On July 25, the Polish Sejm passed the Act on the Certification of Public Procurement Contractors. The primary goal of this legislation is to introduce a uniform system for verifying the eligibility of contractors competing for public contracts. The Act provides for the issuance of a certificate confirming the absence of grounds for exclusion from the proceedings and the capability for proper contract execution.
Scope and functions of certification
Certification may cover two areas: non-exclusion and contractor capacity. In the case of non-exclusion, it confirms that a contractor is not subject to exclusion based on the provisions of the Public Procurement Law (PPL), including after a self-cleaning process. For contractor capacity, the certificate confirms that the contractor possesses the appropriate resources, experience, qualifications, or technical potential necessary to execute the contract properly.
A key principle of the Act is the voluntary nature of certification. Contractors may choose whether to use this new solution or continue to demonstrate their eligibility using traditional methods. Certification functions parallel to existing solutions as an additional option for contractors.
Certification procedure and certifying entities
Certification is initiated at the request of the contractor based on an agreement with a certifying body. These entities must be accredited by the Polish Centre for Accreditation (PCA), and in cases of non-exclusion certification, belong to the public finance sector or be a state-owned sole-shareholder company.
The certificate as a document in proceedings
The certificate can be utilized in numerous proceedings without the need to resubmit documents verifying the contractor's eligibility each time. The Act introduces a legal presumption that the contractor can fulfill the contract or is not subject to exclusion, if the certificate is valid and has not been suspended or annulled.
Certificates are issued for a period ranging from one to three years, during which the criteria for certification may also be verified by the certifying entity.
Certification Database and Data Availability
The Minister responsible for economic affairs will maintain an electronic Database of Certification of Public Procurement Contractors. This database will provide access to information on certificates, their validity, suspension, or termination. Certificates will be available for electronic download, except for those details classified as business secrets.
Implementation Timeline
The Act will come into effect 10 months after its announcement, except for the provisions on contractor capacity certification for supply and service contracts, which will take effect after a four-year transition period.
The further fate of the Act now rests with the proceedings in the Senate and the President's signature.
Summary
It is advisable to consider the new certification system for public procurement contractors now. This solution can significantly simplify and accelerate tender processes for both contractors and contracting authorities. Certification offers not only time and cost savings but also enhances transparency and professionalism in the public procurement market.
We kindly invite you to contact us for support in implementing certification in your company – the earlier the process is initiated, the greater the chance of obtaining certification as soon as the regulations become effective.
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