Access from third countries under control. Changes in the public procurement law

On Tuesday, the government adopted a bill as part of deregulation, which will limit the access to contractors from third countries to the Polish public procurement market. In addition, the threshold of applying the public procurement law is to be raised from 130,000. PLN to 170 thousand zloty.

“The Council of Ministers has today adopted a bill that will limit the access of contractors from third countries to the Polish public procurement market. This is another step in the implementation of the government's deregulation policy,” the Ministry of Development and Technology, the author of the project wrote in the press release.

This is to guarantee Polish enterprises protection against competition from third countries.

“The provisions adopted by the Council of Ministers today give the contracting rights, thanks to which contractors from countries that do not have signed agreements with the European Union will have limited access to the Polish public procurement market,” wrote the ministry.

He added that in practice this means that the contracting authority will decide whether to allow contractors from third countries to participate in the proceedings of the third countries who are not parties to international agreements.

“It will be possible to limit contractors from third countries, the possibility of submitting offers and applications or contractors from third countries will not be able to use legal protection measures,” it was written.

It has been added that contractors from countries that have signed appropriate agreements with the European Union, e.g. the agreement of the World Trade Organization on government orders – GPA, will be treated in the same way as contractors from EU countries.

“The rules for accessing contractors from third parties who are not international agreements to the parties to the third parties to the contracting procedures organized by Polish contracting procedures and proceedings for the conclusion of the concession agreement organized by Polish ordering,” he noted.

The project also increases the threshold of applying the Public Procurement Law (PZP) with 130,000 PLN to 170 thousand zloty.

“We care about increasing the competitiveness of proceedings and a greater number of offers submitted in them, which is why we are increasing the PZP threshold from 130,000 to 170,000 zlotys. This solution will contribute to greater interest of entrepreneurs from participating in public procurement,” said MRIT head Krzysztof Paszyk quoted in information.

It was indicated that in practice this means that the threshold of applying regulations contained in the PZP Act, as well as for concession contracts for construction or services, will amount to 170 thousand. zloty.

In the opinion of the Ministry of Technology and Development, thanks to the change in the threshold, the Employer will easily match the way the contractor selection and the procedure for concluding public procurement contracts to the indicated needs.

It was emphasized that the contracting authority would be obliged to examine the impact of the planned order on competitiveness.

In addition, the government adopted a draft amendment to the Act on spatial planning and development, thanks to which municipalities will implement public purpose investments, at the same time preparing a general plan.

“Municipalities will be able to issue decisions on determining the location of a public purpose also after July 1, 2026, even if the study of conditions and directions of spatial development of the Starci Moca commune, and the general plan has not yet entered into force. This will allow you to continue the necessary investments, based on the decision to determine the location of public purpose investment,” wrote Mrit. (PAP Biznes)

JZ/ ry/