We encourage you to take part in our survey (in Polish) on the costs of appealing to the National Appeals Chamber (KIO) and filing complaints against KIO rulings to regional courts in connection with pending procedures for the award of public contracts.

With this survey we hope to see if the currently applicable costs of these remedies are not perhaps excessively prohibitive. We would also like to determine what the market players regard as the most reasonable level of these costs.

The questionnaire and analysis of the responses to it form part of an ongoing project looking into the broader issue of legal protection currently available in the public procurements system. As part of this project, our Association produced a report titled “Functioning of Legal Protection Measures in EU Countries. Key Conclusions” which is available on our website. The report also details conclusions relevant to the situation in Poland.

The review of registration fees charged in appeal procedures before the KIO and when complaints are filed with regional courts against KIO rulings will add to the conclusions summarized in the above report and will be forwarded to the Ministry for Development and the Public Procurement Office, along with proposals for suitable legislative change.

Our project is important considering that work is now underway to draft a new public procurement bill. We hope that the framers of this bill will take into account our proposals regarding legal protection remedies and the fees and charges that go with them, given just how critical these are in the public procurement system.

Please return the completed questionnaire to us by 15 January 2018. The questionnaire is short and you will need just a few minutes to fill it in.