Public procurement reform in Poland is underway (we have described it here). The reforms are related to new public procurement directives, including:
- Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, and
- Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
The Public Procurement Office recently announced a public consultation on the executive regulation of the European Commission on the standard form of the so-called European Single Procurement Document (“ESPD”; the announcement in Polish is available here). The deadline for submitting comments during the public consultation is 15 September 2015.
Simplification of the tender procedure in the form of an ESPD is one of the major elements of public procurement reform. Under the draft of the new Act on Public Procurement, the ESPD includes a declaration issued by an economic operator for the purposes of a tender procedure and constitutes initial proof for e.g. an assessment of the grounds for excluding the economic operator or of meeting the selection criteria. The aim of the ESPD is to decrease the administrative burden imposed on economic operators (i.e. providing certificates issued by public authorities or third parties), particularly with respect to entities who fail to win the tender procedure. According to the draft of the new law, during a tender procedure economic operators only need to submit an ESPD. As a general rule, specific documents confirming that there are no grounds for exclusion from the procedure or that the selection criteria are met will be submitted only by the entity whose offer would be considered the most economically advantageous.
In accordance with Directive 2014/24/EU, the ESPD must be provided exclusively in electronic form. This is a part of the implementation of e-procurement. However, EU member states are allowed to postpone the implementation of e-procurement until 18 April 2018. Taking into account the current version of the draft Act on Public Procurement, it is likely that the Polish government will postpone the implementation of e-procurement until this date.