Institutional set up of public procurement in PolandStructure & role of PPO

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Main institutions

Decentralized system of public procurement

Main players in the field of pp administration:

- Public Procurement Office – central government regulatory and monitoring body

- Review: National Appeal Chamber – I instance review body, common (district) courts – II instance review bodies

- audit - Supreme Audit Office- Administrative courts – review bodies for

concessions

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President of Public Procurement Office

• President of PPO - „a central government body competent for matters concerning public contracts”

• President of PPO appointed and dismissed by the Prime Minister

• Appointed „from among persons selected in open and competitive recruitment”

• Supported by Public Procurement Office• Public Procurement Council - advisory and

consultative body

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The Public Procurement Office

• PPO – office supporting activities of President of PPO

• The mission: ensuring level playing field for economic operators in public procurement as well ensuring that priciples of transparency and efficiency of procurement procedures are respected

• a separate body within public administration created 1995

• Staff of PPO: 135 working in 7 org units + internal auditor

• www.uzp.gov.pl

Public Procurement Council

Public Procurement Council consultative and advisory body of President

of PPO, 10 – 15 people, appointed by Prime Minister from among pp experts

Opinions on particularly important issues on public procurement

Convoked a few times per year (if need arises)

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PPO management

• the President

• the Vice Presidents (2)

• the Director General

PPO Structure – organizational units

• Legal Department • Ad hoc Control

Department• Department of Control for

Contracts co-financed from EU funds

• European Union and International Cooperation Department

• Information, Education and System Analyses Department

• Appeals Department• Organisational and

Financial Bureau• Independent Position for

Internal Audit

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PPO: main tasks

• Legislation: preparing drafts and opinions on drafts on public procurement

• Advice: legal opinions on the application of pp rules

• Dissemination of information on bidding opportunities: Bulletin, pp portal

• Audit: to assess compliance of pp procedures with the law

• Training: to inspire training programs and events, publication of training materials

• Reporting: collecting statistics and analyses of functioning of pp system

• International co-operation

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LEGAL DEPARTMENT

Legal Department provides both internal and external legal services for the Public Procurement Office. The tasks of the department are carried out by its two units:

Legislation Legal Opinions, Judicature and Court Cases.

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LEGAL DEPARTMENT- structure

The activities of the Legislation Unit include in particular:• preparation of draft legal acts in the field of public procurement,• participation in the legislative process with regard to legal acts prepared by other governmental institutions and related to public procurement issues.

The activities of the Legal Opinions, Judicature and Court Cases Unit focus in particular on:• explanation and interpretation of provisions provided by the Public Procurement Law,• dissemination of legal interpretations,• preparation of general contract terms, standard contract forms and instructions concerning contract award procedures,• preparation of administrative decisions to be issued by the President of the PPO pursuant to the Public Procurement Law.

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AD HOC CONTROL DEPARTMENT

carries out tasks related to control powers of the President of the PPO provided for in PPL with reference to contracts not financed from the EU funds

1) examines:

- lawfulness of selection of the type of contract award procedure other than open or restricted tendering, conclusion of contract, having as its object periodical or continuous services for a period longer than 4 years, conclusion of a framework agreement for more than 4 years (on the basis of notifications provided by public purchasers);

2) checks compliance of pp procedure with the law

3) prepares the drafts of the control report and post control recommendations.

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DEPARTMENT OF CONTROL FOR CONTRACTS CO-FINANCED FROM EU FUNDS

carries out the tasks related to control powers of the President of the PPO in the scope of contracts co-financed from EU

is responsible for carrying out control on particular contract award procedures on the basis of information and documents obtained from awarding entities and other sources.

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DEPARTMENT OF EUROPEAN UNION AND INTERNATIONAL COOPERATION

- monitoring the compliance of the Polish public procurement law with the requirements of the EU directives,

- preparation of Poland’s stand with regard to ECJ cases concerning public procurement,

- analysis of changes and developments in international law and agreements in the field of public procurement.

activities include also: organization of international contacts of the PPO and cooperation with relevant foreign authorities and international organizations i.e. OECD, United Nations and Council of Europe, not to mention the Community Initiative- Public Procurement Network.

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INFORMATION, EDUCATION AND SYSTEM ANALYSES DEPARTMENT

- preparation of training events, - elaboration of publications and guides on

application of public procurement provisions, - gathering and editing information concerning

functioning of public procurement system to be placed at the website of the Public Information Bulletin,

- monitoring the functioning of the public procurement system,

- elaboration of analytical materials on the national and EU public procurement market.

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APPEAL DEPARTMENT

carries out tasks related to appeal proceedings under the Act on Public Procurement and provides services for the National Appeal Chamber.

activities include also: organizational service to the National Appeal Chamber, dissemination of information on case law concerning public procurement and assessment of functioning of legal protection measures. 

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National Appeal Chamber

Under Article 172 PPL

National Appeal Chamber – I instance review body responsible for review of appeals submitted by suppliers in the course of contract award procedures

legally distinctive from PPO but in financial and administrative matters „serviced” by PPO

National Appeals Chamber – composition and role

NAC established in November 2007 replacing panels of arbitrators who were responsible for review of appeals on the basis of previously binding provisions.

The bodies of National Appeals Chamber are:

Chairman, Vice-chairman and General Assembly composed of all

members of NACComposition: 38 members

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Website of PPO: www.uzp.gov.pl

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