, a crime against the rights of persons carrying out gainful employment, a crime against the environment, a crime bribery, crime against economic turnover or other crime committed in order to achieve property benefits, as well as for a treasury offence or a crime of participation in an organized group or a relationship aimed at committing a criminal offence or a treasury offence;

6) partner companies whose partner or member of the board of lawyers has been convicted of a criminal offence committed in connection with proceedings for the award of a contract, a crime against the rights of persons performing gainful employment, a crime against an environment, a crime of bribery, a crime against economic turnover or any other offence committed in order to achieve property benefits, and for a treasury crime or a crime of participation in an organised group or a relationship to commit a criminal offence or a treasury crime;

(7) comandite companies and limited joint-stock companies whose complimentary lawyers have been convicted of a criminal offence committed in connection with a procurement procedure, a criminal offence against the rights of persons engaged in gainful employment, a crime against the environment, a crime of bribery, a crime against the economic defense or any other offence committed in order to achieve property benefits, as well as for a treasury crime or a crime of participation in an organized a group or a relationship with a view to committing an offence; or treasury crime;

8) the legal persons whose incumbent member of the governing body has been convicted of a criminal offence committed in connection with proceedings for the award of a contract, a crime against the rights of persons carrying out gainful employment, a crime against an environment, a crime of bribery, a crime against economic turnover or any other offence committed in order to achieve property benefits, and for a treasury crime or a crime of participation in an organised group or a relationship to commit a criminal offence or a treasury crime;

(9) collective entities for which the court has held a prohibition on the application of contracts on the basis of the rules on the liability of collective bodies for acts prohibited under the threat of punishment;

10) contractors who are natural persons who are legally convicted of a criminal offence referred to in art. 9 or Article 10 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769)-for a period of 1 year from the date on which the judgment is entitled to be made;

11) contractors who are a public company, a partnership, a limited partnership, a limited joint-stock company or a legal person who, as a partner, a partner, a member of the management board, a complimentary or a member-in-office of the governing body, respectively The law has been convicted of a criminal offence referred to in Article 4. 9 or Article 10 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions in the territory of the Republic of Poland-for a period of 1 year from the date of the judgment of the judgment.

2. contractors who are excluded from the procurement procedure shall also be excluded from the award procedure:

(1) they have been directly involved in the preparation of the proceedings, excluding the activities carried out during the technical dialogue referred to in Article 4 (1) of the EC Regulation. 31a (a) 1, or used to draw up an offer of the persons participating in these activities, unless the participation of those contractors in the proceedings does not impede fair competition; the provision does not apply to the contractors to whom the contract is awarded based on art. 62 ust. 1 point 2 or art. 67 par. 1 (1) and (2);

2. have not lodged the tendering security for the expiry of the time limit for the submission of tenders, for an extended period of fixation of the offer or within the period referred to in Article 3 (1). 46 (1) 3, or they have not agreed to an extension of the bid to be bound by the offer;

3) have submitted untrue information affecting or likely to have an impact on the outcome of the proceedings;

4. they have not demonstrated the fulfilment of the conditions for participation in the proceedings;

5) by belonging to the same group of capital, within the meaning of the Act of 16 February 2007. on the protection of competition and consumers (Dz. U. of 2015 items 184, 1618 and 1634), submitted separate offers or requests to participate in the same proceeding, unless they show that the links between them do not lead to a fair competition between the economic operators in the proceedings award.

2a. The purchaser shall exclude from the contract award procedure a contractor who, in the period of 3 years prior to the initiation of the proceedings, has seriously infringed his professional duties, in particular, when the contractor as a result of the intended action or a gross negligence has not performed or did not perform an order, which the procuring shall be able to demonstrate by any means of proof, if the procurator provided such possibility for the exclusion of the contractor in the contract notice, in specification of essential terms of the contract or in the call for negotiations. The contracting authority shall not exclude from the procedure the award of a contract to the contractor, who shall prove that he has taken specific technical, organisational and personnel measures to prevent the failed and serious breach of professional duties in the future and he or she has made good any damage caused by a breach of professional duties or has committed himself to remedy them.

3. The purchaser shall simultaneously notify the contractors who have been excluded from the procurement procedure, stating the factual and legal reasons, subject to the art. 92 (1) 1 point 3.

4. The offer of an excluded contractor shall be deemed to be rejected.

Article 24a. (repealed)

Article 24b. [ Clarifications about the links between the entrepreneurs] 1. The purchaser shall request the contractor to clarify the links referred to in the Article within a specified time limit. 24 ust. In order to determine whether an economic operator should be excluded, point 5, existing between the operators, should be established.

2. The purchaser, assessing the explanations, shall take into account the objective factors, in particular the impact of the links referred to in art. 24 ust. Article 2 (2) (a) of the Treaty on European Union (2) (2) (2) (2) (2) (5)

3. The purchaser shall exclude from the procedure the award of the contract to the contractor, who has not provided explanations, and the contractor who has not submitted the list referred to in art. 26 par. 2d.

Article 25. [ Statements or documents necessary for the conduct of the procedure] 1. In the procedure for the award of a contract the procuring may require the contractors only the statements or documents necessary for the conduct of the proceedings. Statements or documents proving compliance:

1) conditions of participation in the proceedings,

2) by the offered supplies, services or works of construction requirements specified by the procurator

-the contracting authority shall indicate in the contract notice, the specification of the relevant conditions of the contract or the invitation to tender.

2. The President of the Council of Ministers shall determine, by means of a regulation, the types of documents which the contracting authority may require from the contractor, and the form in which such documents may be submitted, bearing in mind that the confirmation of meeting the conditions of participation in the proceedings of the award of the contract may be instead of a document also a statement made before the competent authority, confirmation of the contractor's impunity may be, in particular, information from the National Criminal Register, and the confirmation that the offered supplies, services or construction works correspond to the requirements specified by the Ordering Party may include, in particular, the certification of an entity authorised for quality control and that the forms of documents should allow for the award of contracts also by electronic means, as well as the need to ensure the protection of classified information, in the case of contracts require that information, related or containing such information, as specified in the provisions for the protection of classified information.

Article 26. [ Documents proving compliance with the conditions for participation in the proceedings and the value of the contract] 1. The purchaser shall request from the contractor documents confirming that the conditions of participation in the proceedings are fulfilled, if the value of the contract is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring may request documents proving compliance with the conditions for participation in the proceedings.

2a. The contractor at the request of the ordering party and within the scope of it shall be obliged to demonstrate, respectively, no later than the day of submission of applications for participation in the proceedings or the submission of tenders, meeting the conditions referred to in art. 22 par. 1, and the absence of grounds for exclusion due to the failure to meet the conditions referred to in art. 24 ust. 1.

2b. The contractor may rely on knowledge and experience, technical potential, persons able to perform the order, financial or economic capacity of other entities, regardless of the legal nature of the relationship they combine with them. The contractor in such a situation shall be obliged to prove to the contracting authority that he will have the resources in place during the performance of the contract, in particular by providing a written undertaking by those entities to make him available to him at his disposal necessary resources for the execution of the order.

2c. If, for a legitimate reason, the contractor cannot submit the documents relating to the financial and economic situation required by the contracting authority, he may submit another document, which shall provide sufficient evidence of compliance with the conditions described in the the procuring condition.

2d. The contractor, together with the application or offer, shall submit a list of entities belonging to the same capital group referred to in art. 24 ust. 2 point 5 or the fact that it does not belong to a group of capital. The provisions of the paragraph 3 and 4 shall apply.

2e. The entity which has committed itself to making the resources available in accordance with paragraph 1. 2b, shall be jointly and severally liable with the contractor for the damage to the procuring entity resulting from the failure to make such resources available, unless the resources are not to be made available by fault.

3. The purchaser shall invite the contractors who, within the specified time limit, did not submit the required statements or documents referred to in art. 25 par. 1, or who have not submitted proxies, or who have submitted the claims and documents required by the contracting authority, as referred to in Article 25 par. 1, containing errors or who have submitted defective powers of attorney, to submit them within the prescribed time limit, unless, despite their submission, the contractor's offer is subject to rejection or it would be necessary to annuize the proceedings. The statements and documents submitted to the Contracting Authority should confirm that the economic operator fulfils the conditions for participation in the proceedings and that the requirements of the supply, services or works offered by the contracting authority are fulfilled by the contractor, later than the date on which the application for admission to participate in the proceedings or the time limit for the submission of tenders expired.

4. The purchaser shall also request, within the time limits set by the Contracting Authority, the submission of an explanation of the statements or documents referred to in Article 4. 25 par. 1.

5. (repealed)

Article 27. [ The manner in which the statements, requests, notices and information are made] 1. In the proceedings for the award of the order of statement, the requests, notices and information of the ordering party and the contractor shall transmit, in accordance with the choice of the procurator, in writing, by fax or electronic means.

2. If the requestor or the contractor communicate the statements, requests, notices and information by fax or electronic means, each of the parties at the request of the other shall immediately confirm the fact of their receipt.

3. The chosen means of transmitting statements, applications, notices and information shall not restrict competition; the written form shall always be admissible, subject to the exceptions provided for in the Act.

4. The purchaser may request in the contract notice, that requests for admission to participate in proceedings submitted by fax or electronic means shall be confirmed in writing or by electronic means bearing the secure electronic signature verified by means of a valid qualified certificate.

5. Information on the submission of an application for admission to participation in the proceedings may be communicated by telephone before the deadline for submission of requests for participation in the proceedings. The application shall be deemed to have been submitted within the time limit if, before the expiry of the time limit for the submission of applications for participation in the proceedings, it was sent in writing and the ordering party received it not later than 7 days from the date of expiry of the time limit submission of applications.

Article 28. (repealed)

Chapter 2

Preparing the procedure

Article 29. [ Description of subject of the contract] 1. The subject matter of the contract shall be described in a unambiguous and exhaustive manner, by means of sufficiently precise and comprehensible terms, taking into account all the requirements and circumstances which may affect the drawing up of the tender.

2. The object of the contract cannot be described in a way that could impede fair competition.

3. The object of the contract may not be described by the indication of trade marks, patents or provenance, unless it is justified by the specificity of the subject of the contract and the procuring cannot describe the subject of the contract with sufficiently accurate the indication shall be accompanied by the words 'or equivalent'.

4. The purchaser may specify in the description of the subject of the contract the requirements related to the performance of the order, concerning:

1. employment of persons:

(a) the unemployed or juveniles for the professional preparation referred to in the provisions on employment promotion and labour market institutions,

(b) the disabled, referred to in the provisions on professional and social rehabilitation and employment of persons with disabilities,

-or in the relevant legislation of the Member States of the European Union or of the European Economic Area;

2) the creation of a training fund, within the meaning of the provisions on promotion of employment and labour market institutions, in which the payment of employers will be at least four times the lowest payment specified in these provisions;

3) increase the payment of employers to the training fund, within the meaning of the provisions on promotion of employment and labour market institutions, to the amount specified in point 2;

4) employment on the basis of a contract of employment by a contractor or a subcontractor of persons performing activities in the course of the execution of a works contract or a service, if it is justified by the object or nature of these activities.

Article 30. [ Description of the subject of the contract by means of standards, approval, technical specifications and reference systems] 1. The purchaser shall describe the subject of the order by means of technical and qualitative features, with the preservation of the Polish Standards transferring the European standards or standards of other member states of the European Economic Area transferring these standards.

2. In the absence of the Polish Standards transferring the European standards or standards of other member states of the European Economic Area transferring these standards shall be taken into account in the order of:

1) European Technical Approves;

2. common technical specifications;

3. international standards;

4. other technical reference systems set up by the European standardisation bodies.

3. In the absence of Polish Standards transposing European standards or standards of other Member States of the European Economic Area transposing these standards and the approval, specifications, norms and systems referred to in paragraph. 2, shall be included in the order of:

1) Polskie Norma;

2) Polish technical approvals;

3) Polish technical specifications.

4. Describing the subject of the contract by means of standards, approval, technical specifications and reference systems referred to in paragraph. 1-3, the contracting authority is obliged to indicate that it allows for solutions equivalent to those described.

5. The contractor, who refers to the equivalent solutions described by the procurator, shall be obliged to demonstrate that the supplies offered by him, services or works meet the requirements specified by the procurator.

6. The purchaser may derogate from the description of the subject of the contract, taking into account the provisions of the paragraph. 1-3, if it provides an exact description of the subject of the contract by indicating the functional requirements. These requirements may include a description of the impact on the environment.

7. The description of the subject of the contract shall be followed by the names and codes specified in the Common Procurement Vocabulary.

Article 31. [ Description of the subject matter of the works contract] 1. The purchaser shall describe the subject matter of the works contract by means of design documentation and technical specification of the execution and acceptance of works.

2. If the subject of the contract is the design and execution of works within the meaning of the Act of 7 July 1994. -Building law, the procurator describes the subject of the contract by means of a functional and utility program.

3. The functional and utility program shall include a description of the construction task, in which the purpose of the completed works is given and the technical, economic, architectural, material and functional requirements of the completed works.

4. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of the Regulation, the detailed scope and form of:

1) design documentation,

2) specification of technical execution and acceptance of works,

(3) the functional and utility programme

-having regard to the type of construction works, as well as the names and codes of the Common Procurement Vocabulary.

Art. 31a. [ Technical dialogue] 1. The purchaser, before the opening of the procurement procedure, may carry out a technical dialogue, asking for advice or giving information to the extent necessary to prepare the description of the subject of the contract, the relevant specifications the conditions of the contract or determination of the terms

2. The technical dialogue shall be conducted in such a way as to ensure fair competition and equal treatment between potential contractors and their solutions.

Article 31b. [ Information on the intention to carry out a technical dialogue] The Contracting Authority shall include information on the intention to carry out a technical dialogue and on its subject on its website.

Article 31c. [ Information on the use of technical dialogue] The contracting authority shall include information on the application of the technical dialogue in the contract notice to which the technical dialogue has been addressed.

Article 32. [ Determination of order value] 1. The basis of the determination of the value of the contract shall be the total estimated remuneration of the contractor, without tax on the goods and services, established by the ordering party with due diligence.

2. The purchaser may not in order to avoid the application of the provisions of the law to divide the order into parts or to underestimate its value.

(3) If the contracting authority provides for the award of supplementary contracts referred to in Article 3 (3) of the 67 par. 1 points 6 and 7 or art. 134 (1) In the calculation of the value of the contract, the value of the supplementary contracts shall be taken into account.

4. If the procurator allows for the possibility of submitting partial offers or award a contract in parts, each of which is the subject of a separate procedure, the value of the order shall be the total value of the individual parts of the order.

5. If a separate organisational unit of a contracting entity with financial autonomy grants an order relating to its own activities, the value of the contract awarded shall be determined separately from the value of the contracts awarded by the other the organisational units of that contracting entity with financial autonomy.

6. The value of the dynamic purchasing system is the total value of the contracts covered by this system, which the procuring intends to award during the period of the dynamic purchasing system.

7. The value of the framework agreement shall be the total value of the contracts which the contracting authority intends to award during the period of the framework agreement.

Article 33. [ Determination of the value of the works contract] 1. The value of the contract for works shall be determined on the basis of:

1) the investor's estimate drawn up during the development of the project documentation or on the basis of the planned costs of the works specified in the functional and utility programme, if the subject of the contract is the execution of works construction, within the meaning of the Act of 7 July 1994. -Building law;

2) planned costs of project works and planned costs of works specified in the functional and utility program, if the subject of the contract is the design and execution of works within the meaning of the Act of 7 July 1994. -Building law.

2. When calculating the value of the works order, the value of deliveries connected with the execution of works delivered by the contractor at the disposal of the contractor shall also be taken into account.

3. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation:

1) the method and basis for drawing up the Investor's estimate,

2) the method and basis of calculation of the planned cost of design works and the planned costs of the construction works specified in the functional and utility program

-having regard to technical, technological and organisational data which affect the value of the contract.

Article 34. [ Determination of the value of the contract for services or supply recurring periodically] 1. The basis for establishing the value of the contract for services or delivery recurring periodically is the total value of the orders of the same kind:

(1) granted within the previous 12 months or in the preceding financial year, taking into account the quantitative changes of the services or supplies ordered and the average annual price index of consumer goods and services for the year in question, or

2) which the procuring intends to grant within the 12 months following the first service or delivery.

2. The choice of the basis for determining the value of the contract for services or recurring supplies shall not periodically be made in order to avoid the application of the provisions of the Act.

3. If the order is granted on time:

1) unmarked, the value of the contract is the value determined taking into account the period of 48 months of execution of the order

2. marked:

(a) no more than 12 months, the value of the contract shall be determined taking into account the period of performance of the contract

b) longer than 12 months, the value of the contract shall be the value determined taking into account the period of execution of the contract and in the case of contracts for which the subject-matter is purchased under the contract of lease, rental or leasing, taking into account also the final value of the subject matter of the contract on public procurement.

4. If the order includes banking services or other financial services, the value of the order shall be fees, commissions, interest and other similar benefits.

5. If the contract for services or supplies provides for a right of option, the largest possible scope of the contract shall be taken into account when the contract value is established, taking into account the right of option

Article 35. [ Order Value Term] 1. Establification of the value of the contract shall be made no earlier than 3 months before the day of the opening of the procurement procedure, if the subject of the contract is the supply or service, and not earlier than 6 months before the date of initiation the procurement procedure, where the subjects of the contract are of construction work.

2. If, having established the value of the contract, there has been a change of circumstances affecting the determination made, the procuring before the opening of the procedure shall change the value of the order

3. The President of the Council of Ministers shall, at least every two years, determine, by way of regulation, the average gold rate in relation to the euro which is the basis for the conversion of the value of the contracts, taking into account the European Commission announced in the Official Journal. The European Union is the equivalent of the thresholds for the application of the procurement procedures.

Article 36. [ Specification of essential terms of the contract] 1. The specification of essential terms of the contract shall include at least:

1) the name (company) and the address of the procuring;

(2) the award procedure;

3) description of the subject of the contract

4) the date of performance of the contract

5) the conditions for participation in the proceedings and a description of how to assess the fulfilment of these conditions;

6) a list of the statements or documents to be provided by the contractor to confirm the fulfilment of the conditions of participation in the proceedings;

7) information about the way of communication of the procurator with the contractors and the transmission of statements or documents, as well as an indication of the persons entitled to communicate with the contractors;

(8) the requirements for the tendering security;

(9) the date on which the tender is bound;

10) a description of how tenders are prepared;

11) the place and the time limit for submitting and opening tenders;

12) a description of how the price is calculated;

13) a description of the criteria by which the procuring will be guided in the selection of the offer, together with an indication of the importance of these criteria and the manner of evaluating the tenders;

14) information about the formalities which should be completed after the selection of the offer in order to conclude the contract on the public procurement;

15) the requirements for securing the proper performance of the contract;

16) essential for the parties to the provisions which will be entered into the content of the concluded contract on the public contract, the general terms of the contract or the design of the contract, if the ordering party requires the contractor to enter into the contract with him on the contract the public under such conditions;

(17) instruction on the legal remedies available to the contractor in the course of the procurement procedure.

2. Where the provisions of the Act do not provide otherwise, the specification of essential terms of the contract shall also include:

1) a description of the part of the contract, if the ordering party allows for the submission of partial offers;

2) the maximum number of contractors with which the contracting authority fails to enter a framework contract, where the contracting authority provides for the conclusion of a framework agreement;

(3) information on the expected supplementary contracts referred to in Article 3. 67 par. 1 points 6 and 7 or art. 134 (1) 6 (3) and (4) where the procuring provides for such contracts;

(4) a description of the manner in which the variant offers are presented and the minimum conditions to which the variants must be submitted if the procuring system permits them to be submitted;

5) the e-mail address or the website of the ordering party, if the procurator allows communication by electronic means;

6) information on the foreign currencies in which the clearing between the procurator and the contractor may be conducted, if the procuring provides for settlement in foreign currency;

7) if the Ordering Party provides for an electronic auction:

(a) information on the envisaged choice of the most advantageous tender using an electronic auction,

(b) requirements for the registration and identification of contractors, including the technical requirements of IT equipment,

8) the amount of reimbursement of the costs of participation in the proceedings, if the ordering party provides for their reimbursement;

9) if the procurator provides for the requirements referred to in art. 29 par. 4, specifying in particular:

(a) the number of persons referred to in Article 29 par. 4 (1), and the period of employment of those persons,

(b) the manner in which the employment of the persons referred to in Article 4 is documented. 29 par. 4 (1), or the creation or extension of a training fund,

(c) the power of the contracting authority to check compliance by the contractor with the requirements referred to in Article 3. 29 par. 4, and sanctions for failure to meet these requirements,

(d) the type of activities necessary for the performance of the contract to which the requirements of employment relate, on the basis of a contract of employment by the contractor or by the subcontractor of persons performing the activities during the performance of the contract;

10) information on the obligation of personal execution by the contractor of the key parts of the contract, if the procurator makes such a reservation in accordance with art. 36a par. 2;

11. in the case of works contracts:

(a) requirements for a subcontracting contract for which construction works are the subject of which the failure to comply will result in a declaration by the procuring of the objections or objections respectively, where the contracting authority specifies such requirements,

(b) information on subcontracting contracts to which supplies or services are subject, which, in view of the value or the object of such supplies or services, are not subject to the obligation to submit to the contracting authority where the contracting authority specifies such information;

12) the percentage of the last part of the remuneration for the performance of the contract on the works contract, if the procuring determines such value, according to art. 143a (1) 3.

3. In proceedings in which the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the specification of essential terms of the contract may not contain the information referred to in the paragraph. 1 points 6, 8 and 15.

4. (repealed)

5. (repealed)

Article 36a. [ Entruning the execution of a subcontractor's contract part] 1. The contractor may entrust the execution of the subcontractor's contract part.

2. The purchaser may stipulate the obligation of personal execution by the contractor:

1) key parts of the contract for construction works or services;

2) works related to the placement and installation, as part of the delivery order.

3. The reservation referred to in paragraph. 2, it shall not be effective in so far as the contractor relies on the resources of another entity, in accordance with the rules laid down in the Article. 26 par. 2b, in order to demonstrate compliance with the conditions referred to in Article 2 (b) of the Regulation. 22 par. 1.

Article 36b. [ Information on subcontractor] 1. The purchaser may request the indication by the contractor of the part of the contract, the execution of which intends to entrust the subcontractor, or the application by the contractor of the names (firms) of subcontractors on which the contractor's resources invoke the principles specified in art. 26 par. 2b, in order to demonstrate compliance with the conditions for participation in the proceedings referred to in art. 22 par. 1.

2. If the change or resignation from the subcontractor concerns the entity on which the contractor's resources have invoked, on the basis of the rules laid down in Art. 26 par. 2b, in order to demonstrate compliance with the conditions for participation in the proceedings referred to in art. 22 par. 1, the contractor shall be obliged to demonstrate to the procuring that the proposed other subcontractor or contractor independently meets them to a degree not less than that required during the procurement procedure.

Article 36c. [ The use of sample designs for contracts in matters of public procurement, regulations and other documents] In preparing and carrying out the procedure, the contracting authority may use the sample designs for contracts in the field of public procurement, the rules of procedure and other documents referred to in Article 4. 154 (10) used in the award of contracts.

Article 37. [ The transfer of the specification of essential terms of order] 1. The specification of essential terms of the contract shall be transferred free of charge, subject to art. 42 par. 2.

2. The purchaser may make available the specification of the essential terms of the contract on the website from the day of posting the contract notice in the Public Procurement Bulletin or the publication in the Official Journal of the European Union until the expiry of the deadline the submission of tenders, subject to Article 42 par. 1.

Article 38. [ Explanation of the specification of essential terms of the order] 1. The contractor may ask the requestor to clarify the contents of the specification of the essential terms of the order. The contracting authority shall be obliged to provide explanations without delay, but not later than:

1) for 6 days before the closing date for the submission of tenders,

2) for 4 days before the closing date for the submission of tenders-in a restricted tender and in negotiations with the notice, if there is an urgent need to award the contract,

3) for 2 days before the closing date for the submission of tenders-if the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8

-provided that the request for clarification of the content of the specification of the relevant terms of the contract has been received by the contracting authority not later than the end of the day on which half of the time limit for the submission of tenders expires.

(1a) If the request for clarification of the content of the specification of the relevant terms of the contract has received the expiry of the deadline for the submission of the application referred to in paragraph 1, or concerns the explanations given, the requestor may provide explanations or leave the application without recognition.

1b. The extension of the time limit for the submission of tenders shall not affect the time limit for the submission of the application referred to in paragraph 1. 1.

2. The content of the queries, together with the explanations of the order, shall be sent to the contractors who have passed the specification of the essential terms of the contract, without disclosing the source of the query, and if the specification is made available on the website, shall include on that page.

3. The purchaser may convene a meeting of all contractors to clarify the doubts concerning the content of the specification of the essential terms of the contract, and if the specification is made available on the website, the information about the date of the meeting on this page; in such a case, it shall draw up a statement of questions raised at the meeting to clarify the contents of the specifications of the relevant terms of the contract and to reply to them, without indicating the sources of the enquiring. The information from the meeting shall be delivered immediately to the contractors to whom the specification of the essential terms of the contract has been passed and, if the specification of the essential terms of the contract is made available on the website, shall also be provided on this website.

4. In justified cases, the procuring may change the content of the specification of the essential terms of the contract before the closing date for the The change in the procuring specifications shall be transmitted immediately to all contractors to whom the specification of the essential terms of the contract has been delegated, and if the specification is made available on the website, it shall also include it on this website.

4a. If, in an open tender procedure, a change in the content of the specification of the essential terms of the contract leads to a change in the content of the contract notice, the procuring shall:

1) make an announcement on the change of notice in the Public Procurement Bulletin-if the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

2) communicate to the Publications Office of the European Union the announcement of additional information, information about the incomplete procedure or correcting, by electronic means, in accordance with the form and procedures indicated on the website referred to in the Directive- if the value of the contract is equal to or exceeds the amount specified in the provisions issued under the Article. 11 (1) 8.

4b. Subject to the exceptions provided for in the Act, there is an unacceptable change in the content of the specification of essential terms of the contract after the deadline for submission of applications for admission to participation in a limited tender and negotiations with an announcement that leads to a change in the content of a contract notice.

5. (repealed)

6. If, as a result of the change of the content of the specification of the essential terms of the contract not leading to the change of the content of the contract notice is necessary additional time for the introduction of changes in tenders, the procuring shall extend the deadline for the submission of tenders and inform the contractors to whom the specification of the essential terms of the contract has been transferred and the information on the website, if the specification of the relevant terms of the contract is made available on this website. The provisions of the paragraph 4a shall apply mutatis mutandis.

7. (repealed)

Chapter 3

Award modes

Division 1

Unrestricted tender

Article 39. [ Tender not restricted] An unrestricted invitation to tender shall be the award procedure in which all the economic operators concerned may be submitted in response to a public tender notice.

Article 40. [ Order Notice] 1. The purchaser shall initiate proceedings in an open tender procedure by posting a contract notice in a public place accessible at the premises of the public and on the website.

2. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procurator shall post an order notice in the Public Procurement Bulletin.

3. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procurator shall forward the contract notice to the Publications Office of the European Union.

4. (repealed)

5. The purchaser may publish the contract notice also in a different manner than the one specified in the paragraph. 1-3, in particular in the journal or journal of a nationwide range.

(5a) The purchaser may, after posting a contract notice in the Public Procurement Bulletin or announcing a contract notice to the Publications Office of the European Union, immediately inform the purchaser of the opening of the contract known to themselves contractors, who, in the course of their activities, provide supply, services or works which are the subject of an order. The provisions of the paragraph Article 6 (2) shall apply mutatis mutandis.

6. The contract notice, which shall be published or published in a public place accessible to the public at the premises of the contracting authority, shall be published on the website referred to in paragraph 6. 1, in a journal or journal of a nationwide range or in other ways:

1) may not be properly posted or published before the date of its insertion in the Public Procurement Bulletin, and in the case referred to in paragraph. 3, before the date of its transmission to the Publications Office of the European Union;

2) may not contain information other than those provided in the Public Procurement Bulletin, and in the case referred to in paragraph. 3, other than communicated to the Publications Office of the European Union;

3) contain information on the date of its insertion in the Public Procurement Bulletin, and in the case referred to in the paragraph. 3, the date of its transmission to the Publications Office of the European Union.

Article 41. [ Content of contract notice] The contract notice referred to in Article 40 par. 1, shall contain at least:

1) the name (company) and the address of the procuring;

2) determination of the order mode;

3) the address of the website, on which the specification of the essential terms of the contract will be posted;

4) the definition of the subject and the size or scope of the contract, giving information on the possibility of submitting partial offers;

5) information on the possibility of submitting a variant offer;

6) the date of performance of the contract

7) the conditions for participation in the proceedings and a description of how to assess the fulfilment of these conditions;

8) information on the defect;

9) criteria for the evaluation of tenders and their importance;

10) place and deadline for the submission of tenders;

(11) the date on which the tender is bound;

12) information on the intention of concluding a framework agreement;

13) information about the intention to establish a dynamic purchasing system together with the address of the website, where additional information regarding the dynamic purchasing system will be posted;

14) information on the envisaged choice of the most advantageous bid using the electronic auction together with the address of the website where the electronic auction will be conducted;

15) information on the expected supplementary contracts referred to in Article 67 par. 1 points 6 and 7 or art. 134 (1) 6 points 3 and 4, where the procuring provides for such contracts.

Article 42. [ Provide Vital Order Specification Specification] 1. The specification of essential terms of the contract shall be made available on the website from the day of posting of the contract notice in the Public Procurement Bulletin or publication in the Official Journal of the European Union until the expiry of the time limit for the submission of tenders.

2. At the request of the contractor, the contracting authority shall submit within 5 days a specification of essential terms of the contract. The fee which may be required for the specification of the essential terms of the contract may cover only the cost of printing and the transfer.

Article 43. [ Time limit for submission of tenders] 1. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring shall set a time limit for the submission of tenders, taking into account the time necessary for the preparation and submission of the tender, with that in the case of supplies or services the time limit may not be less than 7 days from the date of posting the contract notice in Public procurement bulletins, and in the case of construction works-not less than 14 days.

2. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the time limit for the submission of tenders may not be less than:

1) 40 days from the date on which the contract notice has been forwarded to the Publications Office of the European Union by electronic means, in accordance with the form and procedures indicated on the website referred to in the Directive;

(2) 47 days from the date of transmission of the contract notice to the Publications Office of the European Union in a manner other than that referred to in point 1.

3. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) (8) and the information on the contract has been included in the initial information notice, provided that the prior information notice contains all the information required in this notice, to the extent that such information is available at the time of publication of the information notice. notices, and has been sent to the Publications Office of the European Union or posted in the buyer's profile for at least 52 days and no more than 12 months before the date of dispatch of the contract notice, the procuring may set a deadline bidding not less than:

1) 22 days-from the date of the communication of the contract notice to the Publications Office of the European Union by electronic means, in accordance with the form and procedures indicated on the website referred to in the Directive;

2) 29 days-from the date of the communication of the contract notice to the Publications Office of the European Union in a manner other than that referred to in point 1.

Article 44. [ Statement of fulfilment of conditions of participation in the proceedings] The contractor shall submit, together with the tender, a declaration of the fulfilment of the conditions for participation in the proceedings, and if the contracting authority requests documents confirming the fulfilment of those conditions, also those documents.

Article 45. [ Wadium] 1. The purchaser shall request the contractors to lodge a security, if the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring may require contractors to lodge a security.

3. The Wadium shall be lodged before the closing date for the submission of tenders.

4. The purchaser shall determine the amount of the tendering security of not more than 3% of the value of the order.

5. If the procurator allows the submission of partial bids or grants the order in parts, specifies the amount of the tendering security for each of the parts. The provisions of the paragraph 4 shall apply mutatis mutandis.

(5a) If the contracting authority provides for the award of supplementary contracts referred to in Article 4 (5) of the 67 par. 1 points 6 and 7 or art. 134 (1) 6 (3) and (4), specifies the amount of the security for the value of the basic order. The provisions of the paragraph 4 shall apply mutatis mutandis.

6. The Wadium may be made in one or more of the following forms:

1) money;

(2) bank guarantees or sureties of the cooperative credit fund, except that the guarantee of the cash register is always a financial guarantee;

3) bank guarantees;

4) insurance guarantees;

5) guarantees provided by the entities referred to in art. 6b par. 5 point 2 of the Act of 9 November 2000. o Establishment of the Polish Agency for Enterprise Development (Dz. U. of 2014 items 1804 and from 2015. items 978 and 1240).

7. The Wadium paid in money shall be paid by transfer to the bank account indicated by the ordering party.

8. The Wadium placed in the procuring money shall be kept in the bank account.

Article 46. [ Refund of defecation] 1. The purchaser shall return the tendering security to all contractors immediately after the selection of the most favourable offer or cancellation of the proceedings, with the exception of the contractor whose tender was chosen as the most advantageous, subject to the paragraph. 4a.

1a. The contractor whose tender has been chosen as the most advantageous, the procurator shall return the tendering security immediately after the conclusion of the contract on the public contract and the lodging of the security of the performance of the contract, if his/her contribution was requested.

2. The purchaser shall return immediately to the tendering security at the request of the contractor who withdrew the tender before the closing date for the submission of tenders.

3. The purchaser shall request the refiling of the defect by the contractor who has been returned to the defect pursuant to the paragraph. 1 if, as a result of the settlement of the appeal, its tender has been chosen as the most advantageous. The contractor shall lodge the tendering security within the time limit specified by the contracting authority.

4. If the security is lodged in the money, the contracting authority shall return it with interest resulting from the bank account agreement on which it was held, less the costs of running the bank account and the bank commission for the money transfer on the bank account indicated by the contractor.

4a. The purchaser stops the security with interest if the contractor in response to the request referred to in art. 26 par. 3, for reasons lying on his side, did not submit the documents or statements referred to in art. 25 par. 1, proxies, lists of entities belonging to the same capital group as referred to in art. 24 ust. Article 2 (5), or information on the fact that it does not belong to a capital group, or has not agreed to correct the error referred to in Article 2 (2) (a) of Article 4 (5), or to the 87 (1) Article 2 (3), which resulted in the failure to select the tender submitted by the contractor as the most advantageous one.

5. The purchaser stops the defect with interest, if the contractor whose bid is selected:

1) refused to sign the contract on the public procurement contract under the conditions specified in the tender;

2) has not lodged the required security of the performance of the contract;

3) the conclusion of the contract on the public procurement contract became impossible for reasons attributable to the contractor.

Division 2

Limited tender

Article 47. [ Tender limited] A restricted tender shall be restricted to the award of a contract in which, in response to a public contract notice, economic operators shall submit a request for admission to tender, and tenders may be submitted to the contractor to be invited to tender.

Article 48. [ Order Notice] 1. To initiate the procedure under the restricted procedure of the Article 40 shall apply mutatis mutandis.

2. The contract notice referred to in Article 2. 47, contains at least:

1) the name (company) and the address of the procuring;

2) determination of the order mode;

3) determination of the subject matter of the contract, stating the information about the possibility of submitting partial offers;

4) information on the possibility of submitting a variant offer;

5) the date of performance of the contract

6) the conditions for participation in the proceedings and a description of how to assess the fulfilment of these conditions, and the importance of these conditions;

7) information on the statements or documents to be provided by the contractor to confirm the fulfilment of the conditions of participation in the proceedings;

8) the number of contractors who will be invited to submit tenders;

8a) a description of the objective and non-discriminatory manner of selecting contractors who will be invited to submit a tender, when the number of contractors meeting the conditions for participation in the proceedings will be greater than that specified in the contract notice;

9) information on the defect;

10) criteria for the evaluation of tenders and their importance;

11) the place and date of submission of applications for participation in the proceedings;

12) the address of the website on which the specification of essential terms of the contract is made available, if the ordering party makes it available on this website;

(13) information on the intention to conclude a framework agreement;

14) information on the envisaged choice of the most advantageous bid using the electronic auction together with the address of the website where the electronic auction will be conducted;

15) information on the expected supplementary contracts referred to in Article 67 par. 1 points 6 and 7 or art. 134 (1) 6 points 3 and 4, where the procuring provides for such contracts.

Article 49. [ Deadline for submission of requests for participation in the proceedings] 1. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring in the contract notice shall set a time limit for the submission of requests to participate in the proceedings, taking into account the time necessary to prepare and submit the required documents, with the fact that the time limit shall not be less than 7 days as from the day on which the notice is published in the Public Procurement Bulletin.

2. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the time limit for the submission of applications for participation in a restricted invitation to tender may not be less than:

1) 30 days, from the date of transmission of the contract notice to the Publications Office of the European Union, by electronic means in accordance with the form and procedures indicated on the website referred to in the Directive;

(2) 37 days from the date on which the contract notice is forwarded to the Publications Office of the European Union, other than that referred to in point 1.

3. If there is an urgent need to award a contract, the procuring may, in the cases referred to in the paragraph. 2, set a shorter time limit for the submission of applications for participation in a restricted tender, but not less than:

1. 10 days, from the date of transmission of the contract notice to the Publications Office of the European Union, by electronic means in accordance with the form and procedures indicated on the website referred to in the Directive;

(2) 15 days from the date on which the contract notice is forwarded to the Publications Office of the European Union by fax.

Article 50. [ Statement of fulfilment of conditions of participation in the proceedings] 1. With the application for admission to participation in a restricted tender, the contractor shall submit a statement of the fulfilment of the conditions of participation in the proceedings, and if the procurator requests documents confirming the fulfilment of the conditions, also those documents.

2. In the case of submission after the date of the application for admission to participate in the procurement procedure with a value less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8 the procurator shall immediately return the request. In the case of contracts with a value equal to or exceeding the amount specified in the provisions issued on the basis of Article 11 (1) The contracting authority shall notify the contractor without delay of the submission of the application after the time limit and shall return the request after the time limit for lodging an appeal has expired.

Article 51. [ Invitation of contractors to submit tenders] 1. The purchaser shall invite you to submit offers of economic operators who meet the conditions for participation in the proceedings, in the number specified in the notice providing the competition, not less than 5 and no more than 20.

1a. On the results of the assessment of the fulfilment of the conditions of participation in the proceedings and of the assessments received, the fulfilment of these conditions of the contracting authority shall without delay inform the contractors who have submitted requests for admission to participate.

2. If the number of contractors who meet the conditions for participation in the proceedings is greater than that specified in the notice, the procurator shall invite to submit tenders of contractors selected in an objective and non-discriminatory manner. An economic operator not invited to submit a tender shall be treated as excluded from the procurement procedure.

3. If the number of contractors who meet the conditions for participation in the proceedings is less than that stipulated in the contract notice, the procuring shall invite you to submit a tender of all contractors meeting those conditions.

4. With the invitation to tender, the contracting authority shall provide the Contractor with a specification of the relevant terms of the contract and shall indicate the time and place of publication of the contract notice referred to in Article. 47. Rules of Art. 36 ust. 1 points 5 and 6 shall not apply.

Article 52. [ Deadline for bid and order value] 1. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the contracting authority shall set a time limit for the submission of tenders, taking into account the time necessary for the preparation and submission of the tender, with the fact that that time limit may not be less than 7 days from the date of transmission of the invitation to tender for supplies or services and not shorter than 14 days for the construction works.

2. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the time limit for receipt of tenders may not be less than 40 days from the date of transmission of the invitation to tender.

4. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) (8) and if there is an urgent need to award a contract, the contracting authority may set a time limit for the submission of tenders for not less than 10 days.

5. The purchaser may set the time limit referred to in the paragraph. 2, shorter by 5 days, if it makes available the specification of essential terms of the contract on the website no later than the date of publication of the contract notice in the Official Journal of the European Union until the expiry of the time limit for the submission of tenders.

Article 53. [ Application of provisions of the Act] The provisions of the Article shall apply to the restricted tender. 45 and 46.

Division 3

Negotiations with an announcement

Article 54. [ Negotiations with an announcement] Negotiations with an announcement is a procedure for awarding a contract in which, following a public contract notice, the contracting authority invites the contractors admitted to participate in the procedure for the submission of preliminary tenders which do not contain the price, shall lead to them. negotiations, and then invites them to submit bids.

Article 55. [ Terms of award of the contract in negotiated negotiations with the announcement] 1. The purchaser may award the contract in negotiations with the announcement, if at least one of the following circumstances is present:

1. in proceedings previously conducted in an open tender procedure, restricted tender or competitive dialogue, all tenders have been rejected and the original terms of the contract have not been substantially altered;

2) in exceptional situations where the nature of the supplies, services or works or the associated risk makes it impossible to carry out their valuation in advance;

3) it is not possible to determine in advance the detailed features of the services ordered in such a way as to enable the selection of the most advantageous tender in the form of an open tender or a restricted tendering procedure;

4) the subject of the contract is construction works carried out exclusively for research, experimental or development purposes, and not to provide profit or cover the incurred costs of research or development;

5) the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. (repealed)

Article 56. [ Adequate application of the law] 1. To initiate proceedings in negotiations with the announcement of the provisions of the art. 40 and Art. 48 (1) 2 shall apply mutatis mutandis.

2. To submit requests to participate in negotiations with the announcement of the provisions of art. 49 and 50 shall apply mutatis mutandis.

Article 57. [ Invitation to submit preliminary bids] 1. On the results of the assessment of the fulfilment of the conditions of participation in the proceedings and of the assessments received, the fulfilment of these conditions of the contracting authority shall without delay inform the contractors who have submitted requests for admission to participate.

2. The purchaser invites to submit preliminary tenders of the contractors who meet the conditions for participation in the proceedings, in the number specified in the contract notice, providing the competition, not less than 3, and if the value of the order is equal or exceeds the amounts specified in the provisions adopted on the basis of Article 11 (1) 8, not less than 5. The provisions of Article 4 82-84, art. 89 par. 1 points 1-3, 5 and 8 and art. 93 (1) 1 points 1, 6 and 7 and paragraph. 2-4 shall apply mutatis mutandis.

3. If the number of contractors who meet the conditions for participation in the proceedings is greater than that specified in the notice, the procuring shall invite you to submit pretenders of the contractors selected in an objective and non-discriminatory manner. An economic operator not invited to submit a preliminary bid shall be treated as excluded from the procurement procedure.

4. If the number of contractors who meet the conditions for participation in the proceedings is less than that stipulated in the notice, the procuring shall invite you to submit preliminary offers of all contractors meeting those conditions.

5. With the invitation to submit preliminary bids, the procurator shall pass on the specification of the essential terms of the contract. Art. 36 ust. 1 points 5, 6, 9 and 11 shall not apply.

6. The purchaser shall set a time limit for the submission of preliminary tenders, taking into account the time necessary for the preparation and submission of the preliminary offer, with the fact that the time limit may not be less than 10 days from the date of transmission of the invitation to tender preliminary bids.

Article 58. [ Negotiations] 1. The purchaser shall invite to the negotiations of all contractors who have submitted preliminary bids not subject to rejection, indicating the time limit and the place of publication of the contract notice.

2. The purchaser shall conduct negotiations in order to further clarify or supplement the description of the subject of the contract or the terms of the contract on the public procurement contract.

3. The negotiations conducted shall be of a confidential nature. Neither party may, without the consent of the other party, disclose the technical and commercial information relating to the negotiations.

4. All requirements, explanations and information, as well as the documents related to the negotiations shall be transferred to the contractors on an equal basis.

Article 59. [ Refine or replexing the specification of essential terms of the contract] 1. Upon termination of the negotiations, the procuring may further refine or supplement the specification of the essential terms of the contract only to the extent that it was the subject of negotiations.

2. The changes referred to in paragraph. 1, shall not lead to a material change of the subject of the contract or the original terms of the contract.

Article 60. [ Invitation to tender] 1. The purchaser shall invite the contractors with whom he has conducted the negotiations, to submit tenders. The provisions of Article 4 45 and 46 shall apply.

(2) An invitation to tender shall contain at least the following information:

(1) the place and date of submission and opening of tenders;

(2) the obligation to lodge a security;

3) date of binding offer.

3. The purchaser shall set a time limit for the submission of tenders, taking into account the time necessary for the preparation and submission of the tender, with the fact that the time limit may not be less than 10 days from the date of transmission of the invitation to tender.

4. Where the procurator has made the changes referred to in art. 59 (1) 1, together with the invitation to tender, passes the specification of the essential terms of the contract or posted it on the website, if the specification is made available on this website.

Division 3a

Competitive dialogue

Article 60a. [ Competitive dialogue] A competitive dialogue is an award procedure where, following a public contract notice, the contracting authority conducts a dialogue with its selected contractors and then invites them to submit their tenders.

Article 60b. [ Conditions for award of the contract in competitive dialogue mode] 1. The purchaser may award the contract in a competitive dialogue mode, if the following circumstances are combined:

1) it is not possible to award the contract in an unrestricted or limited tender procedure, because due to the particularly complex nature of the contract, the subject of the contract cannot be described in accordance with art. 30 and 31 or objectively determine the legal conditions or financial performance of the contract;

2) the price is not the only criterion for selecting the most advantageous tender.

2. (repealed)

Article 60c. [ Adequate application of the law] 1. To initiate proceedings in the dialogue mode of a competitive provision of the art. 40 and Art. 48 (1) 2 shall apply mutatis mutandis, except that the contract notice shall also include:

1) a description of the needs and requirements of the ordering party specified in such a way as to allow the preparation of the contractors to participate in the dialogue or information about how to obtain this description;

2) information on the amount of prizes for contractors, who during the dialogue presented the solutions constituting the basis for the submission of tenders, if the procurator provides for awards.

(1a) If, in view of the complexity of the contract, it is not possible, at this stage of the procedure, to establish the meaning of the criteria for the evaluation of tenders, the contract notice shall specify the criteria for the evaluation of tenders in order from the most important to the least important. Article Article 48 (1) Point 10 does not apply.

2. For the submission of requests to participate in the dialogue, the provisions of art. 49 (1) 1 and 2 and Art. 50 shall apply mutatis mutandis.

Article 60d. [ Invitation to competitive dialogue] 1. On the results of the assessment of the fulfilment of the conditions of participation in the proceedings and of the assessments received, the fulfilment of these conditions of the contracting authority shall without delay inform the contractors who have submitted requests for admission to participate.

2. The purchaser invites to a competitive dialogue of contractors who meet the conditions for participation in the proceedings, in the number specified in the contract notice, providing the competition, not less than 3, and if the value of the order is equal or exceeds the amounts specified in the provisions adopted on the basis of Article 11 (1) 8, not less than 5.

3. If the number of contractors who meet the conditions for participation in the proceedings is greater than specified in the notice, the procuring shall invite to the dialogue of contractors selected in an objective and non-discriminatory manner. An economic operator not invited to a dialogue shall be treated as being excluded from the proceedings.

4. If the number of contractors who meet the conditions for participation in the proceedings is less than specified in the notice, the procuring shall invite you to a dialogue of all contractors fulfilling these conditions.

5. Invitation to the dialogue shall include at least:

1) information on the date and place of publication of the contract notice;

2) a description of the needs and requirements of the ordering party specified in such a way as to enable the preparation of the contractors to participate in the dialogue or information about the way of obtaining this description;

3) information on the place and date of the start of the dialogue.

6. All requirements, explanations and information, as well as documents related to the dialogue shall be provided to contractors on an equal basis.

7. The conducted dialogue shall be of a confidential nature and may concern all aspects of the contract. None of the parties may without the consent of the other party disclose technical and commercial information related to the dialogue.

Art. 60e. [ The course of the dialogue] 1. The purchaser shall conduct the dialogue until it is in a position to determine, as a result of the comparison of solutions proposed by the contractors, if necessary, the solution or the solution most satisfying its needs. At the end of the dialogue, the contracting authority shall immediately inform the contractors involved.

2. The purchaser may, prior to the invitation to tender, make a change of the requirements which are the subject of the dialogue.

3. With the invitation to tender, on the basis of the solutions presented during the dialogue, the procuring shall pass on the specification of the essential terms of the contract. Art. 36 ust. 1 points 5 and 6 shall not apply.

4. The purchaser shall set a time limit for the submission of tenders, taking into account the time necessary for the preparation and submission of the tender, with the fact that the time limit may not be less than 10 days from the date of transmission of the invitation to tender. The provisions of Article 4 45 and 46 shall apply.

Division 4

Negotiations without notice

Article 61. [ Negotiations without notice] Negotiations without notice are the award procedure, in which the procuring negotiates the terms of the contract on a public procurement contract with the contractors selected by the contractors, and then invites them to submit their tenders.

Article 62. [ Terms of award of the contract in negotiated mode without notice] 1. The purchaser may award the contract in negotiations mode without notice, if there is one or more of the following circumstances:

1) in the proceedings previously conducted in an open tender or restricted tender, no request for participation in the proceedings was received, no tenders have been submitted or all offers were rejected on the Article 1 89 par. 1 point 2 because of their non-compliance with the description of the subject of the contract and the original terms of the contract have not been substantially altered;

2) the contest referred to in art has been carried out. 110, in which the award was an invitation to negotiate without announcing at least two authors of selected competition works;

3) the subject of the contract are items manufactured exclusively for research, experimental or developmental purposes, and not to ensure profit or cover the incurred costs of research or development;

(4) in view of the urgency of the award of a contract which is not due to reasons attributable to the contracting party, which could not have been foreseen before, the time limits laid down for the unrestricted invitation to tender may not be retained, the restricted invitation to tender or negotiations with the announcement.

2. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8. from whom it is subject to the obligation to communicate to the Publications Office of the European Union the notices of supply or service contracts, the contracting authority shall, within three days of the opening of the procedure, notify the President of the Office of the initiation of the procedure, stating that the factual and legal reasons for the application of the award procedure.

2a. The purchaser shall, as soon as possible after the selection of the most advantageous tender, enter into the Public Procurement Bulletin as appropriate, or refer to the Publications Office of the European Union a notice of intention to enter into a contract containing at least:

1) the name (company) and the address of the procuring;

2) determining the subject matter and the size or scope of the order;

3) reasons for choosing the mode of negotiation without notice;

4) the name (company) or the name and address of the contractor whose tender is selected.

3. Prior to the opening of proceedings in negotiated mode without a notice on the basis of the mouth. 1 point 1, if the value of the contract is equal to or exceeds the amount specified in the provisions issued on the basis of art. 11 (1) 8, the contracting authority is obliged to notify the European Commission of the annulment of the procedure if the European Commission requests it to be forwarded.

Article 63. [ Negotiations under negotiation without notice] 1. The purchaser shall initiate proceedings in the negotiated mode without notice, passing the invitation to the negotiators chosen by the contractors.

2. Invitation to negotiate without notice shall include at least:

1) the name (company) and the address of the procuring;

2) the definition of the subject of the contract, stating the information about the possibility of submitting partial offers;

3) information on the possibility of submitting a variant offer;

4) the date of performance of the contract

5) the conditions for participation in the proceedings and a description of how to assess the fulfilment of these conditions;

6) determination of the order mode and the legal basis of its application;

7) criteria for the evaluation of tenders and their importance;

8) the place and timing of negotiations with the procuring.

3. The purchaser shall invite the economic operators in the number of competition to be negotiated, not less than 5, unless the number of economic operators capable of performing the contract is smaller, but not less than 2, due to the specialised nature of the contract.

4. In the case referred to in art. 62 ust. In accordance with Article 1 (1), the contracting authority shall invite the contracting authorities to negotiate, at least, those who have submitted tenders in an unrestricted tender or a restricted tender. The provisions of the paragraph 3 shall apply.

Article 64. [ Time limit for submission of tenders] 1. The purchaser shall set a time limit for the submission of tenders, taking into account the time needed to prepare and submit the offer.

2. Inviting to submit offers the contracting authority may require contractors to lodge a security. The provisions of Article 4 45 par. 3-8 and art. 46 applies.

3. With the invitation to tender, the procuring shall pass on the specification of the relevant terms of the contract. Article Article 36 ust. Point 5 does not apply.

Article 65. [ Adequate application of the law] To negotiate without announcing the provisions of art. 58 par. 3 and 4 and Art. 60 par. 1 and 2 shall apply mutatis mutandis.

Division 5

Free order purchase order

Article 66. [ Order from free hand] 1. A negotiated contract is a mode of award, in which the ordering party is awarded the contract after negotiations with only one contractor.

2. The purchaser, after the opening of proceedings, may properly post in the Public Procurement Bulletin or to refer to the Publications Office of the European Union an announcement of the intention to conclude an agreement containing at least:

1) the name (company) and the address of the procuring;

2) determining the subject matter and the size or scope of the order;

3) justification of the choice of the order mode from the free hand;

4) the name (company) or the name and address of the contractor to whom the procuring intends to award the contract.

Article 67. [ Conditions for the award of the contract with free hand] 1. The purchaser may award a contract from a free hand if there is at least one of the following circumstances:

1. supplies, services or works may be provided only by a single contractor:

(a) for technical reasons of an objective nature,

(b) on grounds relating to the protection of exclusive rights, arising from separate provisions,

(1a) the subject of the contract shall be those manufactured exclusively for the purposes of research, experimental, scientific or development activities which do not serve as a serial production by the contracting authority with a view to achieving a market return; or covering research or development costs, and which can be produced by only one contractor;

2) the contest referred to in art has been carried out. 110, in which the award was an invitation to negotiate in order mode with the free hand of the author of the selected competition work;

3) due to a unique situation not resulting from reasons attributable to the contracting party, which it could not have foreseen, immediate execution of the contract is required, and the time limits specified for other modes of granting are not to be maintained procurement;

(4) in the course of successive award procedures, at least one of which was under an unrestricted tender or a restricted tender, no request for participation in the proceedings was received. the submitted offers or all offers have been rejected on the basis of the Article 89 par. 1 point 2 because of their non-compliance with the description of the subject of the contract and the original terms of the contract have not been substantially altered;

5) in the case of the award to the existing contractor of the services or works of additional orders not covered by the basic order and not exceeding a total of 50% of the value of the executed order, necessary for its proper execution, the execution of which has become necessary as a result of a situation which has not previously been foreseen, if:

(a) for technical or economic reasons, the decoupling of an additional contract from the basic contract would require a disproportionate amount of cost, or

(b) the performance of the basic contract is subject to the execution of an additional

6. in the case of the award, within a period of 3 years from the award of the basic contract, to the existing contractor of the services or the works of supplementary contracts, representing not more than 50% of the value of the basic contract and the value of the contract a repetition of the same type of contract where the basic contract was awarded in an unrestricted or restricted tender procedure and the supplementary contract was provided for in the contract notice for the basic contract and is compatible with the subject of the basic contract;

7) in the case of granting, for a period of 3 years from the award of the basic contract, the existing contractor of supply, supplementary contracts, representing not more than 20% of the value of the base order and consisting in the extension of the delivery, if changing the contractor would necessitative the acquisition of things with other technical parameters, which would result in technical incompatibility or disproportionately large technical difficulties in use and supervision, if the basic order was granted in an unrestricted or restricted tender mode, and the supplementary contract was provided for in the contract notice for the basic contract and is in accordance with the subjectmatter of the basic contract;

8) it is possible to award the contract for supplies on particularly advantageous terms in connection with the liquidation of the activities of another entity, the enforcement proceedings or the bankruptcy;

9) the delivery order is made on the stock exchange within the meaning of the provisions of the freight exchanges, including on the stock exchange of other member states of the European Economic Area, or when it makes a purchase of certificates of origin, certificates of origin of agricultural biogas and certificates of origin from cogeneration on a commodity exchange within the meaning of the provisions on commodity exchanges, including the stock exchange of other Member States of the European Economic Area;

10) the contract is awarded by a foreign service within the meaning of the foreign service regulations, and its value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

11) the order is granted for the needs of its own military unit within the meaning of the provisions on the rules of use or residence of the Armed Forces of the Republic of Poland outside the State, and its value is less than the amounts specified in the regulations issued based on art. 11 (1) 8.

3. The provision of the paragraph. 2 shall not apply in the case of contracts awarded on the basis of a paragraph. 1:

1. point 1 (a), the object of which shall be:

(a) the supply of water by means of a water supply network or the discharge of waste water into a sewage network,

(b) the supply of gas from the gas network,

(d) (repealed)

(e) transmission or distribution services of electricity, heat or gaseous fuels;

2. point 3 in order to limit the effects of a random event caused by external factors which could not be foreseen, in particular, the life threatening or the health of humans or the threat of damage of significant size;

3. paragraphs 8 and 9.

4. The purchaser may derogate from the application of the provisions of art. 19-21, art. 24 ust. 1 points 2 and 3 and art. 68 par. 1 in the case of contracts awarded on the basis of a paragraph. 1 point 1 lit. b and c and point 2, as well as the contracts referred to in paragraph 1. 3.

5. The purchaser may depart from the application of the provisions of art. 27, art. 68 par. 2, art. 139 in the case of contracts awarded on the basis of a paragraph. 1 point 9.

6. The purchaser may depart from the application of the provisions of art. 68 par. 2 in the case of awarding contracts in the area of creative or artistic activity on the basis of the mouth. 1 point 1 lit. b or c.

Article 68. [ The transmission of the information necessary for the conduct of the procedure] 1. Together with the invitation to the negotiations the procuring shall provide the information necessary for the conduct of the proceedings, including relevant for the parties the provisions which will be entered into the content of the concluded public procurement contract, general terms and conditions the contract or the model contract. Art. 36 ust. 1-3 and Art. 37 and 38 do not apply. The provisions of Article 4 36a and art. 36b shall apply mutatis mutandis.

2. The earliest, together with the conclusion of the contract on the contract of the public contractor, shall submit a declaration of meeting the conditions for participation in the proceedings, and if the value of the contract is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, also documents proving compliance with these conditions. Article Recipe 25 shall apply mutatis mutandis.

Division 6

Price Query

Article 69. [ Request for Price] The price query is the award mode, where the requestor directs the price question to the contractors you select, and invites them to submit a quote.

Article 70. [ Order Item in Price Query Mode] A procuring can award a contract in question price mode, if the subject of the contract are supplies or services commonly available with established quality standards, and the value of the order is less than the amounts specified in the regulations issued based on art. 11 (1) 8.

Article 71. [ Invitation to tender for suppliers of supply or service providers] 1. The purchaser shall initiate the proceedings in question of the price by inviting to submit tenders such a number of contractors providing in the framework of their activities the supply or service which is the subject of the contract, which shall provide for competition and the choice of the most advantageous offer, not less than 5.

2. With the invitation to tender, the procuring shall send the specification of the essential terms of the contract. Art. 36 ust. 1 points 8 and 15 do not apply.

Article 72. [ Award of the contract] 1. Each of the contractors may propose only one price and may not change it. No negotiations on the price are conducted.

2. The purchaser shall award the contract to the contractor, who has offered the lowest price.

Article 73. [ Adequate application of the law] To query the price of the provisions of art. 44 and Art. 64 par. 1 shall apply mutatis mutandis.

Division 7

Online bidding

Article 74. [ Electronic Bidding] 1. Electronic license is a mode of award of the order, in which, by means of a form placed on the website, enabling the introduction of necessary data in direct connection with this page, contractors submit further more favourable offers (to be done), which are subject to automatic classification.

2. The purchaser may award the contract in electronic auction mode, if the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

Article 75. [ Initiation of proceedings in electronic auction procedure] 1. The purchaser shall initiate proceedings in electronic auction mode by posting an order notice in the Public Procurement Bulletin, on its website and on the website on which the auction will be conducted.

2. The notice of the contract referred to in paragraph 2. 1, shall contain at least:

1) the name (company) and the address of the procuring;

2) determination of the order mode;

3) determining the subject of the contract;

4) the requirements for the registration and identification of contractors, including the technical requirements of IT equipment;

5) how to proceed in the course of the electronic auction, in particular the determination of the minimum heights of the conduct;

6) information about the number of stages of electronic auction and the time of their duration;

7. the time limit for the submission of requests to participate in electronic auction;

8. the opening deadline and the deadline and conditions for closing the electronic auction;

9) the conditions for participation in the proceedings and a description of how to assess the fulfilment of these conditions;

10) information on the statements or documents to be provided by the contractor to confirm the fulfilment of the conditions of participation in the proceedings;

(11) the date on which the tender is bound;

12) the date of performance of the contract

13) the requirements for the security of the performance of the contract;

14) essential for the parties to the provisions which will be entered into the content of the concluded public procurement contract, or the general terms of the contract, or the design of the contract, if the ordering party requires the contractor to enter into the contract with him on the contract the public under such conditions;

15) the address of the website on which electronic auction will be conducted.

Article 76. [ Deadline for submission of requests to participate in electronic auction] 1. The purchaser shall set a time limit for the submission of requests to participate in electronic auction not less than 7 days from the day of the announcement.

2. The purchaser allows to participate in electronic auction and invites to submit a tender of all contractors meeting the conditions for participation in the proceedings, specifying in the invitation a deadline to bind the contractor, which will offer the lowest price.

3. The purchaser may require the contractors to lodge a security, within the time limit specified by him, but not later than before the expiry of the deadline for the opening of electronic auction. The provisions of Article 4 45 and 46 shall apply mutatis mutandis.

4. The purchaser shall open an electronic auction within the time limit set in the contract notice, except that the time limit shall not be less than 5 days from the date of the communication to the contractors of the invitation to tender.

Article 77. [ Forwarding requests, statements and other information by electronic means] The contracting authorities and contractors shall, from the moment of their opening up to the moment of closing the auctions, transmit the requests, declarations and other information by electronic means.

Article 78. [ Submission of the offer] 1. The offer shall be made in electronic form.

2. Contractors submitted by contractors are subject to automatic classification on the basis of the price.

3. A bid submitted in the course of a bid ceases to bind when another contractor has made the offer more favourable.

Article 79. [ Stages of electronic bidding] 1. The electronic license may be either single-stage or multi-stage.

2. The purchaser may, if it reserved it in the notice, after the completion of each stage of the electronic bidding do not qualify for the next stage of electronic bidding of those contractors who have not submitted new acts, informing them of this immediately.

3. In the course of each stage of electronic auction, the ordering party shall keep all the contractors informed of the position of their tenders, the number of contractors involved in each of the stages of the electronic auction, and the prices of those tenders. the tenders submitted by them, except that, until the closing of the electronic auction, it does not disclose information enabling the contractor to be identified.

Article 80. [ Closing the electronic auction] 1. The purchaser closes the electronic auction:

1) within the time limit set in the notice;

(2) if no new steps have been notified within the period laid down in the notice period, or

3) after the end of the last one, fixed in the stage announcement.

2. Directly after the closing of the electronic auction, the ordering party shall state, as specified in the contract notice, the internet address, the name (company) and the address of the contractor whose tender is selected.

3. The purchaser shall award the contract to the contractor, who has offered the lowest price.

Article 81. [ Exemption of application of the law] To auction the electronic rules of art. 36-38 and 82-92 do not apply.

Chapter 4

Best Bid Selection

Article 82. [ Offer] 1. The Contractor may submit one bid.

2. The offer shall be submitted, under the action of invalidity, in written form or, with the consent of the ordering party, in electronic form, bearing a secure electronic signature verified with the assistance of a valid qualified certificate.

3. The content of the offering must match the content of the specification of the relevant terms

Article 83. [ Variant offer] 1. The purchaser may allow the possibility to submit a variant offer, if the price is not the only criterion of choice.

2. The purchaser may allow the possibility of submitting a partial offer, if the subject of the contract is divisible.

3. In the case referred to in paragraph. 2, the contractor may submit partial bids for one or more parts of the contract, unless the ordering party determines the maximum number of parts of the contract, for which partial bids may be submitted by one contractor.

Article 84. [ Change or withdrawal of tender] 1. The Contractor may, before the expiry of the time limit for the submission of tenders, amend or withdraw the offer.

2. In proceedings for the award of a contract with a value less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring shall immediately return the tender, which was submitted after the deadline. In the procurement procedure with a value equal to or exceeding the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring shall immediately notify the contractor of the submission of the tender after the deadline and shall return the tender after the time limit for lodging an appeal has expired.

Article 85. [ Bond bid] 1. The contractor shall be bound by the offer until the expiry of the term specified in the specification of essential terms of the contract, however, no longer than:

1) 30 days-if the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

2) 90 days-if the value of the contract for the works is equal to or exceeds the value of the sum of EUR 20 000 000, and for supplies or services-10 000 000 euro;

(3) 60 days-if the value of the contract is different from those referred to in points 1 and 2.

2. The contractor himself or at the request of the procuring may extend the deadline for binding the offer, with the fact that the procuring may only once, at least 3 days before the expiry of the deadline for binding the offer, ask the contractors for the consent to the extension this term for a marked period of time, but not longer than 60 days.

3. Refusal of consent, referred to in paragraph. 2, does not cause loss of the defect.

4. The extension of the deadline for binding offer shall be allowed only with the simultaneous extension of the period of validity of the tendering security or, if this is not possible, with the introduction of a new tendering security for an extended period of fixation. If the extension of the deadline for binding is made after the selection of the most favourable tender, the obligation to lodge a new tendering security or to extend it shall apply only to the contractor whose tender has been chosen as the most favourable.

5. The due date of the tender shall begin with the expiry of the time limit for the submission of tenders.

Article 86. [ Opening bids] 1. With the contents of the offers you cannot read before the deadline for opening tenders.

2. The opening of tenders shall be public and shall take place immediately after the expiry of the time limit for their submission, with the effect that the day on which the deadline for the submission of tenders expires is the day on which they are opened.

3. Directly before the opening of the tenders, the contracting authority shall indicate the amount which it intends to allocate for the financing of the contract.

4. During the opening of the tenders, the names (companies) and addresses of the contractors, as well as information concerning the price, the date of performance of the contract, the period of guarantee and the terms of payment of the offers shall be provided.

5. The information referred to in paragraph. 3 and 4 shall be transmitted immediately to the contractors who were not present at the time of the opening of the tenders, at their request.

Article 87. [ Request from economic operators clarifications on the content of tenders submitted-Improving the offer] 1. In the course of the examination and evaluation of the tenders, the contracting authority may request explanations of the contents of the tenders submitted. It is not acceptable to conduct negotiations between the contracting authority and the contractor for a complex offer and, subject to paragraph. 1a and 2, making any change in its content.

(1a) In proceedings conducted in the course of a competitive dialogue during the examination and evaluation of tenders, the contracting authority may require the economic operators to specify and refine the contents of the tenders and to provide additional information, except that it is not acceptable to significant changes to the contents of the tenders and changes to the requirements contained in the specification of essential terms of the contract.

2. The purchaser shall improve in the offer:

1) obvious clerical clerical mistakes,

2) obvious accounting errors, taking into account the consequences of the accounts made by the amendments,

3) other errors of non-conformity of the tender with the specification of the essential terms of the contract, not making significant changes in the contents of the tender

-without delay, notifying the contractor whose tender has been corrected.

Article 88. (repealed)

Article 89. [ Rejection of offers] 1. The purchaser shall reject the offer if:

1) is incompatible with the Act;

2) its content does not correspond to the content of the specification of essential terms of the contract, subject to art. 87 (1) 2 point 3;

3. its submission constitutes an act of unfair competition within the meaning of the provisions on combating unfair competition;

4) contains a grossly low price in relation to the subject of the contract;

5) has been filed by a contractor excluded from participation in the procurement procedure or uninvited to submit tenders;

6) contain errors in the calculation of the price;

7. the contractor within 3 days from the date of notification of the notice did not agree to correct the error referred to in art. 87 (1) 2 point 3;

8) is invalid on the basis of separate regulations.

2. (repealed)

Article 90. [ Clarifications of the elements of the offer with effect on the price level] 1. If the price of the offer appears grossly low in relation to the subject matter of the contract and raises the doubts of the ordering party as to the possibility of carrying out the subject of the contract in accordance with the requirements specified by the ordering party or resulting from separate regulations, in particular it is lower by 30% than the value of the contract or the arithmetic average of the prices of all the tenders submitted, the procuring asks for explanations, including submission of evidence, concerning the elements of the tender having an impact on the amount prices, in particular as regards:

1) the savings of the method of performance of the contract, selected technical solutions, exceptionally favourable conditions of performance of the contract available to the contractor, the originality of the contractor's project, the labour costs, the value of which was accepted to determine the price may not be less than the minimum wage for the work established on the basis of Article 2. 3-5 of the Act of 10 October 2002. with a minimum wage for work (Dz. U. No 200, pos. 1679, of late. zm.);

2) State aid granted on the basis of separate provisions.

2. The obligation to demonstrate that the offer does not contain a abnormally low price, rests with the contractor.

3. The purchaser rejects the offer of the contractor, who has not provided explanations or if the assessment made by the explanations together with the evidence provided confirms that the tender contains a grossly low price in relation to the subject of the contract.

4. If the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the contracting authority shall notify the President of the Office and the European Commission of the rejection of tenders which, according to the contracting authority, contained a abnormally low price on the basis of the award of public aid and the economic operator, within the time limit set by the contracting authority, did not prove that the aid is lawful within the meaning of the provisions on public aid proceedings.

Article 91. [ Tender Evaluation Criteria] 1. The purchaser chooses the most advantageous tender on the basis of the criteria for the evaluation of the tenders specified in the specification of the essential terms of the

2. The criteria for the evaluation of tenders shall be the price or price and other criteria relating to the subject matter of the contract, in particular quality, functionality, technical parameters, environmental, social, innovative, service, date of performance of the contract and costs operation.

2a. The price criterion can be used as the sole criterion for the evaluation of tenders, if the subject of the contract is widely available and has established quality standards, subject to art. 76 (1) 2, and in the case of the procuring referred to in art. 3 para. In addition, in the annex to the protocol of the procedure, where they are included in the description of the subject matter of the contract, the costs incurred in the entire period of use of the contract.

(3) The criteria for the assessment of tenders may not relate to the characteristics of the economic operator and, in particular, its economic, technical or financial credibility.

(3a) If an offer was submitted which would lead to a tax obligation under the goods and services tax rules, the contracting authority shall, with a view to the assessment of that offer, count on the price of the goods and the goods to which it is subject. services, which would be required to settle in accordance with those provisions. The contractor, submitting the tender, shall inform the ordering party whether the selection of the offer will lead to the creation of a tax obligation, indicating the name of the (type) of the goods or services the supply or benefit of which will lead to its origin, and indicating their value without the amount of tax.

(4) If the most favourable tender cannot be selected because two or more tenders represent the same price and other criteria for the evaluation of tenders, the contracting authority shall select the tender with a lower price.

5. If in the award procedure, in which the only criterion for the evaluation of tenders is the price, you cannot make the selection of the most advantageous tender due to the fact that there have been submitted offers of the same price, the procuring calls by contractors who they have submitted these offers, to be submitted within the time limit specified by the awarding-order.

6. The Contractors, submitting additional offers, cannot offer prices higher than offered in complex offers.

7. They shall immediately after the selection of the most advantageous tender, but within a period of not less than 14 days, the procuring shall pay the prizes to the contractors who during the dialogue presented the solutions constituting the basis for the submission of tenders, if the procuring he has provided for such awards.

8. The President of the Council of Ministers will determine, by means of a regulation, other than the price obligatory criteria for the evaluation of tenders in respect of certain types of public procurement, guided by the need to implement the provisions of European Union law and with a view to the specific nature or purpose of the public contract.

Article 91a. [ Online Auction] 1. If the proceedings are conducted in an open tender procedure, a restricted tender or negotiations with an announcement on the basis of art. 55 par. In order to select the most advantageous tender, the contracting authority shall carry out an electronic auction if it has provided the contract notice and at least 3 non-rejective tenders have been submitted after the evaluation of the tenders. Art. 91 (1) 4-6 does not apply.

2. The provision of the paragraph. 1 shall not apply in the case of contracts for creative or scientific activity.

3. The criteria for the evaluation of tenders in the course of the electronic auction are only the criteria specified in the specification of essential terms of the contract, enabling the automatic evaluation of the offer without the intervention of the procuring, indicated among the criteria on the basis of which the tenders were assessed before the electronic auction was opened.

4. The electronic auction shall be one-step.

Article 91b. [ Invitation to participate in electronic auction] 1. The purchaser shall invite by electronic means to participate in an electronic auction of all contractors who have submitted non-rejective offers.

2. In the invitation referred to in paragraph. 1, the procurator shall inform the contractors of:

1) the positions of the bids submitted by them and the resulting score;

2) the minimum values of the proceedings in the course of the electronic auction;

3) the date of opening of the electronic auction;

4) the date and conditions for closing the electronic auction;

5) how tenders are assessed in the course of the electronic auction.

3. The date of opening of the electronic auction shall not be less than 2 working days from the date of transmission of the invitation referred to in paragraph. 1.

4. The manner in which tenders are assessed in the course of an electronic auction should include the conversion of the items to the point of assessment of the tender, taking into account the score received before the opening of the electronic auction.

Art. 91c. [ The course of the electronic auction] 1. In the course of the electronic auction, the contractor using the form on the website, enabling the necessary data to be entered in direct connection to this website, shall submit further more favourable proceedings, subject to the Automatic evaluation and classification. Art. 82 ust. 1 and 2, art. 83 and 84 and art. 86-89 does not apply.

2. The attainment, under the rigorous of nullity, shall consist of a secure electronic signature verified by means of a valid qualified certificate.

3. In the course of the electronic auction, the ordering party shall inform each economic operator of the position of the tender and the scoring received and the most advantageous bid. Until the electronic auction is closed, no information shall be disclosed to enable the identification of the economic operators.

4. The contractor's offer shall cease to bind in so far as he lodges a more favourable offer in the course of the electronic auction. The date of delivery of the tender shall not be interrupted.

5. Rules of Art. 77, Art. 80 par. 1 (1) and (2) and (2) 2 shall apply mutatis mutandis.

Article 92. [ Notification of economic operators] 1. At the same time, after selecting the most advantageous tender, the contracting authority shall at the same time notify the suppliers who have submitted the tenders at the same time:

1) the selection of the most advantageous tender, giving the name (company) either the name, the seat or the place of residence and the address of the contractor whose tender is chosen, the reasons for its choice and the name (company) or names, the seat or the place of the place of residence the residence and addresses of the contractors who have submitted tenders and the scores awarded to the tenders in each of the criteria for the evaluation of the tenders and the total score;

2) contractors whose tenders have been rejected, stating the factual and legal reasons;

3) contractors who have been excluded from the procurement procedure, stating the factual and legal reasons-if the proceedings are conducted in an unrestricted tender, negotiations without notice or enquiries about the price;

4) the date specified in accordance with art. 94 par. 1 or 2, after which the contract on the public contract may be concluded.

2. They shall immediately after the selection of the most advantageous tender offer the information referred to in paragraph 1. 1 point 1, on the website and in a public place accessible at its premises.

Article 93. [ Annulment of the award procedure] 1. The purchaser shall invalidate the procurement procedure if:

1) no offer of non-rejection has been submitted or no request for participation in the proceedings from the contractor not subject to exclusion has been received, subject to points 2 and 3;

2) at least two non-rejective bids were not submitted in the proceedings conducted in the query mode.

3) in proceedings conducted in electronic auction mode have received less than two requests to participate in electronic auction or no offer has been submitted;

4. the price of the most advantageous tender or offer with the lowest price exceeds the amount which the contracting authority intends to use to finance the contract, unless the ordering party may increase that amount to the most advantageous tender;

5) in the cases referred to in art. 91 (1) (5) additional offers have been submitted at the same price;

(6) there has been a significant change in the circumstances in which the conduct of the proceedings or the performance of the contract is not in the public interest, which could not have been foreseen previously;

(7) an impossibility to remove a defect which prevents the conclusion of an agreement on a public contract which does not invalidate the contract cannot be dislodged.

1a. The purchaser may cancel the procurement procedure if the funds originating from the budget of the European Union and the non-reimbursable funds from the assistance provided by the Member States of the European Free Trade Agreement (EFTA) which the contracting authority intended to allocate to finance all or part of the contract has not been awarded to it, and the possibility of annulling the procedure on that basis is provided for in:

1) the contract notice-in proceedings conducted in an open tender procedure, restricted tender, negotiations with notice, competitive dialogue or electronic auction, or

2) a call for negotiations-in proceedings conducted in the negotiated procedure without notice or a negotiated contract, or

3) invitation to tender-in proceedings conducted in the query mode for a price.

(1b) The purchaser may cancel the procurement procedure if the means for financing the research contracts or development work which the contracting authority intended to allocate to finance all or part of the contract have not been granted, and the possibility of invalidating the proceedings on that basis was provided for in:

1) the contract notice-in proceedings conducted in an open tender procedure, restricted tender, negotiations with notice, competitive dialogue or electronic auction, or

2) a call for negotiations-in proceedings conducted in the negotiated procedure without notice or a negotiated contract, or

3) invitation to tender-in proceedings conducted in the query mode for a price.

1c. In the case referred to in paragraph. 1 point 4 if an offer was submitted, the choice of which would lead to a tax liability in accordance with the provisions on goods and services tax, the price of the most advantageous tender or bid with the lowest price is subject to a tax on goods and the services which the contracting authority would be obliged to settle in accordance with those provisions.

2. If the Contracting Authority has allowed the possibility of submitting partial offers, to annul in the part of the proceedings for the award of the contract the provision of the paragraph. 1 shall apply mutatis mutandis.

3. The revocation of the procurement procedure shall simultaneously notify all contractors who:

1) they applied for the award of the contract-in the event of cancellation of the proceedings before the closing date for the submission of tenders,

2) submitted tenders-in case of invalidity of the proceedings after the expiry of the time limit for submission of tenders

-stating the factual and legal reasons.

4. In the event of cancellation of the procurement procedure for reasons attributable to the procuring party, contractors who have submitted bids not subject to rejection shall have a claim for reimbursement of the reasonable costs of participation in the proceedings, in particular the costs of preparing the offer.

5. In the event of a cancellation of the procurement procedure, the contracting authority shall, at the request of the contractor who has applied for the award of the contract, give notice of the opening of the following procedure, which shall refer to the same subject matter of the contract or include the contract. the object of the contract.

Article 94. [ Conclusion of the contract on public procurement] 1. The purchaser shall conclude a contract on the public procurement, subject to art. 183, within:

1) not less than 10 days from the date of sending the notice of choice of the most advantageous tender, if the notice has been sent in the manner specified in Art. 27 ust. 2, or 15 days-if transferred otherwise-in the case of contracts the value of which is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

2) not less than 5 days from the date of sending the notice of choice of the most advantageous tender, if the notice has been sent in the manner specified in art. 27 ust. 2, or 10 days-if transferred in a different way-in the case of orders whose value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. The purchaser may conclude a contract on a public contract before the expiry of the time limits referred to in paragraph. 1, if:

1. in the procedure for awarding the contract:

(a) in the case of an unrestricted tender, only one tender was submitted,

(b) in the case of a restricted tendering procedure, negotiations with an advertisement and a competitive dialogue have been submitted only one tender and, in the event of the exclusion of the economic operator, the time limit for bringing an appeal against that act has expired, or following the transfer has announced a judgment or an order terminating the appeal proceedings; or

2) the contract concerns a contract awarded in the negotiated mode without notice, either under a dynamic purchasing system or under a framework agreement; or

3) in the procedure for the award of a contract with a value less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8 no offer was rejected and:

(a) in the case of an unrestricted tender or a question of price, no economic operator has been excluded,

(b) in the case of a restricted tendering procedure, negotiations with an announcement, a competitive dialogue and an electronic auction, the time limit for bringing an appeal against the exclusion of the economic operator has expired or the Chamber has announced a judgment or a decision to bring it into service. the decision terminating the appeal proceedings; or

(4) the proceedings shall be conducted in electronic auction, except in the event of the exclusion of an economic operator against whom the time limit has not yet expired, or the Chamber has not yet announced the judgment or the decision to bring it into effect. the provisions terminating the appeal proceedings.

3. If the contractor whose tender has been chosen is abrogating from the conclusion of the contract on the public contract or does not provide the required security of the performance of the contract, the procurator may choose the most advantageous tender among the others tenders without reexamination and evaluation, unless the conditions for the annulment of the proceedings referred to in Article 1 are to be annulled. 93 (1) 1.

Article 95. [ Notice of award of a public contract or a framework agreement] 1. If the value of the contract or framework contract is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the contracting authority shall issue an award notice in the Public Procurement Bulletin without delay after the conclusion of the contract on a public contract or a framework contract.

2. If the value of the contract or framework contract is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, immediately after the conclusion of an agreement on a public contract or a framework agreement, the procurator shall forward the notice of award to the Publications Office of the European Union.

3. The purchaser may forward the contract award notice, if the contract is awarded on the basis of a framework agreement.

4. In the case of awarding contracts subject to a dynamic purchasing system, the contracting authority may waive the communication of the notices in accordance with the paragraph. 2 and submit the contract award notices once every 3 months.

Chapter 5

Documentation of proceedings

Article 96. [ Protocol] 1. In the course of conducting the procurement procedure, the procuring shall draw up a written record of the procurement procedure, hereinafter referred to as the "Protocol", containing at least:

1) description of the subject of the contract

2) information about the contract award procedure;

3) information on performers;

4) the price and other relevant elements of the tenders;

5) an indication of the selected offer or offers.

2. Offers, opinions of experts, statements, information from the meeting referred to in art. 38 par. 3, notifications, applications, other documents and information submitted by the contracting authority and contractors and the contract on public procurement constitute the annexes to the protocol.

2a. If a technical dialogue was carried out prior to the opening of the procurement procedure, information about the technical dialogue, the entities which participated in the technical dialogue, and the impact of the technical dialogue on the description of the contract were carried out. the subject of the contract, the specification of the essential terms of the contract or the terms of the contract

3. The protocol together with the annexes shall be open. The Annexes to the Protocol shall be made available after the selection of the most favourable tender or cancellation of the procedure, including that tenders shall be made available from the opening of the tender, preliminary offers from the date of the invitation to tender, and requests for admission to the participation in the proceedings from the date of notification of the results of the assessment of the conditions for participation in the proceedings.

4. (repealed)

5. The President of the Council of Ministers shall determine by way of regulation:

1) the model of the protocol and the scope of additional information contained in the protocol, with a view to the value of the contract, the procedure of the procurement procedure, and also with the aim of ensuring the possibility of making comments on the content of the protocol by the persons the carrying out of the operations relating to the performance of the procurement procedure;

2) the manner and form of making available to the interested protocol, together with the annexes, with a view to ensuring public disclosure of the procurement procedure.

Article 97. [ Protocol Passing] 1. The purchaser shall store the protocol together with the annexes for a period of 4 years from the date of termination of the procurement procedure, in a manner guaranteeing its inviolability.

2. The purchaser shall return to the contractors whose tenders have not been selected, upon their request, their plans, designs, drawings, models, samples, designs, computer programs and other similar materials.

Article 98. [ Annual report on awarded contracts] 1. The purchaser shall draw up an annual report on the contracts awarded, hereinafter referred to as "the report".

2. The procuring report shall forward to the President of the Office by 1 March of each year following the year to which the report relates.

3. (repealed)

4. The President of the Council of Ministers shall determine, by means of a regulation, the scope of the information contained in the report, its formula and the manner of transmission, having regard to the requirements concerning the content of the report to be transmitted to the European Commission, including the the procuring, the country of origin of the selected contractor, the value of the contracts awarded, the type of procurement and the mode of their award and the legal basis for the application, and if their value is equal or exceeds the amount expressed in PLN equivalent of 20 000 000 euro for construction works or EUR 10 000 000 for supplies or services-also the performance of contracts, and taking into account the obligation to communicate to the European Commission the number and total value of contracts awarded on the basis of exemptions from the application of the law laid down in the Article. 4 points 1-3, 6, 7 and 10-13 and art. 136-138, the total value of contracts awarded on the basis of the exemption of the obligation to apply the law specified in Art. 4 paragraph 8.

SECTION III

Specific provisions

Chapter 1

Framework agreements

Article 99. [ Framework Agreement] The contracting authority may conclude a framework agreement after the procedure has been carried out by applying, as appropriate, the provisions on the award of the contract in an unrestricted tender, restricted invitation to tender or negotiations with an invitation to tender.

Article 100. [ Conclusion of the framework agreement] 1. The framework agreement shall be concluded for a period of not more than four years, except that due to the subject of the contract and the specific interest of the procuring contract, such an agreement may be concluded for a longer period.

2. With the conclusion of a framework agreement for a period of more than 4 years, the Contracting Authority shall immediately inform the President of the Office, indicating the value and subject of the contract and the factual and legal justification.

3. The Framework Agreement shall be concluded:

1) with a single contractor, if for technical or organizational reasons the conclusion of a contract with more contractors would be for the procuring disadvantage;

2) at least three executors, unless the non-rejective offers have submitted fewer performers.

4. The purchaser shall not use the framework agreement to restrict competition.

Article 101. [ Award of the contract] 1. The purchaser shall award the contract, the subject matter of which is covered by the framework contract:

(1) the economic operator with whom he has entered into a framework contract, under conditions which are not less favourable than those laid down in the framework agreement; 68 par. 1 shall apply mutatis mutandis;

(2) the economic operators with whom it has concluded a framework agreement, inviting them to submit their tenders; the provisions of Article 4 (1) of the 45 and 46, art. 60 par. 2, art. 64 par. 1 and 3 and Art. 92 shall apply mutatis mutandis.

2. By dividing the order referred to in paragraph. 1, the procuring may change the terms of the contract in relation to the terms set out in the framework agreement, if the change is not relevant. The contracting authority may not amend the criteria for the evaluation of the tenders referred to in the framework agreement.

3. The offer made as a result of the invitation referred to in the paragraph. Article 1 (1) may not be less favourable than the offer made in the proceedings for the conclusion of a framework agreement.

4. The contracts covered by the framework agreement shall not apply to the provisions of Article 4 (1) of the Financial Regulation. 26 and Art. 169 (1) 2.

Chapter 2

Dynamic purchasing system

Article 102. [ Dynamic purchasing system] 1. The purchaser may establish a dynamic purchasing system and award contracts covered by that system, applying mutatis mutandis provisions for the award of an order in an open tender procedure, if the provisions of this chapter do not constitute otherwise.

2. A dynamic purchasing system shall be established for a period of not more than 4 years, with the fact that due to the subject of the contract and the specific interest of the ordering party the system may be established for a longer period.

3. Where a dynamic purchasing system is established for a period of more than 4 years, the contracting authority shall notify the President of the Office within a period of 3 days, indicating the value of the dynamic purchasing system and the subject matter of the contracts covered by that system and justification factual and legal.

4. The purchaser shall not use the dynamic purchasing system to restrict competition.

Article 103. [ Award of the dynamic purchasing system] 1. In proceedings conducted with the aim of establishing a dynamic purchasing system and in the procurement procedure covered by a dynamic purchasing system, the procuring and contractors transmit statements, documents, applications, notices, Invitations and other information by electronic means.

2. In the proceedings referred to in paragraph. 1, tenders shall be submitted, subject to the action of invalidity, in electronic form, bearing a secure electronic signature verified by means of a valid qualified certificate.

3. The notices shall be published in the Public Procurement Bulletin by electronic means using forms on the website of the Office's Internet portal, and the Publications Office of the European Union shall be transmitted electronically in accordance with the form and form of the Publications Office. procedures indicated on the website referred to in the Directive.

Article 104. [ Providing specification of essential terms of the contract and information concerning the dynamic purchasing system] 1. From the date of posting of the contract notice in the Public Procurement Bulletin or publication in the Official Journal of the European Union, the procurator shall make available on the website the specification of the essential terms of the contract and information concerning dynamic purchasing systems, and in particular:

1) to determine the subject matter of the contracts covered by the dynamic purchasing system;

2) the duration of the dynamic purchasing system;

3. the envisaged time limits for the procurement;

4) the technical requirements for the teleinformatics necessary to communicate the ordering party with contractors, including the submission of offers.

2. The specification of the essential terms of the contract and the information referred to in the paragraph. 1, are available on the website for the entire duration of the dynamic purchasing system.

Article 105. [ Indicative offer] 1. In order to allow a dynamic purchasing system to participate in a dynamic purchasing system, the contractor may submit offers, hereinafter referred to as "indicative offers", throughout the duration of the dynamic purchasing system. Art. 45 and 46, art. 82 ust. 1 and 2 and Art. 83-86 does not apply.

2. Together with the indicative offer the contractor shall submit a statement of the fulfilment of the conditions of participation in the proceedings, and if the procurator requests documents confirming the fulfilment of these conditions, also those documents.

3. An indicative offer may be updated at any time by submitting a new indicative tender. In case of updating the offer of the indicative provision of the paragraph. 2 does not apply.

4. The purchaser shall make an assessment of the indicative tender within not more than 15 days from the date of its receipt.

5. The purchaser shall inform the contractor immediately of the admission to participate in the dynamic purchasing system or of the refusal of admission, stating the factual and legal reasons.

(6) The purchaser may extend the time limit referred to in paragraph 6. 4, except that during the extension period, the award procedure for the dynamic purchasing system may not be initiated.

Article 106. [ Simplified contract notice] 1. Prior to the opening of a procedure for the award of a contract covered by a dynamic purchasing system, the procuring notice shall include on the website a simplified contract notice. The provisions of Article 4 40 par. 2-6 shall apply mutatis mutandis.

2. The simplified contract notice shall contain at least:

1) the date and place of publication of a contract notice concerning the establishment of a dynamic purchasing system;

2) the name (company) of the procuring;

3) determining the subject of the contract and the size or scope of the contract;

4) the address of the website, on which the specification of essential terms of the contract is made available and the information referred to in art. 104 (1) 1;

5. the deadline for the submission of indicative tenders.

3. The purchaser may, before publication of the simplified notice, change the content of the specification of the essential terms of the contract. The change made by the contracting authority shall inform immediately all economic operators admitted to the dynamic purchasing system, and shall include this information on the website. Art. 38 par. 4 and 6 shall not apply.

Article 107. [ Submission and evaluation of indicative offers] 1. In response to the simplified contract notice, the contractor, which has so far not been allowed to participate in the dynamic purchasing system, shall submit an indicative tender within the order set by the contracting authority, not less than 15 days from the date of the publication of this notice in the Public Procurement Bulletin or the communication to the Publications Office of the European Union.

2. The purchaser shall immediately assess the indicative tenders. Article Recipe 105 (1) 5 shall apply.

Article 108. [ The procedure for awarding a contract subject to a dynamic purchasing system] 1. At the end of the evaluation of the indicative tenders, the contracting authority shall initiate the procedure for awarding the contract covered by the dynamic purchasing system by inviting all contractors admitted to that system to submit a tender.

2. The purchaser shall set a time limit for the submission of tenders, taking into account the time necessary to prepare and submit the offer.

Article 109. [ Bid Evaluation Criteria] (1) The tenders submitted in the procedure for the award of a dynamic purchasing system shall be assessed solely on the basis of the criteria set out in the specification of the essential terms of the contract referred to in Article 3. 104.

2. The offer made by the contractor in the procurement procedure covered by the dynamic purchasing system may not be less favourable than the indicative offer.

3. The contractor shall submit the documents confirming the fulfilment of the conditions of participation in the proceedings, if the procurator requests them, inviting them to submit tenders.

Chapter 3

Contest

Article 110. [ Competition] The competition is a public pledge, in which by a public procuring procuring the award for the execution and transfer of the right to the competition work chosen by the court, in particular from the area of spatial planning, urbanistic, architectural and construction design and data processing.

Article 111. [ Prizes in the Competition] 1. The awards in the competition may be:

1) prize money or property;

2) the invitation to negotiate in negotiations mode without announcing at least two authors of selected competition works or

3) the invitation to negotiate in order mode with the free hand of the author of the selected competition work.

2. In the cases referred to in paragraph. 1 points 2 and 3, the subject-matter of the contract is the detailed development of the competition work.

3. The value of the competition is the value of prizes

4. The value of the contest, in which the award is an invitation to participate in the procurement procedure, is the value of this order and the value of the additional prizes, if the procurator provided for such awards.

5. To determine the value of the contest the provisions of art. 35 shall apply mutatis mutandis.

Article 112. [ Court of Competitive] 1. The organizer of the competition shall be the procurator. The provisions of Article 4 15 para. 2 and Article 18 shall apply mutatis mutandis.

2. The procurator shall appoint a jury and shall determine the organisation, composition and working mode of the jury.

3. The court of competition shall consist of at least 3 persons appointed and dismissed by the procuring manager.

4. To the members of the jury of the competition rules of art. 17 shall apply mutatis mutandis.

5. The members of the court of competition are only those with qualifications to assess the reported contests, with the fact that if the special provisions require the possession of power to develop a competition work, at least 1/3 of the members of the court the contests, including its chairman, shall have the necessary powers.

Article 113. [ Competence of the jury of the jury] 1. The jury shall be the assisting team of the procurator appointed to assess the compliance by the participants of the competition requirements laid down in the competition rules, the evaluation of the competition works and the selection of the best competition works.

2. The jury shall, in particular, draw up information on the competition works, prepare the grounds for the decision of the contest, and also, to the extent referred to in the paragraph. 1, request the cancellation of the contest.

3. The competition court of the cases referred to in the paragraph. 1 and 2, it is independent.

4. The manager of the procuring may entrust the court to the competition other than those referred to in paragraph. 1 activities related to the preparation and performance of the contest.

Article 114. [ Supervision of the court of competition] The manager of the procurator or the person he authorises supervising the competition court in relation to the conformity of the competition with the provisions of the Act and the Rules of the Competition, in particular:

1) invalidates the contest;

2) approves the decision of the contest.

Article 115. [ Competition Notice] 1. The purchaser shall publish a notice of competition in a place which is publicly available at its premises and on the website.

2. The notice of competition shall include at least:

1) the name (seat) and the address of the procuring;

2) determining the subject of the contest;

3) the requirements that the participants of the contest must meet, with that if the prize in the competition is an invitation to negotiate in negotiations mode without announcing at least two authors of selected competition works or an invitation to negotiate in the mode of orders from the free hand of the author of the selected competition work, the provision of art. 22 shall apply mutatis mutandis;

4) criteria for the assessment of the competition works together with the indication of the importance of these criteria;

5) determining the manner of obtaining the competition rules;

6. deadline for the submission of competition works;

7) type and amount of prizes.

3. If the value of the competition is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procurator shall post a notice on the competition in the Public Procurement Bulletin.

4. If the value of the contest is equal to or exceeds the amount specified in the provisions issued on the basis of art. 11 (1) 8, the procurator shall forward the notice of competition to the Publications Office of the European Union.

5. To communicate the competition notices the rules of art. 40 par. 5 and 6 shall apply mutatis mutandis.

Article 116. [ Competition Rules] 1. The purchaser shall conduct the competition on the basis of the competition rules he has set up.

2. The Rules of Procedure shall specify in particular:

1) the name or the name (company) and address and place of residence of the procuring (s);

2) the form of the competition;

3) a detailed description of the subject of the contest

4) the maximum planned total cost of the execution of the work carried out on the basis of the competition work;

5) in the cases referred to in art. 111 (1) 1 points 2 and 3, the scope of the detailed study of a competitive work which is the subject of a contract awarded in the negotiated procedure without notice or in the mode of a negotiated contract;

6) information on the statements or documents to be provided by the participants of the contest in order to confirm the fulfilment of the requirements made to them, the provision of art. 25 shall apply mutatis mutandis;

7) the manner of communication of the procurator with the participants of the contest and the transmission of statements or documents;

8) the place and date of submission of applications for admission to the competition;

9) the scope of the factual and the form of development and the way of presentation of the competition work;

10) the place and the deadline for the submission of competition works by the participants admitted to participation in the competition;

11) criteria for the assessment of the competition works together with the indication of the meaning of these criteria;

12) the composition of the court of competition;

13) type and amount of prizes;

14) deadline for the issue (payment) of the prize, and in the cases referred to in art. 111 (1) 1 points 2 and 3, invitations to negotiate in negotiated mode without notice or in the mode of negotiated by negotiated hand;

15) the amount of reimbursement of the costs of preparation of the competition works, if the procuring provides for their reimbursement;

16) provisions concerning the passage of the copyright of property rights to the selected work together with a detailed description of the fields of exploitation of the competition works, and in the cases referred to in art. 111 (1) 1 points 2 and 3, also the relevant provisions to be entered into the contract;

17) method of application to the public of the results of the contest;

18) a way of providing explanations for the competition rules;

19) lecture on the legal remedies available to participants in the competition.

3. The purchaser shall submit the contest's rules of procedure to the contest participant within 5 days from the date of notification of the application for his transfer. The price to be charged for the rules of procedure of the contest may cover only the costs of printing and the transfer.

4. To communicate to the Contracting Authority with the participants of the contest the provisions of art. 27 shall apply mutatis mutandis.

Article 117. [ Stages of the competition] 1. The competition can be organized as a single-stage or two-stage.

2. In the two-stage competition, in the first stage, the studies shall be drawn up, corresponding to the requirements laid down in the rules of procedure of the competition. In the second stage, the competition court, on the basis of the criteria set out in the competition rules, assesses the competition works made on the basis of the studies of the studios selected in the first stage.

Article 118. [ Contest participants] 1. The participants of the contest may be natural persons, legal persons, and organizational units without legal personality.

2. If the special provisions require the holding of powers to develop a competition work, participants in the competition may be only natural persons with the required powers or entities using natural persons required authority.

3. The participants of the contest may jointly take part in the competition. The provisions concerning the participant of the competition shall apply mutatis mutandis to the participants of the competition participating jointly in the competition.

Article 119. [ Appointment of the deadline for submission of requests for participation in the competition] The contracting authority shall set a time limit for the submission of applications for participation in the competition, taking into account the time required to submit the required documents, with the result that the time limit may not be less than:

1) 7 days from the date of posting the notice of the competition in the Public Procurement Bulletin;

2) 21 days from the date of the communication of the competition notice to the Publications Office of the European Union-if the value of the contest is equal to or exceeds the amount specified in the provisions issued on the basis of art. 11 (1) 8.

Article 120. [ Admission to the competition and invitation to submit competition works] 1. The purchaser allows to participate in the competition and invites to submit the competition works of contestants meeting the requirements set out in the competition rules.

2. Participants of the contest not meeting the requirements specified in the competition rules shall be excluded.

3. For the assessment of requests to participate in the competition the provisions of art. 26 par. 3 and 4 shall apply mutatis mutandis.

Article 121. [ Submission of competition works] 1. The participants of the competition shall submit the competition works together with information on the planned total cost of performing the work carried out on the basis of the competition work, subject to the paragraph. 2.

2. The participants of the competition shall submit the competition works without the information referred to in the paragraph. 1 if, due to the specificity of the subject of the competition work, it is not possible to determine the costs.

3. With the contents of the competition, the jury may not become aware of the expiry of the time limit for their submission.

4. The purchaser shall ensure that for the decision of the competition by the competition court it is impossible to identify the authors of the competition works.

Article 122. [ Assessment of the competition works and the competition's resolution] 1. The jury shall assess the competitions in accordance with the criteria set out in the notice of competition. Article Recipe 87 (1) 1 shall apply mutatis mutandis.

2. The competition court resolves the competition by choosing from among the competition works the best competition work or the best competition works.

3. The jury shall identify all competition works after the award of the contest.

Article 123. [ Notice of participants in the competition of results and received assessments] 1. At the time of the fixing of the results of the competition, the procurator shall inform the participants of the contest of the results and of the assessments received, giving the name or name (the company) and the address and place of residence of the author of the selected competition work, or authors of selected competition works.

2. A protocol shall be drawn up from the proceedings of the court of competition.

Article 124. [ Annulment of the competition] The contracting authority shall cancel the competition if no application for admission to competition or any competition work has been submitted and, in the case referred to in Article 4, the contest shall be cancelled. 111 (1) 1 point 2, at least two design contests, or if the competition has not been resolved. To annul the competition rules of art. 93 (1) Points 6 and 7 shall apply mutatis mutandis.

Article 125. [ Payment (payment) of the prize] Within the time limit set in the competition rules, not less than 15 days from the date of determining the results of the contest, the procuring shall issue (pay) a prize, and in the cases referred to in art. 111 (1) 1 points 2 and 3, respectively, invite you to negotiate in negotiations mode without notice or in the order mode of free hand.

Article 126. [ Announcement on the results of the competition] 1. If the value of the contest is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring of the results of the contest shall be posted in the Public Procurement Bulletin immediately after the results of the competition are established.

2. If the value of the contest is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, as soon as the results of the contest have been established, the contracting authority shall forward the notice of its findings to the Publications Office of the European Union.

Article 127. [ Storing the competition documentation] 1. The purchaser shall keep the documentation of the competition for a period of 4 years from the date of determining the results of the competition in a manner guaranteeing its integrity.

2. The purchaser, at the request of the participants of the competition, whose competition works have not been selected, shall return the competition works submitted by them.

Chapter 4

Award of contracts by concessionaires of works

Article 128. (repealed)

Article 129. (repealed)

Article 130. (repealed)

Article 131. [ Concessionaire] 1. The entity with which the contract of concession for works contracts was concluded on the basis of the provisions of the Act of 9 January 2009. a concession for works or services, hereinafter referred to as the 'concessionaire', which is a procurator within the meaning of Article 3 para. 1 points 1-3a and 5, it is obligatory to apply the provisions of the Act to award contracts resulting from the execution of the concession.

2. Concessionary, who is not a procurator within the meaning of art. 3 para. 1 points 1 to 3a and 5, when awarding works contracts the value of which is equal to or exceeds the amount specified in the provisions issued on the basis of art. 11 (1) 8, resulting from the execution of the concession:

1) is obliged to apply the provisions of the Act concerning:

(a) a contract notice,

(b) fixing the value of the works contract,

(c) the determination of the time limits for the submission of requests to participate in the proceedings pursuant to Article 4 49 (1) 1 and 2 and the time limits for the receipt of tenders in accordance with Article 1 52 par. 2;

2) is obliged to conduct proceedings with the conduct of the rules referred to in art. 7 ust. 1;

3. may not apply the provisions referred to in point 1 where there is at least one of the circumstances referred to in Article 3. 62 ust. 1 and Art. 67 par. 1.

3. The provision of the paragraph. 2 does not apply to the award of contracts to entities belonging to the same group of capital within the meaning of the Act of 16 February 2007. o The protection of competition and consumers, the entities with which the concessionaire has entered into an agreement to jointly apply for the award of a concession, as well as to entities on the resources of which the concessionaire was relying, in accordance with art. 18 (1) 3 of the Act of 9 January 2009. a concession for works or services, applying for a concession.

4. The Concessionary, at the request of the procurator, shall conclude with another entity a subcontracting agreement, representing at least 30% of the value of the concession.

5. Contracts concluded between contractors in order to jointly apply for the award of a concession, contracts with entities belonging to the same capital group within the meaning of the Act of 16 February 2007. on the protection of competition and consumers, as well as agreements with entities on the resources of which the concessionaire was relying, in accordance with the provision of art. 18 (1) 3 of the Act of 9 January 2009. a concession for works or services, applying for the acquisition of works concessions, do not constitute subcontracting.

6. The Concessionary shall communicate with the offer a list of entities belonging to the same capital group within the meaning of the Act of 16 February 2007. to protect competition and consumers, and update it whenever there is a change in the relationship between the concessionaire and those entities.

Chapter 4a

Contracts in the fields of defence and security

Article 131a. [ Application of the provisions of the Chapter on matters relating to public procurement in the fields of defence and security] 1. The provisions of this Chapter shall apply to public contracts awarded by the procuring entities referred to in art. 3 para. 1 points 1 to 4, hereinafter referred to as "contracts in the fields of defence and security", where the subject of the contract is:

1) the supply of military equipment, including any parts thereof, components or subassemblies;

2) the supply of critical equipment, including any parts, components or subassemblies thereof;

3. construction works, supplies and services directly related to the equipment referred to in points 1 and 2, and all parts thereof, components and components associated with the life cycle of this product;

4) construction works and services for specific military purposes or critical construction works or services.

2. The provisions of this Chapter shall also apply to contracts covering simultaneously contracts in the fields of defence and security, and other contracts to which the provisions of the Act apply, if the award of a single contract is justified for objective reasons.

3. The Act does not apply to contracts covering simultaneously contracts in the fields of defence and security, and orders for which the application of the Act is excluded, if the award of a single contract is justified for objective reasons.

4. The purchaser may not in order to avoid the procedures laid down in the Act combine other orders with orders in the fields of defence and security.

Article 131b. [ Exemption of application of the law] The Act shall not apply to the award of contracts in the fields of defence and security for supply or service, if the value of the contract is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

Art. 131c. [ Pre-information notice for contracts or framework agreements] 1. The purchaser, after the approval or resolution of the financial plan in accordance with the applicable contracting authority, statutes or contract, and in the case of procuring, who do not draw up a financial plan-once a year, may delegate to the Office The publication of the European Union or of a pre-information notice on the contracts or framework agreements planned to be awarded in a restricted tender, negotiations with an announcement or a competitive dialogue shall be included in the buyer profile. The provisions of Article 4 13 (1) 2 and Article 52 par. 3 shall apply mutatis mutandis.

2. In the notice referred to in paragraph. 1, the following shall be indicated:

1) for the works-the basic characteristics of the contracts or the framework contracts for works the procuring intends to award;

2. for deliveries, the total value of the contracts or framework contracts for deliveries, broken down by product group, within the group referred to in the Common Dictionary of Contracts, the contracting authority of which intends to award within the following 12 months;

3) for services-the summed up value of contracts or framework agreements for services, in each of the categories of services specified in the Common Dictionary of Orders, which the procuring intends to award within the following 12 months.

Art. 131d. [ Contractors entitled to apply for procurement in the fields of defence and security] 1. The award of a contract in the fields of defence and security may apply to a contractor established or resident in one of the Member States of the European Union, of the European Economic Area or of the State with which the Union The European Parliament or the Republic of Poland concluded an international agreement on these contracts.

2. The purchaser may specify in the contract notice that the procurement contract in the fields of defence and security may also apply to contractors from other states than those mentioned in the paragraph. 1.

Art. 131e. [ Contractors excluded from the procurement procedure in the fields of defence and security] 1. From the procurement procedure in the fields of defence and security, the following shall be excluded:

1) contractors referred to in art. 24 ust. 1 points 2 to 9 and paragraph. 2;

2) contractors who are a natural person, an express company, a partnership, a limited partnership, a limited joint-stock company or a legal person who, as a result of such a person, partner, partner or member of the management board, complimentarius, a member-in-office of the governing body has been convicted of:

(a) a terrorist offence referred to in Article 115 § 20 of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. zm.),

(b) the offence referred to in Article 165a of the Act of 6 June 1997. -Penal Code;

3) contractors who are a natural person, an explicit company, a partnership, a limited partnership, a limited joint-stock company or a legal person, if, respectively, such person, partner, partner or member of the management board, complimentarius, incumbable member of the body the following:

(a) has breached obligations relating to the security of information or security of supply in connection with the execution, non-performance or non-execution of an order,

(b) mislead as to the circumstances underlying the Contracting Authority's recognition of the conditions for participation in the proceedings or the absence of grounds for exclusion from the proceedings on the grounds of non-fulfilment of conditions;

4) contractors who are a natural person, an explicit company, a partnership, a limited partnership, a joint-stock company or a legal person, if, as appropriate, a person, partner, partner or member of the management board, complimentary, A Member-in-Office of the Management Authority, or in relation to his/her action or omission, has been decided to withdraw the security certificate referred to in Article 4. 33 (1) 11 of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228 and from 2015. items 21 and 1224);

5) contractors who have breached the security of information or security of supply obligations, or which have been found not to have the credibility necessary to rule out a threat to the security of the State, also in a different way than in to decide on the withdrawal of the industrial safety certificate referred to in Article 66 of the Act of 5 August 2010. the protection of classified information;

6) contractors who are established or resident in a country other than those referred to in art. 131d par. 1, subject to Article 131d par. 2.

1a. The purchaser shall exclude from the procurement procedure in the fields of defence and security the contractor, who in the period of 3 years, prior to the initiation of the proceedings, has seriously infringed his professional duties, in particular when the contractor as a result of the intended action or gross negligence has not performed or did not perform the contract, which the contracting authority is able to demonstrate by any means of proof, if the contracting authority has provided for such an exclusion the contractor in the contract notice or in the specification of the essential terms of the contract. Article 24 (1) The second sentence shall apply.

2. The contractor at the request of the procurator and within the scope thereof shall be obliged to demonstrate, respectively, not later than the day of submission of applications for participation in the proceedings or the submission of tenders, meeting the conditions referred to in art. 22 par. 1, and the absence of grounds for exclusion due to non-compliance with the conditions referred to in paragraph. 1.

3. Information constituting a condition of loss of reliability of the contractor, indicating the possibility of the loss of the ability of the protection of classified information, shall be protected in accordance with the provisions on the protection of classified information.

4. The purchaser shall depart from the reasons for the exclusion decision, where the information received from the institutions competent in matters of protection of internal or external security of the State, constituting the basis of exclusion of the contractor due to the the threat to the security of the State, are non-classified information and reserving it, that it does not consent to the provision of information on the content of the document.

5. The purchaser may depart from the obligation to exclude from the procedure the award of economic operators, in respect of which the conditions for exclusion laid down in Article 4 of the Rules of Procedure are applicable. 24 ust. 1 points 2 or 3, if the relevant reservation is provided for in the contract notice.

Art. 131f. [ Classified information] 1. The purchaser shall transfer to the contractor, who shall apply for the award of the contract in the fields of defence and security, the classified information necessary for the performance of the contract, provided that the contractor provides a guarantee of the secrecy of the information implicit in the manner laid down by the provisions on the protection of classified information.

2. The purchaser shall inform the contractor of the obligation on him to ensure the protection of classified information, which he obtained during the procurement procedure in the fields of defence and security and after its completion, in the manner specified in the provisions for the protection of classified information.

3. The purchaser may oblige the contractor to inform the subcontractors of the obligation to protect classified information which they obtained during the procurement procedure in the fields of defence and security and after its the termination, in the manner prescribed by the provisions for the protection of classified information.

Art. 131g. [ Requirements for order fulfillment] 1. In order to ensure the security of classified information, the procurator shall specify in the description of the subject of the order included in the specification of the essential terms of the contract or in the contract notice requirements related to the performance of the order areas of defence and security. The contracting authority in the description of the subject of the contract may specify in particular:

1) the obligation of the contractor and the subcontractor to preserve the confidential nature of classified information held in his possession or to whom he will familiarate himself during the execution of the contract and after its completion, in accordance with the provisions on the protection of information implicit;

(2) the obligation of the contractor to obtain the obligation of the subcontractor to whom the subcontracting is outsourced in the course of the execution of the contract, to preserve the confidential nature of the classified information in his/her possession or to whom he will be acquainted with the procedure for awarding and after the award of the contract, in accordance with the provisions on the protection of classified information;

3) obligation of the contractor to immediately provide information concerning new subcontractors, including the application of their name (company) and premises and the data which enable the contracting authority to conclude that each of them has the qualifications required for preserving the confidential nature of classified information to which they have access or which are to be made in connection with the execution of a subcontracting agreement;

4) the right to verify or postpone the employees of the contractor, who are to take part in the performance of the contract, both at the stage of conducting the procedure for the award of the public contract, as well as at the stage of the implementation of the contract, if required by the protection of the essential security interests of the State, or is necessary in order to enhance the security of the contracts.

2. In order to ensure the security of supply the procuring shall specify in the description of the subject of the contract included in the specification of the essential terms of the contract or in the contract notice requirements related to performance of the contract in the fields of defence and safety. The contracting authority in the description of the subject of the contract may specify in particular:

1) obligation of the contractor to submit documentation guaranteeing compliance with the requirements for the export, transfer or transit of goods related to the order in the fields of defence and security, including any supporting documents obtained from the Member State of the European Union;

2) obligation of the contractor to determine the restrictions of the applicable contracting authority on the disclosure, transfer or use of the products and services or the results related to these products and services resulting from the control provisions exports or security;

3) obligation of the contractor to submit the documentation guaranteeing that the organization and location of the carried out supplies enables it to meet the contracting requirements in terms of security of supply specified in the documentation of the order, as well as the obligation to ensure that any changes to the delivery of supplies during the performance of the contract do not adversely affect compliance with those requirements;

4) the obligation, on agreed terms, the contractor to ensure the performance of the order in case of the increase of the ordering needs as a result of the crisis situation;

5) the obligation of the contractor to submit the documentation received from the state authorities of the contractor to ensure the performance of the contract in the event of the increase of the procuring needs arising from the crisis situation;

6) obligation of the contractor to ensure the maintenance, modernization or adaptation of the supplies which are the subject of the contract;

(7) an undertaking by the contractor to inform the contracting authority without delay of any change which has occurred in his organisation, the delivery of supplies or an industrial strategy which may affect his or her obligations to the procuring person;

8) obligation of the contractor, on agreed terms, to ensure, in the event that it is no longer able to provide supplies to the contracting authority, any specific means of production of spare parts, components and special test equipment, in These technical drawings, licences and instructions for use.

3. The purchaser may specify in the description of the subject of the contract the requirements related to the execution of the order in the fields of defence and security, in the subcontracting scope, concerning:

1) indication in the tender of the part of the contract, the execution of which will be entrusted to subcontractors and applications of the names (companies) of subcontractors together with the subject of subcontracting contracts for which they are proposed-in the case where the contractor is not obliged by the contracting authority to select subcontractors in accordance with the procedure set out in this Chapter;

2) to inform without delay any changes concerning subcontractors which occur in the course of the execution of the contract;

3) the application provided by the provisions of this chapter of the procedure for the selection of subcontractors of all or part of the contract, which the contractor intends to entrust to subcontractors;

4) conclusion with other entities of the subcontracting contract, in accordance with art. 131p. 1.

4. The term in the description of the subject of the contract the requirements referred to in the paragraph. 2, may not result in a contractor's obligation to obtain from the authorities of a Member State of the European Union the obligation to restrict the freedom of that State to use, in accordance with the relevant provisions of international or Union law, their national criteria for export, transfer or transit authorisations.

Art. 131h. [ Bid Mode] 1. The purchaser may award the contract in the fields of defence and security in the form of a restricted tender or negotiations with the notice. The Contracting Authority may award a contract in the fields of defence and security in a competitive dialogue, without a notice or a negotiated contract in the circumstances referred to in this Chapter, and in the case referred to in paragraph 1 of this Chapter. art. 74 par. 2, also in electronic bidding mode.

2. In the cases referred to in paragraph. In the first sentence of paragraph 1, the contracting authority may choose the most advantageous tender using an electronic auction. The provisions of Article 4 91a-91c shall apply mutatis mutandis.

3. Contracts in the fields of defence and security may be awarded in a competitive dialogue mode if the following circumstances are combined:

1) it is not possible to award the contract in restricted tender or negotiations with the notice, because due to the particularly complex nature of the contract, the subject of the contract cannot be described in accordance with art. 30 and 31 or objectively determine the legal conditions or financial performance of the contract;

2) the price is not the only criterion for selecting the most advantageous tender.

4. The purchaser, when awarding contracts in the fields of defence and security in negotiations mode with the notice or competitive dialogue, may specify in the contract notice or in the specification of the essential terms of the contract, that the proceedings it will take place in the following stages, to participate in which the contracting party invites contractors whose offers have received the most points as a result of applying the selection criteria of the most advantageous tender.

(5) Contracts in the fields of defence and security may be negotiated without notice if at least one of the following conditions is present:

1) the subject of the contract are items manufactured only for the purposes of research and development work with the exception of a serial production aimed at achieving profit or covering the incurred costs of research or development;

2) in proceedings previously conducted in a restricted tendering procedure, negotiations with an announcement or a competitive dialogue did not affect any request for participation in the proceedings, no tenders or all offers were submitted were rejected on the basis of art. 89 par. 1 point 2 because of their non-compliance with the description of the subject of the contract and the original terms of the contract have not been substantially altered;

3. due to the urgent need to award a contract resulting from a crisis situation, the time limits, including shortened time limits, specified for the restricted invitation to tender or the negotiations with the notice may not be maintained;

(4) in view of the urgency of the award of a contract which is not due to reasons attributable to the contracting party which could not have been foreseen before, it cannot be observed that the time limits laid down for the restricted tendering procedure cannot be observed, including the reduced time limits laid down in the or negotiations with an announcement;

5) the subject of the contract for services or supplies is intended for the purposes of research or development services, other than the services referred to in art. 4 point 5b;

6) in the case of orders related to the provision of air and sea transport services for the Armed Forces of the Republic of Poland, as well as forces, to whose tasks the security protection, associated with participating in the foreign mission, should be the contracting authority must apply for such services to economic operators which guarantee the validity of their tenders only for such a short period that the time limits for the limited invitation to tender or the negotiations with the notice, including the shortened time limits, may not be be kept, or

(7) in proceedings previously conducted in a restricted tender, negotiations with an announcement or a competitive dialogue, all offers have been rejected, provided that the original terms of the contract have not been substantially altered and the contracting authority shall take into account, in this proceeding, all economic operators who, in the course of a previous procedure in a restricted tender procedure, have submitted tenders with an announcement or a competitive dialogue.

(6) Contracts in the fields of defence and security may be awarded in the form of a negotiated contract where there is at least one of the following circumstances:

1. as referred to in Article 1. 67 par. 1 point 1 lit. a and b, paragraphs 5, 8 and 9;

2. due to the crisis situation, immediate execution of the contract is required, and the deadlines, including shortened time limits, specified for the restricted invitation to tender or the negotiations with the notice may not be maintained;

3) due to exceptional circumstances not resulting from reasons attributable to the contracting party, which it could not have foreseen, the immediate execution of the contract is required, and the deadlines, including shortened time limits, specified for the the restricted invitation to tender or the notice of notice;

4. the contract concerns additional deliveries by the existing contractor, the purpose of which is to partially resume supplies or to renew the installation, or to increase supplies, or to expand existing installations, if the change of the contractor it would require the contracting authority to acquire material with other technical characteristics which would result in incompatibility or disproportionate technical difficulties in the operation and maintenance; the duration of such contracts may not be exceed 5 years;

5. within a period of 5 years from the award of the basic contract, the existing contractor of the services or works awarded is a supplementary order of the same type as the basic order, provided that the basic order has been awarded in restricted tendering, negotiations with an announcement or a competitive dialogue, and a supplementary contract was provided for in the contract notice for the basic contract and is in accordance with the subjective of the basic contract.

7. In extraordinary circumstances related to the expected period of operation of the delivered equipment, installations or systems, and the technical difficulties which may result in changing the contractor, to procurement in the fields of defence and security to be granted in the form of a free-hand order on the basis of:

(1) (1) 6 point 4-there is no requirement that the duration of such a contract should not exceed 5 years;

(2) (2) 6 point 5-the requirement to award a contract for a period of 5 years from the award of the basic contract shall not apply.

Art. 131i. [ Framework Agreement] 1. The purchaser, when awarding contracts in the fields of defence and security, may conclude a framework agreement after the conduct of the proceedings, applying, respectively, the provisions for the award of the contract in restricted tendering procedure, negotiations with an announcement or a competitive dialogue.

2. The framework agreement shall be concluded for a period of not more than 7 years.

(3) A framework agreement may be concluded for a period of more than 7 years, if it is necessary in the event of exceptional circumstances, taking into account the expected life of the supplied equipment, installations or systems, and technical difficulties which the economic operator may cause.

4. In the case of the conclusion of the framework agreement for a period longer than 7 years, the procuring shall state in the contract award notice the justification of the extraordinary circumstances referred to in paragraph. 3.

5. Article Recipe 101 applies.

Art. 131j. [ Invitation to tender or to participate in dialogue] 1. The purchaser, when awarding contracts in the fields of defence and security in a restricted tender, negotiations with an announcement or a competitive dialogue, invites you to submit properly offers, preliminary offers or a participation in the dialogue contractors who meet the conditions for participation in the proceedings, in the number set out in the contract notice, which ensures that competition is not less than 3.

2. If the number of contractors who meet the conditions of participation in the proceedings is too low to ensure actual competition, the procuring may:

1) suspend the proceedings and republish the contract notice, specifying, with the application of the provisions concerning the time limits for the submission of applications for participation in the procurement procedure, the new deadline for the submission of applications in response to a restricted invitation to tender, negotiations with an announcement or a competitive dialogue, and informing the contractors who fulfil the conditions for participation in the proceedings, or

2) annul the proceedings and initiate a new procurement procedure.

3. In the case referred to in paragraph. 2 (1), the contracting authority shall invite all contractors who have responded to the first or the second contract notice to participate in the proceedings and fulfil the conditions for participation in the proceedings.

Art. 131k. [ Tender Evaluation Criteria] (1) In the case of contracts in the fields of defence and security, the criteria for the evaluation of tenders shall be the price or price and other criteria relating to the subject matter of the contract, in particular the criteria referred to in Article 3. 91 (1) 2 or criteria such as the cost of life cycle of the product, profitability, after-sales service and technical assistance, security of supply, interoperability and operational characteristics, as specified in the specification of the essential terms of the contract. For contracts in the fields of defence and security of implementing rules issued on the basis of art. 91 (1) 8 shall not apply.

2. The purchaser, when awarding contracts in the fields of defence and security in a restricted tendering procedure, negotiations with the announcement, competitive dialogue or negotiations without notice, shall specify in the specification of the essential terms of the contract the criteria for the evaluation of the tenders, together with their description, the importance of those criteria and how the tenders are assessed

Art. 131l. [ Rejection of the offer and cancellation of the proceedings] 1. The purchaser may:

1) reject the offer on the grounds of the rejection of the offer other than the conditions referred to in art. 89 par. 1,

2) annul the proceedings on the grounds of invalidity of proceedings other than the conditions referred to in art. 93 (1) 1 and 1a

-provided that they are specified in the contract notice and in the specification of the essential terms of the contract, in a unambiguous and exhaustive manner and ensuring that fair competition is maintained and that economic operators are treated equally.

2. The contractor may request the contracting authority to clarify the reasons for the rejection of the offer or the reasons for invalidating the proceedings specified by the procurator in the contract notice and in the specification of the essential terms of the contract.

3. In the case of rejection of the offer for the reasons referred to in paragraph. Article 1 (1), Article 1 (1) 92 shall apply mutatis mutandis.

4. The annulment of the proceedings for the reasons referred to in the paragraph. 1 point 2, the contracting authority shall notify the contractors who:

1) they applied for the award of the contract-in the event of cancellation of the proceedings before the closing date for the submission of tenders,

2) submitted tenders-in case of invalidity of the proceedings after the expiry of the time limit for submission of tenders

-stating the factual and legal reasons.

Art. 131m. [ Sub-contracting agreement] 1. The purchaser may oblige the contractor to enter into the subcontracting contract, specifying in the contract notice the range of values covering the minimum and maximum percentage of the contract value on the contract in the fields of defence and the security to be the subject of a subcontracting contract.

2. Whenever there is a subcontracting agreement in the provisions of this Chapter, this shall be understood by a written agreement of a payment nature, concluded for the performance of the contract in the fields of defence and security between the selected by the a procuring contractor and one or more other entities.

3. The total value of the subcontracting contracts, which the contractor will be obliged to conclude, shall not exceed 30% of the value of the contract awarded to the contractor.

4. Each percentage of the value of the contract for subcontracting within the range referred to in paragraph. 1, shall be deemed to meet the subcontracting requirements, which the contractor is obliged to subcontract.

5. The contractor, at the request of the procurator, shall indicate in the tender the part of the contract, which he entrusts to the subcontractors, in order to fulfil the obligation to conclude a subcontracting agreement.

6. The contractor shall conclude an agreement for subcontracting in the percentage value of the contract on the procurement contract in the fields of defence and security which the procuring requires it.

7. The implementation of the order performance of subcontractors does not relieve the contractor against the procurator with responsibility for the performance of the contract in the fields of defence and security.

Art. 131n. [ Proceedings on the selection of subcontractors] 1. The contractor shall be obliged to conclude a subcontracting agreement, in accordance with art. 131m (1) 1, shall initiate proceedings on the selection of subcontractors by posting an advertisement for subcontracting. The contractor shall apply the provisions of the contract notice accordingly.

2. In the contract notice for subcontracting the contractor describes how to assess the fulfilment of the conditions by the subcontractor.

3. The provision of the paragraph. 1 shall not apply where at least one of the conditions for the award of a contract is met without notice or a negotiated contract, as referred to in Article 1. 131h ust. 5-7.

4. The Contractor may include in the Public Procurement Bulletin or convey to the Publications Office of the European Union an announcement of the intention to conclude an agreement for subcontracting part of the contract in the fields of defence and security of the granted economic operator, of which the value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

Art. 131o. [ Framework Agreement for the entrustment] The contractor may fulfil the requirements of the contracting authority concerning the selection of the subcontractor also by the conclusion of the framework agreement on the entrustment of subcontracting.

Art. 131p. [ Implementation under subcontracting of part of the contract value] 1. The contractor, in the offer, may propose the implementation under subcontracting part of the value of the contract on the procurement in the fields of defence and security, which goes beyond the range referred to in art. 131m (1) 1.

2. In the case referred to in paragraph. 1, the contractor shall indicate in the tender, at the request of the procurator, the part of the contract which he intends to entrust to the subcontractors, and gives the names (companies) of the subcontractors, if they are selected.

Art. 131r. [ Refused consent to conclude a contract with a subcontractor] 1. The purchaser, during the procedure for the award of the contract in the fields of defence and security or at the time of the execution of the contract on the contract in the fields of defence and security, may refuse to consent to the conclusion of the contract with a subcontractor proposed by the contractor in the event that the subcontractor does not meet the conditions for participation in the proceedings provided for the contract contractor.

2. For the assessment of the fulfilment by the subcontractor of the conditions referred to in paragraph. 1, the description of the subject of the contract in proceedings concerning the selection of the contractor shall be applied accordingly, bearing in mind the description of the subject matter of the subcontracting contract.

3. The purchaser shall notify the contractor of the reasons for refusal of consent to the conclusion of the contract with the subcontractor, indicating the conditions of participation in the proceedings, which the proposed subcontractor does not meet.

4. Article Recipe 131e par. 1, concerning the conditions for exclusion, shall apply to subcontractors.

Art. 131s. [ Setting the value of the contract for subcontracting] 1. In determining the value of the contract for subcontracting the provisions of Art. 32-35 shall apply mutatis mutandis.

2. Rules of the art. 131n ust. 1-3 and art. 131o shall not be used to entrust the execution of a part of the contract in the fields of defence and security granted to the contractor, if the value of the subcontracting contract is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

3. In the case referred to in paragraph. 2, the contractor, concluding the subcontracting agreement, shall apply the principles of the Treaty on the Functioning of the European Union, in particular concerning equal treatment, fair competition and transparency.

Art. 131t. [ Negative conditions for award of subcontracting] An economic operator shall not award a subcontract if:

1) any of the subcontractors involved in the proceedings on the selection of subcontractors does not fulfil the conditions for participation in the proceedings or

2) none of the tenders submitted by subcontractors participating in the proceedings on the selection of subcontractors does not meet the requirements set out in the notice of subcontracting

-and this may result in the contractor's failure to comply with the requirements of the contract on procurement in the fields of defence and security.

Art. 131u. [ Limitations on obtaining subcontractor status] 1. The subcontractor shall not be considered to be:

1) the entity to which the contractor can exert, directly or indirectly, the dominant influence, the entity which may exercise a dominant influence on the contractor, the entity which as the contractor is subject to the dominant influence of another entity as a result of the relationship the ownership, the financial contribution or the rules governing its operation, in relation to:

(a) the holding of more than half of the shares or shares of the entity under the dominant influence; or

(b) having more than half of the votes resulting from the shares or shares of that entity, or

2) a group of entities created in order to be entrusted with the execution of the part of the contract awarded to the contractor;

3. the entity associated with the group referred to in point 2, as specified in point 1.

2. The contractor shall provide in the tender a list of entities which cannot be considered as subcontractors, and shall update it after the existence of changes in the relations between the entities.

Art. 131v. [ Some of the powers of the participants in the defence and security procurement procedure] In the procurement procedure in the fields of defence and security:

1) in terms of providing information, the provisions of art. 8 ust. 3, art. 51 (1) 1a, art. 57 (1) 1, art. 60d ust. 1, art. 92 and Art. 93 (1) 3 and 5 shall apply mutatis mutandis, however, the contracting authority may refuse to provide information if its disclosure would impede the application of the provisions of law or would be contrary to the public interest, in particular with regard to defence-related interests or the security, or would prejudice the legitimate commercial interests of economic operators, or could prejudice fair competition between them;

2) the contractor may submit another document, confirming in a way sufficient to meet the condition described by the procuring condition, if, for a reasonable cause, the contractor cannot present the documents concerning the possessed knowledge, experience, having the appropriate technical capacity or persons capable of performing the contract required by the contracting authority;

3) the entities participating in it may familiarize themselves with the classified documents in the reading room of the law firm of the secret procurator, subject to the possession of a security certificate in accordance with the provisions on the protection of classified information.

Art. 131w. [ Advance of order execution] 1. The purchaser may grant an advance on the execution of the contract in the fields of defence and security, if:

1) such possibility is provided for in the contract notice or in the specification of the essential terms of the contract, or

2) the contractor has been selected in the negotiation mode without notice or a contract with free hand.

2. The purchaser may grant an advance in the case of the award of the contract in the fields of defence and security in the negotiated mode without notice or a negotiated contract, if:

1) the amount of the one-off advance does not exceed 25% of the contractor's remuneration;

2) the rules for the granting of advances have been specified in the call for negotiations and will remain unchanged in the course of the implementation of the contract on the contract.

3. Rules of Art. 151a (1) 4-7 shall apply mutatis mutandis.

Chapter 5

Sector contracts

Article 132. [ Sectoral contracts] 1. The provisions of this Chapter shall apply to contracts awarded by the procuring entities referred to in art. 3 para. 1 point 3, and their relationships and by the contracting authorities referred to in Article 1 3 para. Article 1 (4), hereinafter referred to as 'sectoral contracts', subject to the provisions of Article 1 (1) of the 3 para. 1 point 5 where an order is awarded for the purpose of carrying out one of the following activities:

1) exploration, recognition or extraction of natural gas, crude oil, and its natural derivatives, lignite, hard coal and other solid fuels;

2. the management of airports, sea or inland ports and the provision of air, sea and inland waterway carriers;

3) the creation of networks intended for the provision of public services related to the production, transmission or distribution of electricity, gas or heat or the supply of electricity, gas or heat to such networks or to the control of such networks networks;

4) the creation of networks intended for the provision of public services related to the production or distribution of drinking water or the provision of drinking water to such networks or the routing of such networks;

5) the operation of networks providing public services in the field of railway, tramway, trolleybus, cable car or by means of automatic systems;

6) the operation of networks providing public bus transport services;

7. the provision of postal services.

2. The purchaser shall award the contracts referred to in paragraph 2. The provisions of this Chapter shall also apply to contracts relating to sewage treatment and treatment, and to the activities related to the extraction of drinking water.

3. The purchaser of the procurement contracts referred to in paragraph 3. 1 point 7, apply the provisions of this chapter also to contracts related to the provision of services: management of postal services, transmission of coded documents via electronic means of communication, management of bases to address, transfer of recommended electronic mail, financial, philatelic and logistical services in particular freight shipments and their packaging and warehousing.

Article 133. [ Award of sectoral contracts and the value of the contract] 1. To award sector-specific contracts, the Act shall apply if the value of the contract is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. The awarding of the awarding sector contracts shall be taken into account in the report referred to in art. 98, also information on awarded sectoral contracts, the value of which is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

3. Article 3 (2) of the Directive shall not apply. 24 ust. 1 points 10 and 11, art. 100 para. 2 and Art. 102 (1) 3.

Article 134. [ Sectoral award modalities] 1. The purchaser may award a sectoral contract in an unrestricted tender, limited tender and negotiations with the notice. Article Article 55 does not apply.

2. The purchaser may conclude a framework contract after the proceedings have been carried out, applying respectively the provisions concerning the award of the contract in an unrestricted tender, limited tender and the negotiations with the notice. Article Article 55 does not apply.

3. In proceedings conducted in the form of a restricted tender or negotiations with the procuring of a procuring procurator may appoint:

1. the time limit for the submission of applications for participation in proceedings, which may not be less than:

(a) 22 days from the date of notification of the contract notice to the Publications Office of the European Union by electronic means or by fax,

(b) 37 days from the date of transmission of the contract notice to the Publications Office of the European Union, other than those referred to in point (a),

(c) 15 days from the date of notification of the contract notice to the Publications Office of the European Union by electronic means, in accordance with the form and procedures indicated on the website referred to in the Directive;

2) the time limit for receipt of tenders not less than 10 days, taking into account the time needed for the preparation and submission of the offer;

(3) any time limit for the submission of tenders if all economic operators who are invited to submit a tender have given their consent.

3a. In the case of significant changes to the content of the contract notice, in particular concerning the determination of the subject matter, the size or the scope of the contract, the criteria for the assessment of tenders, the conditions for participation in the procedure or the manner in which they are the contracting authority shall extend the time limit for the submission of applications for participation in proceedings for the time necessary to amend the applications, except that the time limit for the submission of applications for participation in the proceedings may not be less than 15 days from the date of application. the date of transmission of the content change to the Publications Office of the European Union. Article Article 12a ust. 2 point 2 does not apply.

4. In the case referred to in paragraph. 1, the procurator may choose the most advantageous tender with the use of an electronic auction.

5. A sectoral order may be awarded in negotiations without a notice, if:

1) there is one of the circumstances referred to in art. 62 ust. 1;

2) in proceedings previously conducted in the negotiation mode with the notice no request for participation in the proceedings was received, no offers were submitted or all offers were rejected on the basis of art. 89 par. 1 point 2 due to their non-compliance with the description of the subject of the contract, and the original terms of the contract were not substantially altered.

6. A sectoral contract may be awarded in the form of a negotiated contract if:

1) there is one of the circumstances referred to in art. 67 par. 1 points 1 to 5 and points 8 and 9;

2) for a very short period of exceptionally favourable circumstances, it is possible to award a contract at a price significantly lower than the market price;

3. is granted, within 3 years of the award of the basic contract, to the existing contractor for the works of supplementary contracts, representing not more than 50% of the value of the basic contract and consisting in the repetition of the same type orders, if the basic contract was awarded in an open tender, restricted tender or negotiations with the notice, and the supplementary contract was provided for in the contract notice for the basic contract and refers to the subject of the contract specified therein;

4. in the case of granting, for a period of 3 years from the award of the basic contract, the existing contractor of supply, supplementary contracts, representing not more than 50% of the value of the basic contract and consisting in the extension of the supply, if changing the contractor would necessitative the acquisition of things with other technical parameters, which would result in technical incompatibility or disproportionately large technical difficulties in use and supervision, if the basic order was granted in an open tendering procedure, a restricted tender or negotiations with the notice, and the supplementary order was provided for in the contract notice for the basic contract and relates to the subject matter of the contract specified therein.

Art. 134a. [ System of qualification of performers] 1. The purchaser may establish a system of qualification of contractors, to participate in which allows contractors meeting the conditions indicated by the procurator in the public notice concerning a specific category of sectoral procurement, and signs them in a list of eligible contractors.

2. The system of qualification of contractors shall be established for the time marked, in such a way as to enable the contractors to submit requests to participate in the system and to update them throughout the duration of the system.

Article 134b. [ Notice on the establishment of a system of qualification of performers] 1. The purchaser, in order to establish the system of qualification of contractors, shall transmit to the publication in the Official Journal of the European Union an announcement of the establishment of a system of qualification of contractors.

2. In the case of a system of qualification of economic operators established for a period longer than 3 years, the notice of establishment of the system shall be published in the Official Journal of the European Union every year.

3. The purchaser shall make available on the website an announcement of the establishment of a system of qualification of contractors throughout the period of the system.

Article 134c. [ Application for admission to the qualification system of economic operators] 1. The contractor applying for admission to participation in the system of qualification of contractors shall submit the application together with the statement of compliance with the conditions specified by the procurator in the notice of establishment of the system of qualification of the contractors, and if The contracting authority shall request documents proving compliance with the conditions, including those documents.

2. The purchaser shall, not later than 6 months from the date of submission of the application, select the contractors admitted to participate in the system of qualification of contractors.

Article 134d. [ Notice of acceptance or refusal of admission to participation in the system of qualification of performers] 1. The purchaser shall notify the contractor without delay of the admission or refusal to participate in the system of qualification of the contractors, stating the factual and legal reasons.

2. Contractors admitted to participation in the system of qualification of contractors are entered in the list of qualified contractors, to the appropriate category of sectoral procurement, maintained by the procurator and updated for the entire duration of the system.

3. Contractors admitted to participation in the system of qualification of contractors shall not be obliged to submit documents confirming the fulfilment of the conditions indicated in the notice of the system of qualification of contractors on subsequent orders covered by this a system, provided that complex documents are up to date, within the meaning of separate provisions.

Art. 134e. [ Initiation of a sectoral procurement procedure] 1. The purchaser may initiate proceedings for the award of a sectoral contract in a tender procedure restricted or negotiations with the announcement by posting a notice of the establishment of a system of qualification of contractors according to art. 134b (b) 1.

2. In the case referred to in paragraph. 1, as admitted to participation in the proceedings, the contractors admitted to participate in the system of qualification of contractors, in a specific category of sectoral procurement.

Article 135. [ Information notice on planned sectoral contracts or framework agreements] 1. The purchaser, at least once a year, may submit to the Publications Office of the European Union, or post in a purchaser's profile, an periodic indicative notice of the planned annual contracts or framework agreements within the next 12 months, of which value for:

1) works-is equal to or exceeds the amount specified in the regulations issued on the basis of art. 11 (1) 8 on which the obligation to communicate notices of works contracts to the Publications Office of the European Union is subject to an addiction;

2) deliveries-summed up within a given group of the Common Procurement Vocabulary, taking into account art. 133 (1) 1, is equal to or exceeds the amount of EUR 750 000 expressed in gold;

3) services-summed up within categories 1-16 set out in Annex 3 to the Common Procurement Vocabulary, taking into account art. 133 (1) 1, shall be equal to or exceed the equivalent of EUR 750 000 in gold.

3. The provision of the paragraph. 1 shall not apply to the planned contracts for the services referred to in Article 3. 5 par. 1, as well as planned contracts awarded in a mode other than an unrestricted invitation to tender, a restricted tender or a negotiation with an invitation to tender.

4. If the information on the contract has been entered in the periodic indicative notice concerning contracts planned within 12 months, transferred or posted to the buyer profile at least 52 days prior to the date of notification of the contract notice, the procurement of the Publications Office of the European Union may, in the case of unrestricted tendering procedures, set a time limit for the submission of tenders which may not be less than:

1) 24 days, from the date of transmission of the contract notice to the Publications Office of the European Union, by electronic means in accordance with the form and procedures indicated on the website referred to in the Directive;

2) 31 days from the date of transmission of the contract notice to the Publications Office of the European Union, in a manner other than that referred to in point 1.

5. The periodic indicative notice of the planned sectoral procurement may include an invitation to apply for a sectoral order. In such a case, the contracting authority may refrain from publishing a contract notice by awarding a contract with a restricted invitation to tender and negotiations with the notice of invitation.

6. In the case referred to in paragraph. 5, the procurator invites contractors who, after the publication of the periodic information notice, informed the ordering party that they are interested in the participation in the proceedings, to confirm this interest, informing at the same time the deadline the submission of requests for participation in the proceedings.

7. To the invitation referred to in paragraph. 6, rule of art. 48 (1) 2 shall apply mutatis mutandis.

Article 136. [ Exemption of the application of the Act to sectoral contracts for services or works] 1. The Act does not apply to sector contracts for services or works, and where the contractor is the entity referred to in art. 3 para. 1 (3) or (4), also for deliveries, where they are awarded to entities:

1) with which the Ordering Party draws up annual consolidated financial statements within the meaning of the accounting regulations,

2) in which the procuring hold more than half of the shares or shares, hold more than half of the votes resulting from the shares or shares, supervise the supervision of the managing authority or have the right to appoint more than half of the composition of the supervisory body or managing,

3) which hold more than half of the shares or the shares of the procuring, hold more than half of the votes resulting from the shares or shares of the ordering party, exercise supervision over its governing body or have the right to appoint more than half of its composition a supervisory or management body,

4) which, together with the contracting authority, are subject to the influence of another entrepreneur referred to in point 3

-if, during the previous 3 years, at least 80% of the average revenues of those entities which have been obtained from the provision of services, supplies or works have come from the supply of services, supplies or works to the benefit of the the contracting authority or entities referred to in points 1 to 4; where the duration of the business is less than 3 years, account shall be taken of the revenues generated during the period of that activity and the revenue which is expected to be obtained in the remaining period. to the end of 3 years.

2. The Act does not apply to sectoral contracts for services or construction works awarded by an entity created by the contracting entities for the joint exercise of the activities referred to in art. 132:

1) one of those procuring or

(2) an entity related to one of those procuring in the manner specified in the paragraph. 1 if, during the previous 3 years, at least 80% of the average revenue of that entity to be obtained from the provision of services or the execution of works came from the provision of services or the execution of works for the benefit of entities with whom is linked in the manner referred to in paragraph. 1.

3. The Act does not apply to sectoral contracts awarded to the entity created by the procuring entities for the joint exercise of the activities referred to in art. 132, by one of those procuring, provided that the entity has been established for a period of at least 3 years, and from the document under which it was created, it follows that the procuring will remain its members during that period.

4. The purchaser shall be obliged at the request of the European Commission to provide the information in the area referred to in paragraph. 1-3.

5. If of the entities referred to in paragraph 1. 1, more than one entity provides the same or similar services or performs the same or similar works to the procuring entity, account shall be taken of the total revenue of all those entities attaching to the provision of services or performing construction works.

Article 137. [ Exemption of the application of the Act to sectoral contracts awarded for the purpose of the activities of supplying gas, heat, drinking water and electricity to the network] 1. The Act does not apply to sector-specific contracts awarded for the purpose of performing activities consisting in supplying gas or heat to the networks referred to in art. 132 (1) 1 point 3, if:

(1) the production of gas or heat is a necessary consequence of the pursuit of activities other than those referred to in Article 3. 132 and

2. the supply of gas or heat is intended solely for the economic use of the production and for the last 3 years, including the year in which the contract is awarded, does not exceed 20% of the average turnover of the contractor.

2. The Act does not apply to sector-specific contracts awarded for the purpose of performing the activities of providing electricity to the networks referred to in art. 132 (1) 1 point 3, if:

(1) the production of electricity is necessary to carry out activities other than those referred to in Article 3. 132 and

2. the supply of electricity is subject only to its own consumption and in the last 3 years, including the year in which the contract is awarded, does not exceed 30% of the total production.

3. The Act does not apply to sector-specific contracts awarded for the purpose of performing the activities of providing drinking water to the networks referred to in art. 132 (1) 1 point 4 if:

1) the production of drinking water is necessary to carry out activities other than those referred to in art. 132 and

2. the supply of drinking water depends solely on its own consumption and in the last 3 years, including the year in which the contract is awarded, does not exceed 30% of the total production.

Article 138. [ Exemption of the application of the Act to sector-specific contracts awarded for the resale or hiring of the subject of the contract to third parties and for the award of works concessions] 1. The Act does not apply to sectoral contracts awarded for the resale or rent of the subject of the contract to third parties, provided that the procuring does not have a specific or exclusive right to sell or rent the subject of the contract, and other parties may sell or rent it under the same conditions as the purchaser.

2. The Act does not apply to sector contracts aimed at the award of works concessions, if such concessions are awarded for the purpose of performing the activities referred to in art. 132.

3. The Act does not apply to sectoral contracts, if they are awarded for the purpose of performing the activities referred to in art. If the network located in the European Union or area of the European Union is not used for its execution, 132 outside the European Union area.

4. The purchaser shall be obliged at the request of the European Commission to provide the information in the area referred to in paragraph. 1 and 2.

Art. 138a. [ Exemption of application] 1. The purchaser of the activity referred to in art. 132 (1) 1 points 1 and 3, do not apply the Act on the award of sectoral contracts for the supply of electricity, gaseous fuels or heat and fuels for the production of energy and the purchase of certificates of origin, certificates of origin for agricultural biogas and certificates of next-generation origin in order to comply with the obligation referred to in Article 9a ust. 1 point 1 of the Act of 10 April 1997. -Energy law (Dz. U. 2012 r. items 1059, with late. zm.), or in order to implement the obligation referred to in art. 52 par. 1 point 1 of the Act of 20 February 2015. o renewable energy sources (Dz. U. Entry 478).

2. The purchaser of the activity referred to in art. 132 (1) 1 point 4, they do not apply the Act to award contracts for the supply of water.

3. The purchaser, on the basis of specific rights, the activities referred to in art. 132 (1) Point 6 shall not apply to the Act if the regular services may also be provided by other carriers in the same area and under the same conditions.

Art. 138b. [ Withdrawal from the appointment of a tender committee] 1. On the basis of a sectoral contract, the contracting authority may refrain from appointing a tender committee.

2. As a result of the appointment of a tender committee, the contracting authority shall determine the conduct of the proceedings ensuring the efficiency of the award of contracts, the individualisation of the responsibility for the activities carried out and the transparency of the work.

Art. 138c. [ Ordering Authority] 1. The purchaser may:

1) require contractors to preserve the confidential nature of the information provided to them in the course of the procedure for the award of the contract;

2) to request the presentation of other documents other than those specified in the provisions issued on the basis of art. 25 par. 2, confirming the fulfilment of the conditions for participation in the proceedings, if this is necessary for the assessment of the fulfilment by the contractors of those conditions;

3) waiver the obligation to request a security and to secure the proper performance of the contract;

4) in the case of a supply contract, reject an offer in which the share of goods coming from the Member States of the European Union or countries with which the European Community has concluded agreements for the equal treatment of entrepreneurs does not exceed 50%, if it foreknew in the specification of essential terms of the contract;

5. derogate from the obligation to exclude from the conduct of economic operators in respect of which the conditions for exclusion laid down in Article 4 are subject to exclusion. 24 ust. 1 points 2 or 3, if the relevant reservation is included in the specification of the essential terms of the contract.

(2) If the most advantageous tender cannot be selected because two or more tenders for the same price or representing the same price and other criteria for the evaluation of tenders have been submitted, and in the specification of the essential terms of the contract, no envisaged to reject the offer in accordance with paragraph 1 1 point 4, the procuring chooses an offer that could not be rejected on the basis of the mouth. 1 point 4. The prices shown in the tenders shall be the same if the difference between the price of the most advantageous tender and the prices of other offers which could not be rejected on the basis of the paragraph shall be the same. 1 point 4 shall not exceed 3%.

Art. 138d. (repealed)

Art. 138e. (repealed)

Art. 138f. [ Action on the competitive market] 1. The purchaser, who according to the published decision of the European Commission operate in a competitive market, to which access is not limited, shall not apply the provisions of the Act. This provision shall apply mutatis mutandis in the absence of a decision by the European Commission within 7 months of receipt of the request referred to in paragraph 1. 2.

(2) The competent authority, either on its own initiative or at the request of the contracting authority, may, following an analysis of the relevant market, request the European Commission to declare that the contracting authority shall carry out the activities referred to in Article 3. 132, they operate in a competitive market, which is not restricted.

3. The competent authority shall conduct a market analysis of the activity in question and shall draw up an application in accordance with the requirements set out in the decision of the European Commission of 7 January 2005. concerning detailed rules for the application of the procedure laid down in Article 30 of Directive 2004 /17/EC of the European Parliament and of the Council on the coordination of procedures for the award of public contracts in the water, energy, transport and postal services sectors (Dz. Urz. EU L 7 of 11.01.2005, p. 7). The request shall be agreed with the President of the Office of Competition and Consumer Protection and with the President of the Office.

4. The Council of Ministers shall determine by way of regulation the competent authorities to request the application referred to in paragraph 1. 2, having regard to the type of activity and the scope of the activities of the authorities, as well as the knowledge by those authorities of the functioning of the market for the activity concerned.

SECTION IV

Contracts in the field of public procurement

Article 139. [ Contracts for public procurement] 1. To contracts in matters of public procurement, hereinafter referred to as "contracts", the provisions of the Act of 23 April 1964 shall apply. -Civil Code, if the provisions of the Act do not provide otherwise.

2. The contract shall require, under the rigorous nullity, the conduct of the written form, unless the separate provisions require a special form.

3. The agreements shall be open and shall be made available under the rules laid down in the rules on access to public information.

Article 140. [ Scope of the contractor's benefit] 1. The scope of the performance of the contractor resulting from the contract shall be the same with his obligation included in the offer.

2. (repealed)

3. The contract shall be invalidated in part going beyond the definition of the subject of the contract contained in the specification of the essential terms of the contract.

Article 141. [ Liability for the performance of the contract and the lodging of the security of the contract.] Contractors referred to in art. 23 (1) 1, shall be jointly and severally liable for the performance of the contract and the security of the performance of the contract.

Article 142. [ Contract Duration] 1. The Agreement shall be concluded for a marked period.

2. The purchaser may conclude an agreement, the subject of which are periodic or continuous benefits, for a period of more than 4 years, if the performance of the contract in the longer term will result in savings of the costs of the performance of the contract in relation to the four-year period or that is justified by the payment capacity of the contracting authority or the scope of the expenditure planned and the period necessary for their repayment.

3. If the value of the contract referred to in paragraph. 2, is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the procuring, within 3 days of the opening of the proceedings, shall notify the President of the Office of the intention to enter into a contract for a period of more than 4 years, stating the factual and legal reasons.

4. The provision of the paragraph. 3 shall not apply in the case of contracts:

1) credit and loans;

2) a bank account, if the contract period does not exceed 5 years;

3) insurance, if the term of the contract does not exceed 5 years;

4) (repealed)

5) for the provision of services in the field of public collective transport.

5. The contract concluded for a period of more than 12 months shall contain provisions on the rules for the implementation of appropriate changes in the remuneration of the contractor due, in case of change:

1) the rate of tax on goods and services,

2) the amount of the minimum wage for the work established on the basis of art. 2. 3-5 of the Act of 10 October 2002. the minimum wage for the work,

3) the rules to be covered by social insurance or health insurance or the rate of the social or health insurance premium rate

-if these changes will affect the costs of the execution of the contract by the contractor.

Article 143. [ Contract for indeterminate time] 1. A contract for delivery may be concluded for an indefinite period of time:

1) water by means of a plumbing network or drainage of sewage into such a network;

2) (repealed)

3) gas from the gas network;

4) heat from the district heating network;

5) license for computer software.

1a. A contract for the transmission or distribution services of electricity or natural gas may also be concluded for an indefinite period.

2. The provision of art. 142 (1) 3 does not apply.

Article 143a. [ Works contracts with a run time of more than 12 months] 1. In the case of works contracts, the execution date of which is longer than 12 months, if the contract provides for payment:

(1) the remuneration of the contractor in part-the condition for payment by the contracting authority of the other and subsequent parts of the remuneration due for the works received is to provide evidence of payment of the required remuneration to the subcontractors and to continue subcontractors referred to in Article 143c ust. 1, which is involved in the execution of the works received;

(2) the total remuneration of the contractor after the completion of the whole of the works-the contracting authority is obliged to provide for the provision of advances, and the award of subsequent advances by the contracting authority requires the presentation of proof of payment. the required remuneration for subcontractors and the further subcontractors referred to in Article 143c ust. 1, taking part in the execution of the part of the contract for which the advance payment has been paid.

2. In the case of failure to submit by the contractor all the evidence of payment referred to in the paragraph. 1, shall be withheld as appropriate:

(1) payment of the remuneration due for the construction works received,

2) granting another advance payment

-in part equal to the sum of the amounts resulting from unsubmitted evidence of payment.

3. In the case referred to in paragraph. 1 point 1, the procuring may indicate in the specification of the essential terms of the contract the percentage of the last part of the remuneration, which may not be more than 10% of the remuneration of the contractor's due.

Art. 143b. [ Sub-contracting agreement] 1. The contractor, subcontractor or further subcontractor of works contracts intending to conclude a contract for subcontracting, the object of which is the works, shall be obliged, in the course of the execution of the public works contract, to the submission to the contracting authority of the draft of the contract, the subcontractor or downstream subcontractor being obliged to attach the contractor's approval to the conclusion of the subcontracting agreement with the content of the contract project.

2. The due date for payment of the remuneration of the subcontractor or the further subcontractor provided for in the subcontract shall not be longer than 30 days from the date of service of the contractor, subcontractor or further subcontractor of the invoice or account, confirming the execution of a subcontractor or further subcontractor of a supply, service or works contract.

3. The purchaser, within the period specified in accordance with art. 143d para. 1 point 2, declares written objections to the draft contract for subcontracting for construction works:

1) which does not meet the requirements set out in the specification of essential terms of the contract;

2) when it provides for a deadline for payment of a remuneration longer than specified in the paragraph. 2.

4. Failure to submit written objections to the submitted draft contract for subcontracting for construction works, within the period specified in accordance with art. 143d para. 1 point 2, shall be considered as acceptance of the draft contract by the procuring entity.

5. The contractor, subcontractor or further subcontractor of the works contract submits to the contracting authority certified for the conformity with the original a copy of the concluded subcontracting contract, the object of which is the works, within 7 days from the date of its the conclusion.

6. The purchaser, within the time limit specified in accordance with art. 143d para. In accordance with Article 1 (2), a written notice of opposition to the subcontracting for construction works, in the cases referred to in paragraph 1, shall be declared by the written objection. 3.

7. Non-notification of written objection to the submitted subcontracting agreement, the subject of which is the construction works, within the time limit specified in accordance with art. 143d para. 1 point 2, shall be considered as acceptance of the contract by the procuring entity.

8. The contractor, subcontractor or further subcontractor of the works contract submits to the contracting authority certified for the conformity with the original a copy of the concluded subcontracting contract, the subject of which is the supply or service, within 7 days from the date of its the conclusion, with the exception of subcontracting contracts with a value of less than 0,5% of the value of the contract on public procurement and subcontracting contracts, the subject of which has been indicated by the procurator in the specification of the essential terms of the contract, as not subject to this obligation. The exemption referred to in the first sentence shall not apply to subcontracting contracts with a value of more than 50 000 PLN. The contracting authority may determine the lower value from which it will be obliged to submit a subcontracting contract.

9. In the case referred to in paragraph. 8 if the time limit for payment of the remuneration is longer than that specified in the paragraph. 2, the procurator shall inform the contractor accordingly and shall invite him to bring about the amendment of the contract under the rigor of the application for payment of the contractual penalty.

10. The provisions of the paragraph. 1-9 shall apply mutatis mutandis to amendments to that subcontracting agreement.

Art. 143c. [ Remuneration] 1. The purchaser shall direct the direct payment of the required remuneration to the subcontractor or to the further subcontractor, who has entered into an agreement accepted by the contracting authority for the subcontracting to which the works are the subject of construction works, or which has concluded a subcontracting contract submitted to the contracting authority for supply or service, in the event of an abrogation of the obligation to pay by the contractor, the subcontractor or the further subcontractor respectively for works contracts.

2. The remuneration referred to in the paragraph. 1, applies only to receivables arising after the Contracting Authority has accepted the subcontracting contract for which construction works are subject, or after the submission of the procuring contract certified for compliance with the original copy of the subcontracting contract, which the subject matter of the supply or service.

3. Direct payment covers only the remuneration payable, without interest, due to the subcontractor or to the further subcontractor.

(4) Prior to direct payment by the contracting authority, it shall be possible for the contractor to submit written comments on the appropriateness of direct payment of the remuneration of the subcontractor or to the further subcontractors referred to in paragraph 1. 1. The purchaser shall inform about the time of submission of comments, not less than 7 days from the date of service of this information.

5. In the case of notification of the comments referred to in paragraph. 4, within the time limit indicated by the ordering party, the procuring may:

1) not to make direct payment of remuneration to the subcontractor or to the further subcontractor, if the contractor shows the irrelevance of such payment or

2) submit to the court deposit the amount needed to cover the remuneration of the subcontractor or further subcontractor in the event of the existence of a fundamental question of the ordering party of the amount of the payment due or the entity to whom the payment is due, or

3) make a direct payment of the remuneration to the subcontractor or to the further subcontractor, if the subcontractor or downstream subcontractor shows the validity of such payment.

6. In the event of direct payment of the subcontractor or the further subcontractor referred to in paragraph. 1, the procuring disbursed the amount of remuneration paid on the remuneration of the contractor.

7. The need for repeated direct payment to the subcontractor or to the further subcontractors referred to in paragraph 1, or the necessity to make direct payment on the sum of more than 5% of the value of the contract on the public procurement may give rise to the withdrawal from the contract on the contract of the public by the procurator.

8. Rules of Art. 143a-143d do not violate the rights and obligations of the procurator, contractor, subcontractor and further subcontractors resulting from the provisions of art. 647 ¹ the Act of 23 April 1964. -Civil Code.

Art. 143d. [ Contract for construction works] 1. The contract of construction works shall include in particular the provisions concerning:

1) the obligation to submit to the contracting contractor the draft contract for subcontracting, the object of which is the works, as well as the design of its change, and certified as the conformity with the original copy of the concluded subcontracting contract, which the object of construction works, and its changes;

2) indication of the time limit for notification by the contracting authority to the draft contract for subcontracting, the object of which is the works, and to the design of its change or opposition to the subcontracting agreement, the object of which is works construction works, and to its changes;

3) the obligation to submit by the contracting contractor certified for compliance with the original copy of the concluded subcontracting contracts, the subcontracting of which are the supplies or services, and their changes;

4) the rules for payment of remuneration to the contractor, subject to the presentation by him of evidence confirming payment of the required remuneration to subcontractors or further subcontractors;

5) the deadline for payment of the remuneration of the subcontractor or the further subcontractor;

6) the rules for the conclusion of subcontracting contracts with further subcontractors;

7) the amount of contractual penalties, from the title:

(a) the absence of payment or of late payment of the remuneration due to subcontractors or further subcontractors,

(b) a non-submission to accept a project of a subcontracting contract for construction works or a design of its amendment,

(d) no amendment to the subcontracting agreement within the time limit for payment.

2. In the cases referred to in paragraph. 1 points 1 and 3 and in Article 143b (1) 5 and 8, the submission may certify the conformity with the original copy of the subcontracting agreement.

Article 144. [ Conditions for changing the provisions of the agreement in relation to the content of the offer 1. Significant changes to the provisions of the concluded contract shall be prohibited in relation to the content of the offer on the basis of which the contractor's choice was made, unless the ordering party has provided for the possibility of such change in the contract notice or in the specification the relevant conditions of the contract and the conditions for such change.

2. Amendment of the contract made in violation of the paragraph. 1 is invalidated.

Art. 144a. [ Authority of the President of the Office] 1. The President of the Office may apply to the court of invalidity:

1) the part of the contract referred to in art. 140 par. 3;

2) changes of the contract made in violation of Art. 144 ust. 1;

3) the contract referred to in art. 146 (1) 1.

2. The authority referred to in paragraph 2. 1, shall expire at the end of 4 years from the date of conclusion or amendment of the contract.

Article 145. [ Conditions of withdrawal] 1. In the event of a significant change in the circumstances causing that the performance of the contract is not in the public interest, which could not have been foreseen at the time of conclusion of the contract, the procuring may withdraw from the contract within 30 days of the message of the these circumstances.

2. In the case referred to in paragraph. 1, the contractor may demand only the remuneration due in respect of the performance of the part of the contract.

Article 146. [ Contract Validity] 1. The contract shall be invalidated if the procuring:

1) in violation of the provisions of the Act applied the mode of negotiation without notice or order from the free hand;

2) he has not posted a contract notice in the Public Procurement Bulletin or has not notified the contract notice to the Publications Office of the European Union;

3) has entered into an agreement in violation of the provisions of art. 94 par. 1 or Art. 183 (1) 1 if it has prevented the House from taking into account the appeal before the conclusion of the contract;

4) prevented the submission of indicative tenders to contractors not authorised so far to participate in the dynamic purchasing system or prevented the contractors admitted to participate in the dynamic purchasing system to submit tenders in the proceedings the procurement under this scheme;

5) awarded the contract on the basis of the framework agreement before the end of the term specified in Art. 94 par. 1 if there has been a breach of Article 101 (1) 1 point 2;

6) in violation of the provisions of the Act applied the query mode of the price.

2. The contract shall not be invalidated if:

1) in the case referred to in paragraph. 1 point 1 of the Ordering Party had reasonable grounds to believe that it was acting in accordance with the Act, and the contract was concluded after 5 days from the date of the announcement of the intention to enter into an agreement in the Public Procurement Bulletin or after the lapse of 10 days from the date of publication of such notice in the Official Journal of the European Union; or

2. in the cases referred to in paragraph 1. 1 points 4 and 5 of the Ordering Party had reasonable grounds to believe that it was acting in accordance with the Act, and the contract was concluded after the expiry of the term specified in Art. 94 par. 1.

3. Cancellation of the contract shall take effect from the moment of its conclusion, subject to art. 192 (1) 3 point 2 (a) b.

4. For the reasons referred to in paragraph. 1 and 6, the annulment of the contract on the basis of Article 4 cannot be claimed. 189 of the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. of 2014 items 101, of late. zm.).

5. Paragraph Recipe 1 does not exclude the possibility of a procuring order by the procuring of a contract pursuant to Article 70 ⁵ the Act of 23 April 1964. -Civil Code.

6. The President of the Office may request the court to cancel the contract in the event of the ordering by the procuring act or omission of the act in violation of the provision of the Act, which had or could have had an impact on the outcome of the proceedings.

Article 147. [ Contract performance security] (1) The purchaser may require the contractor to secure the performance of the contract, hereinafter referred to as 'the security'.

2. The security shall serve to cover claims for non-performance or improper performance of the contract.

3. (repealed)

4. (repealed)

Article 148. [ Security forms] 1. The security may be made according to the choice of the contractor in one or more of the following forms:

1) money;

(2) bank guarantees or guarantees of cooperative savings banks, with the fact that the obligation of cash is always a cash obligation;

3) bank guarantees;

4) insurance guarantees;

5) guarantees provided by the entities referred to in art. 6b par. 5 point 2 of the Act of 9 November 2000. establishing the Polish Agency for Enterprise Development.

(2) With the agreement of the contracting authority, the security may also be lodged:

1. in the notes with the guarantee vouchof the bank or cooperative savings bank;

2) by the establishment of a pledge on securities issued by the State Treasury or the local government entity;

3) by the establishment of a registered pledge on the rules specified in the provisions on the registered pledge and the register of pledges.

3. The security paid in the money by the contractor shall pay the transfer to the bank account indicated by the procurator.

4. In the event of a deposit of the security in the money the contractor may agree to pass the amount of the security to the security.

5. If the security is lodged in the money, the procuring shall store them at the interest-bearing bank account. The Ordering Party shall return the security lodged in the money with interest resulting from the bank account agreement on which it was held, less the cost of running the bank account and the bank commission for money transfer to the bank account the contractor.

Article 149. [ Change of form of collateral] 1. During the implementation of the contract the contractor may make a change of the form of the security on one or several of the forms referred to in art. Par. 148 1.

2. With the consent of the contracting contractor may change the form of the security on one or several of the forms referred to in art. Par. 148 2.

3. The change of the form of the security shall be made with the continuity of the security and without reducing its height.

Article 150. [ Security height] 1. The amount of the security shall be determined by the percentage of the total price quoted in the tender or the maximum nominal value of the contracting obligation arising out of the contract, if the offer has been given a unit price or unit price.

2. The security shall be set at between 2% and 10% of the total price specified in the tender or the maximum nominal value of the contracting obligation arising out of the contract.

3. If the period of performance of the contract is longer than a year, the security, with the agreement of the procurator, may be created by deductions from receivables for partially executed supplies, services or works.

4. In the case referred to in paragraph. 3, at the date of conclusion of the contract, the contractor shall be obliged to contribute at least 30% of the amount of the security.

5. The purchaser shall pay the withholding amounts to the bank account on the same day in which he makes the payment of the invoice.

6. In the case referred to in paragraph. 3, the entry of the full amount of the security shall not take place later than the half of the period for which the contract is concluded.

Article 151. [ Reimbursement] 1. The purchaser shall return the security within 30 days from the day of execution of the order and recognition by the procurator for the duly executed.

2. The amount left to secure the claims for the warranty for defects shall not exceed 30% of the amount of the security.

3. The amount referred to in paragraph 2, shall be returned no later than in 15. The day after the end of the warranty period for the defects.

Art. 151a. [ Conditions for the award of advance payments for the performance of the contract] 1. The purchaser may grant an advance on the performance of the contract, if the possibility is provided for in the contract notice or in the specification of the essential terms of the contract, subject to the paragraph. 2.

2. Advances may be granted if:

1. the contract shall be financed with the participation of:

(a) resources from the budget of the European Union,

(b) non-repayable funds from the assistance granted by the Member States of the European Free Trade Agreement (EFTA),

2) the subject of the contract are construction works, taking into account art. 143a (1) 1 point 2.

This limitation does not apply to local government units and their associations and other entities in the public finance sector, for which the founding or supervisory authority is a local government entity.

3. The purchaser shall not grant an advance payment if the contractor has been chosen in the negotiated mode without notice or free hand.

4. The purchaser may grant successive advances, provided that the contractor demonstrates that he has made an order in respect of the value of the advance payment previously granted.

5. The purchaser may require the contractor to lodge an advance security in one or more of the forms indicated in the art. Par. 148 1 and 2.

6. The purchaser shall request the lodging of an advance security, if the estimated value of the advances exceeds 20% of the remuneration of the contractor.

7. In the case of a request to lodge an advance payment, the contract shall specify the form or form of the advance security, the amount of the security, and the manner of its contribution and reimbursement. The contract may provide for the possibility of amending the form of the advance payment during the implementation of the contract.

8. The provisions of the paragraph. 2-4 and 6 do not apply to the procuring entities referred to in Article 3 para. 1 points 2 to 7.

CHAPTER V

President of the Public Procurement Office

Chapter 1

Scope of action

Article 152. [ President of the Public Procurement Office] 1. The President of the Office shall be competent in matters of public procurement to be the Central Government.

2. Supervision of the President of the Office shall be exercised by the Prime Minister.

3. Support of the President of the Office shall provide the Office.

4. The organization of the Office shall determine the statutes given by the President of the Council of Ministers by means of the order of order.

Article 153. [ Nabór to the position of President of the Office] 1. The President of the Office shall be appointed by the President of the Council of Ministers from among persons selected on the way of an open and competitive recruitment. The President of the Council of Ministers shall refer to the President

2. The position of the President of the Office may occupant a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) possesses an education and knowledge of the matters belonging to the properties of the President of the Office.

3. Information on the position of the President of the Office shall be announced by placing the notice in a place which is widely available at the premises of the Office and in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the President of the Council Ministers. The notice shall include:

1. the name and address of the Office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

4. The term referred to in paragraph 3 point 6, shall not be less than 10 days from the date of publication of the notice in the Public Information Bulletin of the Chancellery of the Prime Minister.

5. The appointment of the President of the Office shall be carried out by a team appointed by the Head of the Chancellery of the Prime Minister under the authority of the Prime Minister, numbering at least 3 persons, whose knowledge and experience give a guarantee of the best of the candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

6. Assessment of the knowledge and managerial competence referred to in the paragraph. 5, may be made at the request of the team by a non-member of the team who has the appropriate qualifications to make this assessment.

7. Member of the team and the person referred to in paragraph. 6, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.

8. In the course of the selection, the panel will produce no more than 3 candidates, which will be presented to the Head of the Chancellery of the Prime Minister.

9. The assembly shall draw up a protocol containing the following:

1. the name and address of the Office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

10. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the Office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

11. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of the recruitment and the result of this recruitment is free of charge.

Article 154. [ Powers Of The President Of Office] President of the Office:

1) develop drafts of normative acts concerning procurement;

2) decide on the individual cases provided for by the Act;

3) issue in the electronic form the Public Procurement Bulletin, in which the notices provided for by the Act are published;

4) (repealed)

5) conducts and advertises on the Office's website a list of organizations entitled to bring legal protection measures;

5a) (repealed)

6. ensure the functioning of the system of legal protection measures;

7. develop training programmes, organise and inspire training in the field of procurement;

8. prepare and disseminate the sample criteria for the assessment of the content of training;

9) (repealed)

10. prepare and disseminate examples of contracts for public procurement contracts, regulations and other documents to be used in the award of contracts;

11) ensure compliance with the rules of the procurement system, in particular, review the process of awarding contracts within the scope of the law;

12. disseminate the principles of professional ethics of persons performing tasks in the order system;

13) seeks to ensure the uniform application of the procurement rules, taking into account the case-law of the courts and the Constitutional Court, in particular the universalisation of the decisions of the National Board of Appeal, the courts and the Constitutional Tribunal for contracts;

14) conduct international cooperation in procurement matters;

15) perform analyses of the functioning of the procurement system;

16) draw up and submit to the Council of Ministers, the European Commission and the competent Sejm the annual reports on the functioning of the procurement system, including in the implementation of the task referred to in point 10;

17) submit to the President of the Council of Ministers an annual information on the action of the National Board of Appeal, taking into account the problems arising from the case law;

17a) shall present to the Prime Minister no less than once every three years the plan of the manner of implementation in the years of the subsequent tasks set out in point 10;

18) report candidates to the President and Vice-President of the National Board of Appeals;

19) request the appointment of a spokesman for the Disciplinary Authority of the National Board of Appeal;

20) conducts activities related to the informatization of the public procurement system;

21) communicate to the European Commission every year by 31 March the judgments of the National Board of Appeal of the previous year concerning appeals on procurement procedures in which the invalidity of the contract has not been ordered in respect of an important interest the public referred to in Article 192, together with their justification.

Art. 154a. [ Entry to the list of organisations entitled to bring legal protection measures] 1. About the entry on the list referred to in art. 154 (5), may apply to entities operating under the provisions of:

(1) the economic chambers;

2. handicrafts;

3) the professional self-government of some entrepreneurs;

4) employers ' organisations;

5) the local authorities of the architects and the civil engineers of the construction industry.

2. The item on the list, refusal of entry or deletion from the list shall be made by the President of the Office by way of administrative decision.

Art. 154b. (repealed)

Article 155. [ Vice-Presidents of the Authority] 1. The President of the Office shall perform the tasks resulting from the Act by means of no more than 2 Vice Presidents of the Office.

2. Vice-Presidents of the Office shall be appointed by the President of the Council of Ministers, from among persons selected by an open and competitive recruitment, at the request of the President of the Office. The President of the Council of Ministers shall refer the Vice Presidents of the Office at the request of the President

3. The team carrying out the recruitment of the posts referred to in paragraph. 2, appoints the President of the Office.

4. To conduct recruitment for the posts referred to in paragraph 1. 2, the provisions of Article 4 shall apply mutatis mutandis. 153 (1) 2-11.

Article 156. (repealed)

Chapter 2

Public Procurement Council

Article 157. [ Public Procurement Council] 1. The Public Procurement Council shall be established, hereinafter referred to as "the Council", which shall be the advisory and opinion body of the President of the Office.

2. The Council shall in particular:

1) express opinions in particularly relevant matters of the procurement system submitted to it by the President of the Office;

2) give an opinion on the drafts of normative acts on procurement;

3) opinion the annual reports of the President of the Office on the functioning of the procurement system;

4) determine the rules of professional ethics of the persons performing the tasks specified in the Act of the Task in the System of Procurement.

5) (repealed)

Article 158. [ Council members] 1. The Council shall consist of 10 to 15 members appointed by the President of the Council of Ministers.

2. In particular, parliamentary clubs, nationwide local government organisations and nationwide business organisations shall be eligible for the notification of candidates.

3. The President of the Council of Ministers shall appoint the members of the Council from among persons who:

1) are Polish citizens;

2) enjoy full public rights;

3) were not punished for the offence committed in connection with the award proceedings, a crime of bribery or other offense committed in order to achieve the property benefits;

4. possess the knowledge and authority which gives a guarantee of proper implementation of the Council's tasks.

4. The President of the Council of Ministers shall appoint from among the persons referred to in paragraph. 1, President of the Council. The Council shall elect a vice-president of the Council from his own.

5. Members of the Council shall be entitled to remuneration for participation in the work of the Council.

6. The Council's working mode shall determine the rules of procedure adopted by the Council

Article 159. [ Termination of membership and revocation of a member of the Council] 1. The term of office of the Council shall end with the expiry of the office of President of the Office.

2. Membership in the Council shall expire on the expiry of the term of office of the Council, the death of a member of the Council, its appeal or resign

3. The President of the Council of Ministers shall cancel a member of the Council if he cees to meet one of the conditions laid down in the 158 (1) 3, and at the request of the President of the Office in the event of:

1) failure to perform duties of a member of the Council

2) the loss of authority giving a guarantee of proper implementation of the Council's tasks;

3) a disease preventing the function of a member of the Council.

Article 160. [ Council Office] 1. Support for the work of the Council shall be provided by the

2. The President of the Council of Ministers shall determine by way of regulation the amount of remuneration of the President, Vice-President and other members of the Council, having regard to the function and duties of the Chairperson, Vice-Chairperson and other members of the Council.

Chapter 3

Control of awards

Division 1

General provisions

Article 161. [ Procurement control] 1. The President of the Office shall conduct the control of the award

2. The purpose of the audit is to verify the conformity of the procurement procedure with the provisions of the Act.

3. The control shall be carried out at the office of the Office, with the fact that the control of the award of contracts for documents containing classified information, which has been given the "secret" or "top secret" clause, may be carried out at the contracting authority.

(4) The examination may precede the investigation procedure with a view to determining whether there is a reasonable presuming that the contract award procedure has infringed the provisions of the Act which could have affected its outcome.

Article 162. [ Exclusion of the Council's staff from participation in the audit] 1. An employee of the Office shall be exempted from participation in the control if:

1) participated in a controlled proceeding or activities directly related to his preparation on the contracting party or the contractor;

2) remains in a marriage, actual loan or relationship or affinity in a straight line, kinship or affinity in the sidelines to the second degree or is associated with the title of adoption, care or guardianship of the person in the controlled proceedings on the contracting party or the contractor, his or her legal deputy or members of the legal persons who apply for the procurement of the controlled contract;

3) before the expiry of the 3 years from the date of the initiation of the controlled proceedings he remained in employment or order with the procurator or contractor or was a member of the authorities of the legal persons applying for the award of the controlled order;

4) remains with the person appearing in the controlled proceedings on the contracting party or the contractor in such legal or factual relationship, that it may raise reasonable doubts as to his impartiality.

2. An employee of the Office shall inform the President of the Office of the reasons for its exclusion from participation in the control.

(3) The President of the Office shall decide to exclude the staff member by way of order.

Article 163. [ Competence of the President of the Office in Explanatory Procedure and Control] (1) When conducting an investigation or examination, the President of the Office may:

1) demand from the procurator the immediate transmission of copies of the documents related to the procedure for the award of the order confirmed for compliance with the original by the procuring manager;

2) request from the procuring manager, from the contracting staff and other entities to grant, within the time limit by him, written explanations in matters concerning the subject of control;

3) consult the experts if the finding or assessment of the facts of the case or other control activities requires special messages.

2. The poor shall be entitled to remuneration, which shall be borne by the President of the Office, in the amount determined in accordance with the provisions of Chapter 2 of Title III of the Act of 28 July 2005. with legal costs in civil matters (Dz. U. of 2014 items 1025, with late. zm.).

(3) The facts of the case shall be determined on the basis of the whole of the material harvested in the course of the investigation and of the examination, in particular of the documents relating to the proceedings, the explanations of the manager and the procuring staff, the experts ' opinions. and explanations of other entities.

Article 164. [ Audit Log] 1. A protocol shall be drawn up from control.

2. The control protocol shall include in particular:

1) the name (company) and the address of the procuring;

2) the start date and end of the inspection;

(3) the names of the inspection bodies;

4) the designation of the procurement procedure, which has been the subject of an inspection;

5) information on the finding of infringements.

Division 2

Ad hoc check

Article 165. [ Ad Hoc control] 1. The President of the Office may initiate ex officio or at the request of an ad hoc check in the event of a reasonable presuming that there has been a breach of the provisions of the Act which may have affected its outcome in the award procedure.

2. The entry of emergency checks may take place no later than 4 years from the date of the termination of the procurement procedure. Where such an inspection is initiated prior to the conclusion of the contract on public procurement, the provisions of Article 1 shall apply. 169 (1) 3, art. 170 par. 2 and 4 and Art. 171 (1) 1, 3 and 5.

(3) The President of the Office shall inform the applicant of the initiation of an ad hoc check, or of the refusal to initiate an ad hoc check, giving a justification indicating the absence of the circumstances referred to in paragraph 1. 1.

4. The President of the Office shall initiate an emergency check at the request of the managing authority, referred to in the provisions of the National Development Plan, in the rules on the principles of conduct of development policy, in the rules on the principles of implementation of the policy programmes cohesion financed in the financial perspective 2014-2020, in the rules on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for years For the 2007-13 period, the Commission will take the following measures to support the development of the The European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020 or in the provisions on social assistance, hereinafter referred to as the 'managing authority', or at the request of the paying agency, of which referred to in the provisions on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020, if, by means of an institution's request, It is apparent from the management or the paying agency that there is a reasonable presuming that in the procurement procedure, there has been a violation of the provisions of the Act, which may have affected its outcome.

Article 166. [ Notification of the audit result] 1. The end of an ad hoc check shall be served by the contracting authority on the outcome of the check containing in particular:

1) the determination of the procedure which has been the subject of control;

2) information on the finding of infringements or lack thereof.

2. In the case of the lodging of the reservations referred to in art. 167 par. 1, the completion of the inspection shall be served by the contracting authority on the final examination of the reservations.

Article 167. [ Inspection of the inspection] 1. From the result of an ad hoc check, the Contracting Authority shall have the right to notify the President of the Office of the reasoned objections within 7 days from the date of service of the information on the outcome of the inspection.

2. The President of the Office shall consider reservations within 15 days from the date of receipt. In the event of non-inclusion, the President of the Office shall give objections to the opinion of the National Board of Appeal.

3. The National Board of Appeal in a three-person composition expresses, in the form of a resolution, an opinion on the objections within 15 days from the date of their receipt.

4. The opinion of the National Board of Appeal shall be binding on the President of the Office.

(5) The President of the Office shall immediately inform the procurator of the final examination of the reservations.

6. To the members of the National Board of Appeal examining the reservations of the provision of art. 188 shall apply mutatis mutandis.

Article 168. [ Powers of the President of the Office in the event of infringement of the Act In the event of a breach of the law, the President of the Office may:

1) (repealed)

2) impose a monetary penalty as referred to in Chapter VII;

3) to request the court to annuize the contract in whole or in part.

Art. 168a. [ Notice of violation of the discipline of public finances] In the event of a breach of the provisions of the Act constituting an act which infringes the discipline of public finances, the President of the Office shall notify the competent Ombudsman of the discipline of public finances in violation of public finance discipline.

Division 3

Prior checking of contracts co-financed by the European Union

Article 169. [ Prior control] 1. The provisions of this branch shall apply to contracts or framework agreements co-financed by European Union funds.

2. The President of the Office shall carry out the audit of the awarded contracts prior to the conclusion of the contract (prior checking), if the value of the contract or framework agreement for:

1) works-is equal to or exceeds the value of the sum of EUR 20 000 000, expressed in PLN;

2) deliveries or services-is equal to or exceeds the amount expressed in gold equivalent of EUR 10 000 000.

3. The prior inspection of prior checking shall be served by the President of the Office of a copy of the documentation of the procurement procedure in order to carry out prior checks.

(4) At the request of the managing authority, the President of the Office may refrain from carrying out prior checks if, in the assessment of the institution, the proceedings have been carried out in accordance with the provisions of the law. The President of the Office shall inform the procurator and the applicant without delay.

Article 170. [ Submission of documentation for prior checking] 1. The purchaser shall immediately after the Chamber has issued the judgment or the order terminating the appeal proceedings concerning the selection of the most advantageous tender, or after the expiry of the time limit for the lodging of the appeal, and before the conclusion of the contract, shall forward to the President Office copies of the documentation of the procurement procedure confirmed for compliance with the original by the procuring manager, in order to carry out prior checking.

2. The purchaser shall immediately inform the President of the Office of the lodging of the appeal or complaint after the transfer of the documentation for prior checking. The President of the Office shall refrain from carrying out prior checks until the Court of Justice has delivered a judgment or order terminating the appeal proceedings, subject to Article 4 (1) of the Rules of Procedure 183 (1) 2.

3. In the case of the award of orders in parts, if the value of the individual parts of the order is less than the amounts referred to in art. 169 (1) 2, the President of the Office may refrain from carrying out the checks, informing the procurator immediately after receiving the copy of the documentation referred to in paragraph. 1.

4. The prior inspection shall suspend the time limit for the fixation of the offer until the date of completion of the inspection.

Article 171. [ Receipt of information on the outcome of prior checking] 1. The end of the prior inspection shall be served by the contracting authority on the outcome of the check containing in particular:

1) the determination of the procedure which has been the subject of control;

2) information on the finding of infringements or lack thereof;

3. post-control recommendations-if, during the course of the checks, it is found that it is reasonable to annuize the proceedings or to remove the observed breaches.

2. In the case of the lodging of the reservations referred to in art. 171a, the completion of the audit is the service to the contracting authority of the final examination of the reservations.

3. The receipt of information on the outcome of the inspection shall take place no later than within 14 days from the date of service of the materials referred to in art. 163 (1) 1, and in the case of particularly complex control, not later than 30 days from the date of service of the materials referred to in Article. 163 (1) 1.

4. The time of service of the information referred to in paragraph 4. 1, the contract cannot be concluded.

5. The manager of the procurator, at the request of the President of the Office, in writing informs about the manner of making the post-control recommendations

Art. 171a. [ Statement of Objections from Audit Result] As a result of the control of the prior contracting authority, the President of the Office shall have the right to notify the reasoned objections within seven days from the date on which the information on the outcome of the inspection was served. The provisions of Article 4 167 par. 2-6 shall apply.

Chapter 4

National Appeals Chamber

Article 172. [ Bodies Of The National Board Of Appeal] 1. It shall be established by the National Board of Appeal, hereinafter referred to as "the Chamber", which is competent to hear appeals brought in the procurement procedure.

2. The bodies of the Chamber are:

1. President;

2. Vice-President;

3) General Assembly, which form members of the Chamber.

3. The President of the Chamber shall direct the work of the Chamber, and in particular:

1) represents the Chamber on the outside;

2. The presidents of the general assembly;

3) determine the dates for meetings of the Chamber's adjudicatory depots, and also manage the joint recognition of appeals;

4) designate the composition of the adjudicatory chamber of the Chamber to recognize the appeal, including its chairman;

5) feel the efficiency of the work of the Chamber;

6) submit to the President of the Office, after the adoption by the General Assembly, annual information on the action of the Chamber taking into account the problems arising from the case-law.

3a. The President of the Chamber will determine, by means of ordinance, the internal rules of procedure of the Chamber's work

4. General Assembly of the Chamber:

1) prepare and adopt an annual information on the activity of the Chamber taking into account the problems arising from the case-law;

2) designate the composition of the disciplinary court;

3) consider an appeal against the decision of the disciplinary court;

4) consider and give an opinion on other matters submitted by the President of the Chamber or notified by members of the General Assembly.

5. The General Assembly of the Chamber shall convene the President of the Chamber at least twice a year, as well as at the written request of at least half of the members of the Chamber or the chairman of the disciplinary court within 14 days from the day of its submission. Resolutions of the General Assembly shall be decided by a majority of votes in the presence of at least half of the Chamber; in the event of an equal number of votes, the President of the Chamber shall decide.

Article 173. [ Organisation of the Chamber] 1. The Chamber shall consist of no more than 100 members appointed and dismissed by the President of the Council of Ministers from among persons meeting the requirements referred to in paragraph. 2, and which have obtained the best results in the qualifying proceedings.

2. A Member of the Chamber may be a person who:

1) is a Polish citizen;

2) has a higher legal education;

3) has full capacity for legal acts;

4) enjoys full public rights;

5) has a disrepute opinion;

6) she was not legally convicted of a intentional or intentional criminal offence;

7) has a minimum of five years ' professional experience (seniority) in public administration or in positions relating to the provision of legal advice, drafting of legal opinions, drafting of draft legal acts and the presence of legal advice before the courts and offices;

8) completed 29 years.

3. The President of the Chamber and the Vice-President shall appoint, on a 3-year term, the President of the Council of Ministers, at the request of the President of the Office from among the reported members of the Chamber, who hold a security clearance authorizing access to classified information of the clause "Top Secret" or made a declaration of consent to carry out the examination procedure referred to in Article 22 par. 1 point 2 of the Act of 5 August 2010. protection of classified information, aimed at determining whether the person checked gives a guarantee of the secrecy of the secrecy. Until the expiry of the term of office of the President of the Chamber and the Vice-President of the Chamber. 174 (1) 5 shall apply mutatis mutandis.

3a. The President of the Council of Ministers refers to the President and Vice-President of the Chamber in the event of refusing to issue or withdraw the security certificate referred to in the Act of 5 August 2010. o protection of classified information.

4. The binding of the employment relationship with the members of the Chamber shall take place on the basis of the appointment within the period specified in the appointment letter. The President of the Office shall act on matters relating to the labour law of Members of the Chamber. In cases not governed by the Act concerning the employment relationship of members of the Chamber, the provisions of the Act of 26 June 1974 shall apply accordingly. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).

5. Before taking up the duties, a member of the Chamber shall be obliged to pay before the President of the Council of Ministers vow according to the following year: " I shall solemn solemnessness to fulfil the duties of a member of the Chamber, to rule impartially, in accordance with the provisions of law, and in proceedings follow the principles of dignity and honesty "; the resignation may at the end add:" So help me God ". The filing of a vow by a member of the Chamber confirms the signature of the

6. The basis for determining the basic remuneration of the President of the Chamber, the Vice-President and the other members of the Chamber shall be a multiple of the basic amount laid down in the Finance Act for a given year on the basis of art. 9 ust. 1 point 2 of the Act of 23 December 1999. on the shaping of remuneration in the state budget sphere and on the revision of certain laws (Dz. U. of 2011 r. Nr 79, pos. 431, of late. zm.) for the employees of the state budget sphere, referred to in art. 5 point 1 lit. and this Act.

7. Members of the Chamber shall be entitled to an allowance for multiannual work of, from the sixth year of work, 5% of the basic monthly salary and rising after each year of work by 1%, up to 20% of the monthly basic salary.

8. Members of the Chamber shall be entitled to the Jubilee Award in the amount of:

1) 75% of the monthly wage-after 20 years of work;

2) 100% of the monthly wage-after 25 years of work;

3) 150% of the monthly wage-after 30 years of work;

4) 200% of the monthly wage-after 35 years of work;

5) 300% of the monthly wage-after 40 years of work;

6) 350% of the monthly wage-after 45 years of work.

9. The period of entitlement to the jubilee award shall include all previous completed periods of employment and other periods if, by virtue of separate provisions, they are included in the period of work on which the entitlement depends. personnel. For the calculation and payment of the jubilee prize, the provisions concerning the jubilee awards, referred to in the provisions of the employees of the state offices, shall apply accordingly.

10. The President of the Council of Ministers shall determine, by means of a regulation, the multiples of the amount of the basic amount referred to in paragraph. 6, having regard to the function of the Member of the Chamber and the fact that the multiple may not be less than 4,5.

11. Organizational and technical support and the accounting officer of the Chamber shall be provided by the Office.

Article 174. [ Membership of the House] 1. The membership of the Chamber shall not be cumulated with:

1) the mandate of a Member or a senator;

2) the mandate of the councillor, the mandate of the mayor (mayor, the president of the city) and the membership of the administrative district or province;

(3) membership of the College of the Regional Chamber of the Court of Auditors and the local authority of the Board of Appeal;

4) belonging to a political party or carrying out political activity.

2. Members of the Chamber shall not:

1) take additional employment or other gainful activities, except for employment on a teaching, educational or scientific position in a total dimension not exceeding the full dimension of the working time of the employees employed on those positions, if the employment does not prevent the full duties of a Member of the Chamber;

2) conduct business activities on its own account or jointly with other persons, and manage such activities or be a representative or proxy in the conduct of such activity;

3) be a member of the Management Board, the Supervisory Board or the Review Board, or a proxy of commercial companies;

4) be members of the management boards of the foundation conducting business activities;

5) have in commercial companies more than 10% of shares or shares representing more than 10% of the share capital-in each of these companies.

3. A Member of the Chamber shall submit to the President of the Office every year by 31 March:

(1) whether criminal proceedings are pending against him, together with information on the subject matter of the proceedings;

2. on the assets as at 31 December of the previous year, using an appropriate form, the model of which is laid down in the rules on the restriction of the conduct of the business by persons performing public functions.

4. Membership in the Chamber expires on account of death or appeal.

5. The President of the Council of Ministers refers to a member of the Chamber in

1) loss of Polish citizenship;

2) loss or limitation of the capacity for legal acts;

3) loss of public rights;

4) loss of authority giving the right to correct the proper performance of the duties of a member of the Chamber;

5) the final conviction for a criminal offence or a deliberate treasury offence;

6) the expiry of the 6 months suspension referred to in art. 176 (1) 1;

7) rulings of the disciplinary rule of exclusion from the composition of the Chamber;

(8) not to be applied within the time limit of one of the statements referred to in paragraph 1. 3;

9) refuse to make a vow;

10) not taking a position within the time limit set out in the appointment letter;

11) a request for appeal by a member of the Chamber.

6. Members of the Chamber in the exercise of the activities defined by the Act shall enjoy the legal protection of the public officers.

7. Members of the Chamber's adjudicatory chamber shall be unfolded and bound exclusively by the provisions of the law in force.

Article 175. [ Disciplinary responsibility] 1. A member of the Chamber shall be subject to disciplinary responsibility for the violation of his duties and the failure to make professional dignity.

2. The disciplinary caries shall be:

1. reminder;

2) removal from the occupied function;

3) exclusion from the composition of the Chamber.

3. The sentence of the sentence referred to in paragraph. 2 (2) means that the functions of the President, the Vice-President, the Disciplinary Officer and the Member of the Disciplinary Board are not available for three years.

4. In disciplinary matters, the members of the Chamber shall rule:

1) in the first instance-a disciplinary court in the composition of five members of the Chamber, appointed by the General Assembly of the Chamber from among the members of the Chamber;

2) in the second instance-General Assembly of the Chamber.

5. A disciplinary spokesman shall be held before the disciplinary court. A disciplinary spokesperson shall be appointed by the President of the Council, from among the members of the Chamber, at the request of the President of the Office. A disciplinary officer may at any time be cancelled and shall be fully in office until a new spokesperson is appointed.

6. From the disciplinary decision issued in the second instance shall be entitled to the appellate court-the court of work and social security, the competent due to the seat of the Office, within 14 days from the date of service of the decision together with the reasons for the decision. There shall be no cassation appeal against the Court of Appeal's decision.

7. The detailed procedure for disciplinary action and the mode of selection of the formation of the adjudicatory court shall determine the rules of procedure adopted by the General Assembly of the Chamber.

Article 176. [ Suspension of a member of the Chamber in rights and obligations] 1. The President of the Council of Ministers shall suspend a member of the Chamber in his rights and duties in the event of presenting him a plea of committing a criminal offence of intentional or intentional treasury offence.

2. The period of suspension referred to in paragraph 2. 1, it shall take until the end of the criminal proceedings, however, for no longer than for six months.

3. In the period of suspension, a member of the Chamber retains the right to half of

Art. 176a. [ Election of Members of the House] 1. Members of the Chamber shall emerges through a qualification procedure, which shall consist of:

1) a written examination with a theoretical and practical knowledge of the regulations connected with the award of public contracts;

2. the interview.

2. The qualification proceedings for the members of the Chamber shall announce the President of the Council of Ministers at the request of the President of the Office, if there is a need to increase the Chamber

3. The notice referred to in paragraph 1. 2, shall be published in the Public Information Bulletin of the Office and the Chancellery of the Prime Minister, as well as in the journal on nationwide coverage.

4. The announcement shall include:

1) information about the limit of the persons to be appointed to the Chamber in the respective qualification proceedings;

2) determination of the term and place of acceptance of declarations to members of the Chamber; the time limit shall not be less than 30 days from the day of the announcement;

3) a list of documents to be attached to the notification to a member of the Chamber;

4) the determination of the time limit for carrying out the qualifying proceedings referred to in paragraph. 1;

5) information about the necessary to obtain the minimum number of points.

5. In order to carry out the qualification proceedings for the members of the Chamber, the President of the Council of Ministers shall appoint a qualification committee, the members of which may be exclusively persons whose knowledge and experience of the provisions relating to the provision of public procurement and authority give a fair and impartial course of the procedure to be eligible.

(6) If, in the course of the qualification, the minimum number of points is obtained by fewer persons than the limit of the persons referred to in the notice referred to in paragraph 1, the minimum number of points shall be determined 4 point 1, the President of the Council of Ministers announces the supplementary qualification proceedings for the members of the Chamber, not later than within 30 days from the day of the end of the previous qualification proceedings. The provisions of the paragraph 1-5 shall apply.

7. The President of the Council of Ministers shall determine, by means of a regulation, the procedure for carrying out the qualification proceedings referred to in paragraph. 1 and 6, the way in which the qualification committee is set up, and the detailed scope of the qualification procedure-taking into account the need to ensure objective verification of the theoretical and practical preparation of candidates, to conduct the the proceedings of appeal and the fact that the conditions referred to in Article 4 (1) (a) are confirmed as being fulfilled. 173 (1) 2, there may be documents containing information subject to the protection of personal data, in particular information from the National Criminal Register.

Chapter 5

(repealed)

Article 177. (repealed)

Article 178. (repealed)

CHAPTER VI

Legal remedies

Chapter 1

Common provisions

Article 179. [ Measures of legal protection] 1. The measures of legal protection referred to in this chapter shall be granted to the contractor, participant in the contest, and to another entity, if he has or has had an interest in obtaining a given order and has suffered or may suffer damage as a result of a breach by the contracting authority of this Act.

2. Measures of legal protection against the contract notice and the specification of essential terms of the contract shall also be entitled to the organisations entered on the list referred to in Article 3. 154 point 5.

Chapter 2

Reference

Article 180. [ Reference] 1. The appeal shall be granted only from the incompatible with the provisions of the act of the procuring order taken in the proceedings for the award of the contract or omission of the act to which the procuring is obliged by law.

2. If the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the appeal shall be entitled only to the operation:

1) the choice of negotiated mode without notice, free order or price enquire;

2) a description of how to assess the fulfilment of the conditions for participation in the proceedings;

3) exclusion of the appellant from the procurement procedure;

4) rejection of the appellant offer.

3. The appeal shall indicate the act or omisment of the procuring action, which is alleged to be incompatible with the provisions of the law, contain a concise statement of the pleas, determine the request and indicate the factual and legal circumstances justifying the bringing of the appeal.

4. The appeal shall be lodged with the President of the Chamber in written or electronic form bearing a secure electronic signature verified by means of a valid qualified certificate.

5. The applicant shall send a copy of the appeal to the procurator before the expiry of the time limit for the lodging of the appeal in such a way that he may become acquainted with his content before the expiry of that time limit. The contracting authority shall be presumed to have read the content of the appeal before the expiry of the time limit for its transfer, if the copy of the appeal has taken place before the expiry of the time limit for its transfer by one of the methods set out in the Article. 27 ust. 2.

Article 181. [ Information of the Contracting Authority on the operation incompatible with the provisions of the Act] 1. The contractor or participant of the contest may, within the period prescribed for the lodging of the appeal, inform the ordering party of the failure to comply with the provisions of the act taken by him or omission of the act to which he is obliged on the basis of laws that are not subject to an Article based on an Article 180 par. 2.

2. In the event of recognition of the merits of the information provided, the contracting authority shall repeat the act or carry out the discontinued operation, informing the contractors in the manner provided for in the Act for that task.

3. On the activities referred to in paragraph. 2, there shall be no appeal, subject to Article 180 par. 2.

Article 182. [ Contribution of the appeal] 1. The appeal shall be lodged:

1) within 10 days from the date of transmission of the information on the order of order constituting the basis for his or her contribution-if they have been sent in the manner specified in art. 27 ust. 2, or within 15 days-if they have been transferred in a different manner-where the value of the order is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8;

2. within 5 days from the date of transmission of the information on the order of order constituting the basis for his or her contribution-if they have been sent in the manner specified in Art. 27 ust. 2, or within 10 days-if they have been transferred in a different way-where the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

2. An appeal against the content of the contract notice, and if the proceedings are conducted in an unrestricted tender procedure, also with regard to the provisions of the specification of essential terms of the contract, shall be submitted within the time limit:

1) 10 days from the date of publication of the notice in the Official Journal of the European Union or the specification of the essential terms of the contract on the website-if the value of the order is equal to or exceeds the amount specified in the regulations issued on the basis of art. 11 (1) 8;

2) 5 days from the day of posting the notice in the Public Procurement Bulletin or the specification of essential terms of the contract on the website-if the value of the order is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8.

3. Appeal against actions other than those referred to in paragraph. 1 and 2 shall be lodged:

1) in the case of contracts the value of which is equal to or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8-within 10 days of the day on which it was taken, or with due diligence, a message may have been taken on the circumstances giving rise to the lodging of the application;

2) in the case of orders whose value is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8-within 5 days of the day on which it was taken or while exercising due diligence, a message of the circumstances giving rise to his or her contribution may have been taken.

4. If the procurator did not publish the notice of intention of concluding the contract or despite such obligation, he did not send the contractor a notice of choice of the most advantageous tender or did not invite the contractor to submit the offer under the dynamic system purchases or framework contracts, the appeal shall be lodged no later than the date of:

1) 15 days from the day of posting in the Public Procurement Bulletin or 30 days from the date of publication in the Official Journal of the European Union of the notice of award of the contract, and in the case of contract award without notice, contract award from a free hand or a request for a price-notice of award of the contract with a justification;

2) 6 months from the date of conclusion of the contract, if the procurator:

(a) has not published in the Official Journal of the European Union the notice of award of the contract; or

(b) published in the Official Journal of the European Union a contract award notice which does not contain a justification for the award of the contract in a negotiated procedure without a notice or a negotiated contract;

3) 1 month from the day of conclusion of the contract, if the procurator:

(a) has not been included in the Public Procurement Bulletin of a contract award notice; or

(b) has included in the Public Procurement Bulletin a contract award notice which does not justify the award of a contract in the form of a negotiated procedure without notice, a contract with a free hand or a question of price.

5. In the case of an appeal against the content of the contract notice or the provisions of the relevant terms of the contract, the procuring order may extend the time limit for the receipt of tenders or the deadline

(6) If an appeal is lodged after the expiry of the time limit for the submission of tenders, the time limit for binding the tender shall be suspended until the notice of the Chamber of the decision is notified

Article 183. [ Prohibition of the conclusion of the contract pending the announcement of the order ending the appeal proceedings] 1. In the event of the lodging of the appeal, the procuring shall not conclude the contract by the time of the announcement by the Chamber of the judgment or order terminating the appeal proceedings, hereafter referred to as the "decision".

2. The purchaser may submit to the Chamber an application for the repeal of the ban on the conclusion of the contract referred to in paragraph. (1) The Chamber may waive the prohibition on the conclusion of a contract if the failure to conclude an agreement could have adverse effects on the public interest, in particular in the fields of defence and security, exceeding the benefits associated with the need for protection all interests in respect of which there is a likelihood of prejudice as a result of the action taken by the procuring order in the procurement procedure.

3. The recognition of the application referred to in paragraph. 2, shall make the composition of the adjudicatory chamber designated for the recognition of the appeal. The provisions of Article 4 188 par. 3-7 shall apply.

4. On the application referred to in paragraph. 2, the Chamber shall decide on an implicit meeting, in the form of a provision, not later than 5 days from the day of its submission. The Chamber shall not be entitled to a complaint.

5. The Chamber of the umpire, in the form of an order, proceedings initiated as a result of the submission of the application referred to in the paragraph. 2, if its diagnosis has become without object, in particular because of:

1) the notice by the Chamber of the decision before the recognition of the application;

2. withdrawal of the application.

6. The application referred to in paragraph 1. 2, the procuring may submit in writing, by fax or by electronic means.

Article 184. [ Call of contractors to extend the validity of the security or to lodge a new defect] The contracting authority shall, not later than 7 days before the expiry of the validity of the tendering security, invite the contractors, under the rigorous exclusion of the tendering procedure, to extend the validity of the security or to lodge a new security for the period necessary to secure the procedure for the conclusion of the procedure. contracts. If the appeal is lodged after the selection of the most advantageous tender, the appeal shall be addressed only to the contractor whose tender is chosen as the most favourable.

Article 185. [ Accession to the appeal procedure] 1. The purchaser shall send immediately, no later than 2 days from the date of receipt, a copy of the appeal to other performers participating in the procurement procedure, and if the appeal concerns the content of the contract notice or provisions specification of the relevant terms of the contract, shall also include it on the website on which the contract notice is posted or the specification is made available, calling on the contractors to accede to the appeal proceedings.

2. The contractor may submit the accession to the appeal proceedings within 3 days from the date of receipt of the copy of the appeal, indicating the party to which he accedes, and the interest in obtaining the settlement in favor of the party to which he accedes. The notification of accession shall be served by the President of the Chamber in written or electronic form bearing a secure electronic signature verified by means of a valid qualified certificate, and a copy thereof shall be sent to the contracting authority and the contractor. the appellant.

3. Contractors who have acceded to the appeal proceedings shall become participants of the appeal proceedings if they have an interest in that the appeal is settled in favour of one of the parties.

4. The purchaser or the appellant may declare an opposition against the accession of another contractor not later than until the opening of the hearing. The Chamber shall take into account the opposition if the notifying opposition is likely to have no interest in obtaining a settlement in favour of the party to which he has acceded; otherwise, the House shall dismiss the opposition. An order to take account of or dismiss the opposition, the House may issue in an implicit meeting. The decision to take into account or to dismiss the opposition shall not be entitled to a complaint.

5. The activities of the participant in the appeal proceedings shall not be in contradiction with the acts and statements of the party to which he acceded, subject to the application of the objection referred to in art. 186 para. 3, by the participant who acceded to the proceedings on the contracting party.

6. The appeal and the contractor requested in accordance with the paragraph. 1 shall not subsequently exercise the means of legal protection against a procuring order carried out in accordance with the judgment of the Chamber or the General Court or on the basis of an Article. 186 para. 2 and 3.

7. The provisions of the Act of 17 November 1964, respectively, shall apply to the appeal proceedings. -Code of Civil Procedure of the Arbitration Court (Arbitration Court), if the Act does not provide otherwise.

Article 186. [ Response Response] 1. The purchaser may submit a response to the appeal. The response to the appeal shall be made in writing or orally to the Protocol.

2. In the event that the Contracting Authority considers, in full, the pleas set out in the appeal, the Chamber may cancel the proceedings in an implicit session without the presence of the parties and the participants in the appeal proceedings, who have joined the proceedings after the hearing. the contractor's party, provided that no economic operator has entered the period of time in the appeal proceedings on the contracting party. In such a case, the procuring shall perform, repeat or cancel the action in the procurement procedure as requested in the appeal.

3. If the participant of the appeal proceedings, which has acceded to the proceedings on the contracting party, will not raise any objection as to the consideration in all of the charges presented in the appeal by the procurator, the Chamber of the proceedings, and the procurator performs, repeats or invalidates the actions in the procurement procedure as requested in the appeal.

4. If the participant in the appeal proceedings, which has acceded to the proceedings on the contracting party, raises the opposition to take account of all the allegations made in the appeal, the Board shall recognize the appeal.

(5) Opposition shall be made in writing or orally to the Protocol.

6. Costs of appeal proceedings:

1) in the circumstances referred to in paragraph. 2, shall be mutually exclusive;

2) in the circumstances referred to in paragraph. 3:

(a) shall be borne by the contracting authority if it has taken into account all the pleas in the appeal after the opening of the hearing,

(b) shall be mutually exclusive where the procuring has taken into account the pleas in law of the appeal before the opening of the hearing;

3) in the circumstances referred to in paragraph. 4, shall bear:

(a) the appellant, if the appeal has been dismissed by the Chamber,

(b) the opposing party, if the appeal has been taken into account by the Chamber.

Article 187. [ Reference recognition] 1. The appeal shall be subject to recognition if:

1) does not contain formal deficiencies;

2) the entry has been paid.

2. The entry shall be paid at the latest by the date of expiry of the time limit for the lodging of the appeal, and the proof of his payment shall be attached to the appeal.

(3) If the appeal cannot be given the right to run as a result of the failure to comply with the formal conditions, in particular those referred to in Article 4 (1), 180 par. 3, failure to apply a power of attorney or failure to pay the entry, the President of the Chamber calls on the appellant to return the appeal to correct or supplement the appeal or to submit proof of payment of the alert within 3 days from the date of service of the call. The misindication of the appeal or other obvious inaccuracies shall not prevent it from running and reconnapping it by the Chamber.

4. The President of the Chamber shall instruce on the notice referred to in paragraph 1. 3 first sentence, that in the event of non-correction, failure to complete or non-linking proof of payment of the alert within 3 days, the appeal will be returned.

5. In the event of service of the appellant referred to in paragraph 1. In the first sentence of the first sentence of 3 days before the expiry of the time limit for lodging an appeal, the appellant may supplement the proof of payment of the alert at the latest by the expiry of the time limit for lodging an appeal

6. In the case of non-payment of the entry within the period referred to in paragraph. 2, and after the expiry of the time limit referred to in paragraph 2. 3 and 5, the President of the Chamber shall return the appeal in the form of a The appeal returned shall not have any effect which the law shall entail in the removal of the appeal to the President of the Chamber. The President of the Chamber shall inform the Contracting Authority of the return of the appeal by sending a copy of the order.

7. If the failure to maintain the formal conditions or failure to lay the power of attorney is determined by the composition of the adjudicatory chamber, the provisions of the paragraph. 1-6 shall apply, except that the powers of the President of the Chamber shall be entitled to the formation of the Court of Chamber.

(8) The appeals may withdraw the appeal until the hearing is closed; in such a case, the Board of Appeal shall appeal. If the revocation took place before the opening of the hearing, the appellant shall return 90% of the alert.

Article 188. [ Bench of the Chamber] 1. The appeal shall be recognised by the Chamber in a single-person composition. The President of the Chamber may order the case to be heard in a three-person composition if it considers this to be desirable in view of the particular complexity or precedent of the case. In such a case, the President of the Chamber shall indicate the chairman of the adjudicatory chamber of the Chamber from

2. The adjudicatory chamber of the Chamber, hereinafter referred to as the "adjudicatory composition", shall be appointed by the President of the Chamber in the order of the influence of appeals from the alphabetical list of the members of the Chamber, overt for the parties to the appeal proceedings. A derogation from that order shall be admissible only because of the illness of a Member of the Chamber or for another valid reason, which must be indicated in the order for the appointment of a hearing of the formation of the adjudicatory chamber.

3. The change of the designated formation of the adjudicatory shall take place only for the reasons referred to in the paragraph. 2 second sentence.

4. The member of the adjudicatory chamber shall notify the President of the Chamber in writing of the circumstances referred to in the paragraph. 2 second sentence.

5. A member of the formation of the adjudicatory or the party shall notify the President of the Chamber in writing of the circumstances justifying the exclusion of the appointed member, in particular when the circumstances of the facts or law are in place, which may raise reasonable doubts as to its impartiality. The President of the Chamber shall decide whether to exclude a member of the Chamber, or to refuse his exclusion, by order not to be entitled to a complaint.

6. If the circumstances referred to in paragraph 1 5, concern the President of the Chamber, whether or not the President of the Council of Ministers is excluded or refusing to exclude it.

7. In the cases referred to in paragraph. 5 and 6, the President of the Chamber shall designate the adjudicatory chamber of another member of the Chamber by order of the alphabetical list of the members of the Chamber.

Article 189. [ Reference recognition] 1. The Chamber shall recognize the appeal within 15 days from the date of its service to the President of the Chamber. The President of the Chamber may order a joint recognition of appeals by the Chamber, if they have been made in the same procurement procedure or concern the same order of order.

2. The Chamber shall reject the appeal if it finds that:

1) in the case do not apply the provisions of the Act;

2) the appeal was brought by the entity not entitled;

3) the appeal has been lodged after the expiry of the period specified in the Act;

4) the appellant refers only to the same circumstances which have been the subject of a decision by the Chamber on another appeal relating to the same proceedings brought by the same appellant;

5) the appeal relates to the act which the ordering party has carried out in accordance with the content of the judgment of the Chamber or the court or, in the case of consideration of the charges in the appeal, which he/she has performed as requested in the appeal;

6) in proceedings with a contract value less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8, the appeal concerns other activities than those referred to in Article. 180 par. 2;

7) the appellant did not send the requestor a copy of the appeal, in accordance with art. 180 par. 5.

(3) The Chamber may reject the appeal at a meeting of classified information. The Chamber, if it deems it necessary, may allow a meeting of the party, witnesses or experts to attend.

4. If it is found that there are no grounds for rejection of the appeal, the Chamber shall refer the case to the hearing.

5. The House shall recognize the appeal at the open hearing.

(6) The House shall, at the request of a party or of its own motion, exclude the publicity of the hearing in whole or in part if, in the recognition of the appeal, information constituting a secret protected under separate provisions may be disclosed, other than classified information in the the meaning of the provisions on the protection of classified information. The hearing shall then be held solely with the participation of the parties or their proxies.

(7) The House shall recognise an appeal in an implicit meeting if, in the recognition of the appeal, an implied information may be disclosed within the meaning of the provisions for the protection of classified information.

8. In the case referred to in paragraph. 7, the Chamber may decide to consider the appeal at the hearing, the disclosure of which has been excluded in its entirety if it is in favour of this important interest of the party.

9. In the case of an appeal concerning the procurement procedure in the fields of defence and security, the documentation of which contains classified information, the President of the Office, at the request of the President of the National Board of Appeal, bearing in mind ensuring the protection of classified information, shall indicate the place of recognition of the appeal by the National Board of Appeal.

Article 190. [ Evidence] 1. The parties and participants of the appeal proceedings shall be obliged to indicate the evidence to establish the facts from which the legal effects are derived. Evidence in support of its claims or the reparation of the opposing party's assertions and the participants in the appeal proceedings may submit until the hearing is closed.

1a. The burden of proof that the tender does not contain a abnormally low price shall lie with:

1) the contractor who has submitted it, if it is a party or a participant in the appeal proceedings;

2) a procurator, if the contractor who submitted the offer is not a participant in the proceedings.

2. The Chamber may allow evidence not indicated by the party.

3. Evidence shall in particular be documents, witness statements, opinions of experts, and hearing of the parties.

4. The Chamber may appoint an expert from among persons entered on the list of forensic experts carried out by the President of the competent district court, if the determination of the facts of the case requires special messages. The expert is entitled to remuneration in the amount determined in accordance with the provisions of Chapter 2 of Title III of the Act of 28 July 2005. the court costs in civil matters.

5. The facts commonly known and the facts known from the office do not require proof. Nor shall they require proof of the facts granted in the course of proceedings by the opposing party, if the House considers that the granting is not of doubt as to the compatibility with the actual state of affairs.

(6) The Chamber shall refuse to carry out the evidence requested if the facts which are the subject of that evidence have already been established by other evidence or where they have been invoked only for a corpse.

7. The House assesses the credibility and the power of the evidence in its own conviction, on the basis of a comprehensive consideration of the collected material.

(8) In the event of a contract being concluded, the Chamber may carry out an investigation to determine the conditions for the cancellation of the contract, the imposition of a financial penalty or the shortening of the period of validity

9. Members of the Chamber retain the confidentiality of classified information or other information contained in the documents provided by the parties and participants in the proceedings and acceding to the appeal proceedings and shall act in the appeal proceedings in accordance with the with interests in the fields of defence and security.

Article 191. [ Close of the hearing] (1) The President of the formation of the Court shall close the hearing after the evidence and to give the floor to the parties, and if the Chamber considers that the matter has been sufficiently clarified.

2. By issuing a judgment, the House shall take as a basis the state of affairs established in the course of the proceedings.

3. The Chamber shall open a closed hearing if, after its closure, the circumstances relevant to the settlement of the appeal have been disclosed.

4. The judgment may be issued only by the formation of the adjudicatory proceedings before which the appeal proceedings have been pending.

Article 192. [ The dismissal of the appeal or of its consideration] 1. The refusal or taking into account the Chamber shall adjudicate on the decision. In other cases, the House shall issue a provision.

2. The Chamber shall take account of the appeal if it finds a breach of the provisions of the Act which has had an impact or may have a material impact on the outcome of the procurement procedure.

3. Taking into account the appeal, the Chamber may:

1) if the contract on a public contract has not been concluded-order the execution or repetition of the order of order or order the cancellation of the order of order; or

(2) if the contract for a public contract has been concluded and one of the conditions referred to in Article 4 (1) is to be concluded. 146 (1) 1:

(a) annul the contract; or

(b) annul the contract in respect of commitments not executed and impose a financial penalty in justified cases, in particular where it is not possible to reimburse the benefits fulfilled on the basis of the contract subject to the annulment; or

(c) impose a financial penalty or a rule on shortening the duration of the contract where it is established that the maintenance of the contract is in an important public interest, in particular in the fields of defence and security; or

3) if the contract on the public contract was concluded in the circumstances allowed in the Act-to determine the violation of the provisions of the Act.

4. The Chamber, ruling on the basis of the mouth. Article 3 (2) shall take into account all relevant circumstances, including the gravity of the infringement, the conduct of the contracting authority and the consequences of the cancellation of the contract.

5. Important public interest within the meaning of the mouth. 3 point 2 (a) (c) does not constitute an economic interest linked directly to the contract, including, in particular, the consequences of the costs arising from: delay in performance of the contract, the opening of a new public procurement procedure, the award of the contract to another contractor and legal obligations relating to the cancellation of the contract. The economic interest in maintaining the validity of the contract may be considered to be an important public interest only if the invalidity of the contract results in disproportionate consequences.

6. The Chamber shall not order the conclusion of an agreement.

6a. The Chamber may not annul the contract if it could pose a significant threat to the wider defence and security programme necessary for the interests connected with the security of the Republic of Poland.

7. The Chamber shall not rule on any allegations which were not included in the appeal.

8. In the case referred to in art. 189 (1) In the second sentence of paragraph 1, the Chamber may issue a joint ruling on the matters of appeal.

(9) In the judgment and in the order in which the appeal proceedings are terminated, the Board shall decide on the costs of the appeal proceedings.

10. The parties shall bear the costs of the appeal proceedings in accordance with its outcome, subject to Article 186 para. 6.

Article 193. [ Financial Penalties imposed on the ordering party of up to 10% of the value of the remuneration] Financial penalties as referred to in Article 192 (1) 3 point 2 (a) b and c, overlaps with the ordering of up to 10% of the remuneration of the contractor provided for in the contract concluded, taking into account the type and extent of the infringement and the value of the remuneration of the contractor provided for in the concluded contract, for which the penalty is a rule.

Article 194. [ Financial penalty of up to 5% of salary value] Chamber, finding an infringement of a provision of art. 94 par. 1 and 2 or art. 183 (1) 1, which was not connected in violation of another provision of the Act, imposes on the contracting authority a financial penalty of up to 5% of the remuneration of the contractor provided for in the concluded contract, taking into account all relevant circumstances concerning award.

Article 195. [ Payment of financial penalties] 1. The financial penalty shall be paid within 30 days from the date on which the decision of the Chamber or the court of application of the financial penalty has been given, to the bank account of the Public Procurement Office.

2. The President of the Chamber or, accordingly, the President of the court hearing the complaint against the judgment of the Chamber, shall send without delay to the President of the Office a copy of the final decision relating to the imposition of a financial penalty, in the case of a court decision-together with a copy Judgment of the The President of the Office is a creditor within the meaning of the provisions of the Law on enforcement proceedings in the administration.

3. The ruling of the Chamber, issued on the basis of art. 192 (1) 3 point 2 (a) b or c, shall become final on the day of expiry of the time limit for bringing an action or on the day of the judgment of the Tribunal following the examination of the appeal against the judgment of the Chamber of the dismissive action.

4. The ruling of the court hearing the complaint against the judgment of the Chamber for the imposition of a financial penalty shall be final on the day of its issuance.

5. In the event of expiry of the period referred to in paragraph. 1, the financial penalty shall be subject to the application of enforcement proceedings in the administrative procedure.

6. In the event of untimely payment of the financial penalty, the interest shall not be collected.

7. Proceeds from financial penalties constitute the revenue of the State budget.

Article 196. [ Announcement of the decision] 1. The Chamber shall declare the decision after the hearing is closed at the public hearing and shall state the oral motives for the decision. The absence of the parties does not hold the announcement of the ruling.

2. In the case of the intricate, the Board may postpone the announcement of the decision for a period of not more than 5 days In order to postpone the notice of the decision, the Chamber shall set a time limit for its If the notice was postponed, it may make it the chairman of the formation of the adjudicatory chamber or appointed by the President of the Chamber to the adjudicatory chamber.

(3) A reasoned decision shall be drawn up by the Chamber.

4. The reasons for the judgment shall include an indication of the basis of the factual settlement, including the finding of the facts which the Chamber considered to be proved, the evidence on which it relied, and the reasons why other evidence refused the reliability and the probative power, and an indication of the legal basis of the judgment with the provisions of the law

5. The copies of the decision, together with the justification, shall be sent within 3 days from the date of notification of the decision, and if there has been no notice within 3 days from the date of issue of the order, the parties and participants of the appeal proceedings or their representatives.

(6) The Chamber may rectify, by way of order, clerical errors or accounting errors or other obvious errors committed in the judgment. In that case, the chairman of the formation of the adjudicating bench shall indicate on the original the statement of his rectification. The President of the Chamber shall, without delay, serve the parties and the participants in the appeal proceedings or of their representatives to the copies of the rectified judgment, together with the rectification of the rectification order.

Article 197. [ Declaration Of Enforceability of the House ruling 1. The ruling of the Chamber, after the court has established its enforceability, shall have legal force on an equal basis with the judgment of the court. Article Recipe 781 § 2 of the Act of 17 November 1964 -The Code of Civil Procedure shall apply mutatis mutandis.

2. The declaration of enforceability of the decision of the Chamber shall be adjudicated upon request of the The party is obliged to attach to the application the original or certified by the President of the Chamber, a copy of the decision of the Chamber.

3. The Tribunal shall determine the enforceability of a decision of the Chamber which is fit for execution by means of enforcement, giving the decision a declaration of enforceability.

Article 198. [ Delegation] The President of the Council of Ministers shall determine by way of regulation:

1) the rules of procedure for the recognition of appeals, specifying in particular the requirements of formal appeal, the manner of lodging the appeal in electronic form, the proceedings with the lodged appeal, preparation of the hearing, having regard to the need for ensure a smooth organisation of the hearing, the rapid conduct of appeals and the publicity of the hearing;

2) the amount and manner of collection of the entry from the appeal and the types of costs in the appeal proceedings and the way of their settlement, having regard to the differentiated height of the alert, dependent on the value and type of the order, and the validity of the reimbursement of the cost side necessary for the deliberate investigation of the rights or the deliberate defence.

Chapter 3

Complaint to the court

Art. 198a. [ Action] 1. The decision of the House to the parties and the participants in the appeal proceedings shall be entitled to a complaint to the court.

2. The provisions of the Act of 17 November 1964 shall apply as a result of the application of the action. -the Code of Civil Procedure on appeal, if the provisions of this Chapter do not provide otherwise.

Article 198b. [ Lodging of the complaint] 1. The complaint shall be lodged with the district court competent for the seat or the place of residence of the procurator.

2. The complaint shall be lodged by the President of the Chamber within 7 days from the date of service of the decision of the Chamber, while sending her a copy of the complaint against her opponent. Submission of a complaint at the postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529) is tantamount to its introduction.

3. The President of the Chamber shall submit the complaint together with the file of the appeal proceedings to the competent court within 7 days from the date of its receipt.

4. Within 21 days from the date of the decision, the complaint may also be lodged by the President of the Office. The President of the Office may also accede to the proceedings. The provisions of the Act of 17 November 1964 shall apply mutatis mutandis to the actions taken by the President of the Office. -Code of Civil Procedure on the Prosecutor's Office.

Art. 198c. [ Requirements] The application must comply with the requirements laid down for the pleadings and indicate the decision of the contested decision, the statement of objections, the concise statement of reasons, the indication of the evidence, and a request for the annulment of the decision or of the amendment rulings in whole or in part.

Art. 198d. [ Request extension and presence with new requests] In a proceeding which is pending as a result of a complaint, it is not possible to extend the request of the appeal nor to perform the new requests.

Art. 198e. [ Rejection of the complaint] 1. The Tribunal in an implicit session shall reject the complaint lodged after the expiry of the period or inadmissible for other reasons, as well as a complaint, the deficiencies of which the party did not complete in time.

2. If the party has not made the procedural action not by his fault, the court at its request shall reinstate the deadline. An order in this matter may be issued at a meeting of secret.

3. The letter of the application for the restoration of the deadline shall be filed with the court within 7 days from the date of cessation of the reason for failure to meet the time limit.

Art. 198ea. [ Proof of burden of proof] The burden of proof that the tender does not contain a abnormally low price shall lie with:

1) the contractor who has made it, if it is a party to proceedings or intervene;

2) a procurator, if the contractor who submitted the offer is not a party to the proceedings or intervene.

Art. 198f. [ Disknowledge of the case] 1. The Tribunal shall recognize the case immediately, but not later than within 1 month from the date of the influence of the complaint to the court.

2. The Tribunal shall dismiss the action of the sentence if it is unfounded. Where the action is taken into account, the court shall amend the judgment under appeal and give judgment on the merits of the case, and shall issue a decision in the other cases. The provisions of Article 4 192-195 shall apply mutatis mutandis. Article Article 386 § 4 of the Act of 17 November 1964 -The Code of Civil Procedure does not apply.

3. If the appeal is rejected or there is a basis for the redemption of the proceedings, the court shall quash the judgment or change the order and reject the appeal or cancel the proceedings.

4. The Tribunal may not rule on the grounds of appeal which have not been the subject of appeal.

5. The parties shall bear the costs of the proceedings in accordance with its outcome; determining the amount of costs in the content of the decision shall also take into account the costs incurred by the parties in connection with the recognition of the appeal.

Art. 198g. [ Cassation complaint] 1. From the judgment of the court or the order terminating the proceedings in the case shall not be entitled to the cassation complaint. The provision shall not apply to the President of the Office.

2. The actions taken by the President of the Office shall apply accordingly the provisions of the General Prosecutor's Office, as set out in Part I of the Book I of Title VI of the Va section of the Act of 17 November 1964. -Code of Civil Procedure.

CHAPTER VII

Liability for violation of the Act

Article 199. [ Exemption of the provisions of the department The provisions of this chapter shall not apply to the procuring entities referred to in Article. 3 para. 1 points 1, 2 and 5.

Article 200. [ Responsibility of the Contracting Authority] 1. The purchaser, who:

1) award the contract:

(a) in contravention of the provisions of the Act laying down the conditions for the application of the contract award modes: negotiations without notice, free of hand or a question of price,

(b) without the required notice,

c) without the application of the Act,

2) (repealed)

3) (repealed)

4) make changes in the concluded agreement in violation of the provisions of the Act

-is subject to a penalty payment.

2. The monetary penalty shall also be subject to the procuring order, which:

1) lay down the conditions for participation in the procurement procedure in a way that hinders fair competition,

2) describes the subject of the contract in a way that makes it difficult for fair competition,

3) conduct a procurement procedure in violation of the principle of disclosure,

4) does not respect the terms set out in the Act,

5) exclude the contractor from the proceedings for the award of the contract in violation of the provisions of the Act determining the grounds for exclusion,

6) rejects the offer in violation of the provisions of the Act determining the grounds for the rejection of

7) make selection of the most advantageous offer in violation of the provisions of the Act

-where the infringement is affected by the outcome of the procurement procedure.

Article 201. [ Setting the amount of the penalty payment] 1. The amount of the monetary penalty referred to in art. 200, it shall be determined according to the value of the contract.

2. If the value of the order:

1) is less than the amounts specified in the provisions issued on the basis of art. 11 (1) 8-the penalty payment is 3000 PLN;

2) is equal to the amount or exceeds the amounts specified in the provisions issued on the basis of art. 11 (1) 8, and is less than 10,000,000 euros for supplies or services and 20 000 000 euros for construction works-a cash penalty is PLN 30,000;

3) is equal to or exceeds, expressed in PLN, the equivalent of EUR 10 000 000 for supplies or services and EUR 20 000 000 for construction works-a penalty payment of 150 000 PLN.

Article 202. [ Imposition of a monetary penalty] 1. The financial penalty shall be imposed by the President of the Office by way of an administrative decision.

1a. The President of the Office does not impose a monetary penalty if, in violation of the provision of the Act, the Chamber or the court imposed a financial penalty.

2. A decision on the imposition of a monetary penalty cannot be given an immediate enforceability clause.

Article 203. [ Enforcement of the penalty payment] 1. The resources of the monetary penalty constitute the revenue of the state budget.

2. Cash penalties shall be subject to the enforcement of enforcement proceedings in the administration in respect of execution of duties of a monetary nature.

CHAPTER VIII

Amendments to the provisions in force

Article 204. (bypassed)

Article 205. (bypassed)

Article 206. (bypassed)

Article 207. (bypassed)

Article 208. (bypassed)

Article 209. (bypassed)

Article 210. (bypassed)

Article 211. (bypassed)

Article 212. (bypassed)

Article 213. (bypassed)

Article 214. (bypassed)

Article 215. (bypassed)

Article 216. (bypassed)

Article 217. (bypassed)

Article 218. (bypassed)

Article 219. (bypassed)

CHAPTER IX

Transitional and final provisions

Article 220. [ Transitional provision] (1) To proceedings for the award of contracts initiated prior to the entry into force of the Act and of the appeals and controls which concern them, the provisions of the existing provisions shall apply.

2. To contracts in public procurement contracts concluded before the date of entry into force of the Act, the provisions of the existing one shall apply.

Article 221. (bypassed)

Article 222. (bypassed)

Article 223. (bypassed)

Article 224. [ Entry on the list of arbitrators] The President of the Office shall enter on the list of arbitrators for the first term of office of the person referred to in Article. 173 (1) 2, with the fact that the term of office of persons who passed the examination with the number of points lower than half the limit of the persons to be entered on the list of arbitrators shall last 3 years.

Article 225. [ Repealed provisions] The Law of 10 June 1994 shall be repealed. o public procurement (Dz. U. of 2002. Nr 72, pos. 664, of late. zm.).

Article 226. (bypassed)

Article 227. [ Entry into force] The Act shall enter into force after 21 days from the day of the announcement, with the exception of:

1. 13 in relation to the transmission of the initial information notice to the Publications Office of the European Union,

2. Article 30 par. Article 2 (4) and (4) 4, art. 31 par. 4, art. 34 par. 1 point 1, art. 40 par. 3, art. 43 par. 3 and para. 4 point 2, art. 49 (1) 3,

3. Article 49 (1) 4 in relation to the communication of a contract notice to the Publications Office of the European Union,

4. Article 52 par. 3 point 2, art. 62 ust. 3, art. 90 par. 4, art. 92 in the scope of notification of the choice of the President of the Office, art. 95 (1) 2, art. 104 (1) 3, art. 108 point 2, art. 116 (1) 2, art. 118 (1) 4,

5) art. 128 in relation to the transmission of the periodic indicative notice to the Publications Office of the European Union,

6) art. 132 (1) 1 point 2 and paragraph. 2, art. 133, art. 134, Art. 135

7) art. 146 (1) 1 point 1 in respect of failure to communicate the contract notice to the Publications Office of the European Union,

8) art. 154 point 16 in the presentation of the Commission's annual report on the functioning of the procurement system,

9. Article 167, art. 168, art. 169, art. 177, Art. 178

-which shall enter into force on 1 May 2004.

The Act Of 29 January 2004 Public Procurement Law

Original Language Title: USTAWA z dnia 29 stycznia 2004 r. Prawo zamówień publicznych

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ACT of 29 January 2004 Public procurement law

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ACT

of 29 January 2004

Public procurement law