Public Tenders in Poland: How Foreign Companies Can Bid

Public procurement is the process through which Polish public authorities and other contracting entities purchase works, supplies, or services from private suppliers. A foreign company may participate in a Polish tender if it meets the conditions set out in the tender documentation, complies with the Polish Public Procurement Law, and submits its bid using the required electronic means of communication.

For international businesses, Polish public procurement can offer substantial commercial opportunities in sectors such as infrastructure, IT, energy, healthcare, defence, professional services, and public transport. At the same time, tender procedures are formal. A bid can be rejected not only because of price or technical shortcomings, but also because of missing documents, an invalid electronic signature, failure to provide required bid security, or exclusion grounds.

Legal framework for bidding in Polish public tenders

The principal legal act is the Act of 11 September 2019 – Public Procurement Law, commonly referred to as the PPL or PZP. The act governs procedures conducted by public contracting authorities in Poland, including open procedures, restricted procedures, negotiated procedures, and framework agreements [1].

Since 1 January 2026, the PPL applies to classic contracts awarded by public contracting authorities where the contract value is PLN 170,000 or more (previously PLN 130,000; the old threshold still applies to procedures launched before that date) [1]. For 2026-2027, the EU thresholds are EUR 5,404,000 (PLN 23,291,240) for works, EUR 140,000 (PLN 603,400) for supplies and services procured by central government authorities, EUR 216,000 (PLN 930,960) for supplies and services procured by other contracting authorities, and EUR 432,000 (PLN 1,861,920) for supplies and services in the utilities sector [2]. Many procedural rules, including the ESPD, the type of electronic signature, and appeal deadlines, depend on whether the contract value is below or at or above these EU thresholds.

Foreign businesses established in the European Union, the European Economic Area, or countries covered by the WTO Government Procurement Agreement or another international agreement guaranteeing reciprocal access to public procurement to which the EU is a party generally have access to procurement procedures on the same terms as EU contractors [3]. Article 16 of the PPL requires procedures to ensure fair competition, equal treatment of contractors, transparency, and proportionality, while Article 16a, in force since 9 September 2025, expressly extends equal treatment to contractors from such third countries, in line with Article 25 of Directive 2014/24/EU [1], [4].

Businesses from other third countries do not have an enforceable right to participate. The Court of Justice of the EU confirmed in its judgment of 22 October 2024 in Case C-652/22 Kolin that economic operators from third countries not covered by such an agreement cannot claim equal treatment under the EU procurement directives [5]. Under Article 16b of the PPL, the contracting authority decides in the tender notice or documents whether such contractors may participate, whether they may act as consortium partners, capacity providers, or subcontractors, and it may set less favourable conditions for them. Under Article 505(1a), they are not entitled to legal remedies under the PPL [1]. In addition, measures adopted under the EU International Procurement Instrument may restrict specific countries: since 30 June 2025, Chinese operators have been excluded from EU tenders for medical devices worth EUR 5 million or more, and winning bids may include no more than 50% of medical devices of Chinese origin [6]. The tender documentation and any applicable EU restrictive measures should therefore be reviewed carefully before resources are committed to bid preparation.

Where to find public tenders and register on e-Zamówienia

Most significant public tenders are published electronically. Above EU thresholds, notices are published in the Official Journal of the EU and are available in the Tenders Electronic Daily (TED) database. Below EU thresholds, notices required under the PPL are published in the Polish Public Procurement Bulletin (Biuletyn Zamówień Publicznych), which is run on the e-Zamówienia platform [7].

The e-Zamówienia platform registration process may be necessary where the contracting authority uses the central platform operated by the Public Procurement Office. However, not every authority uses e-Zamówienia for the entire procedure. Many contracting authorities operate their own procurement platforms or use commercial systems. The tender notice and procurement documents identify the relevant platform, submission deadline, technical requirements, and method of communication.

A foreign bidder should verify the following before preparing an offer:

• whether the procedure is conducted in Polish only;
• whether registration on a specific electronic platform is required;
• which type of electronic signature is required or accepted;
• whether the bid and supporting documents must be signed separately;
• whether a Polish translation must be provided for foreign documents;
• the time zone applicable to the submission deadline; and
• whether clarification questions must be submitted through the electronic platform.

Under Articles 61 and 63 of the PPL, communication in procurement procedures is generally electronic, subject to statutory exceptions. At or above EU thresholds, the bid and the preliminary statement must be submitted in electronic form, meaning with a qualified electronic signature, under pain of nullity. Below EU thresholds, a Polish trusted signature (podpis zaufany) or personal signature (podpis osobisty) is also accepted, but these are in practice available mainly to persons holding Polish identification, so foreign bidders usually rely on a qualified electronic signature. A failure to submit a bid in the required electronic form can result in rejection [1]. Technical requirements for electronic documents are set out in the Regulation of the Prime Minister of 30 December 2020 [8].

ESPD (JEDZ) in Poland: documents foreign bidders should prepare

In procedures at or above EU thresholds, a contractor submits the European Single Procurement Document, known in Poland as JEDZ. The JEDZ is the Polish version of the ESPD and serves as a preliminary declaration confirming that the contractor is not subject to exclusion and meets the relevant qualification requirements.

Article 125 of the PPL requires the contractor to attach an appropriate preliminary statement to the bid or application, to the extent indicated by the contracting authority. In procedures at or above EU thresholds, that statement is submitted in the form of the JEDZ. Before selecting the best bid, the authority then calls the highest-ranked bidder to provide, within a period of at least 10 days, the formal evidence supporting the declarations made in the JEDZ (Article 126) [1].

Foreign companies should expect to provide documents equivalent to Polish certificates, including evidence concerning tax and social-security compliance, criminal records, insolvency status, professional registers, and authority to represent the company. The required evidence depends on the tender and the exclusion grounds invoked by the contracting authority. Rules on subjective evidence are set out in the Regulation of 23 December 2020 [9]. Since 12 July 2026, a contractor holding a certificate issued under the Act of 5 August 2025 on the certification of public procurement contractors may submit it instead of the corresponding subjective evidence [1].

If an equivalent document is not issued in the bidder’s country, or does not cover all the required matters, it is replaced by a statement made under oath or, where the bidder’s country has no rules on sworn statements, a statement made before a judicial or administrative authority, a notary, or a professional or trade body [9]. This should not be assumed without checking the exact document requirements.

Exclusion grounds in Polish public procurement

Exclusion grounds under Polish public procurement rules are particularly important for foreign businesses. Article 108 of the PPL contains mandatory exclusion grounds, including certain final criminal convictions, participation in criminal organisations, corruption, fraud, terrorism-related offences, human trafficking, and specified tax or social-security arrears confirmed by a final judgment or administrative decision [1].

Article 109 provides optional grounds that a contracting authority may include in its tender documents. These may concern bankruptcy or liquidation, serious professional misconduct, conflicts of interest, misleading information, or prior improper performance of a public contract.

Sanctions-related exclusions apply in addition to the PPL. Under Article 7(1) of the Act of 13 April 2022 on special solutions to counteract support for aggression against Ukraine and to protect national security, a contractor must be excluded if it, its beneficial owner, or its parent entity is listed under Council Regulation (EC) No 765/2006 or Council Regulation (EU) No 269/2014 or on the Polish national sanctions list [10]. Article 5k of Council Regulation (EU) No 833/2014 also prohibits awarding contracts within the scope of the EU procurement directives to Russian nationals, entities established in Russia, and entities owned or controlled by or acting on behalf of them, including where subcontractors, suppliers, or entities whose capacity is relied upon account for more than 10% of the contract value [11].

The precise consequences depend on the factual situation, the legal basis relied upon by the contracting authority, and whether the contractor can demonstrate self-cleaning measures under Article 110 of the PPL. Self-cleaning is available only for the exclusion grounds specified in that provision. Such measures may include compensation for damage, cooperation with authorities, internal investigations, disciplinary action, and improved compliance controls.

Bid bond (wadium) in Poland and financial requirements

A bid bond, known as wadium, may be required by the contracting authority. Under Article 97 of the PPL, the bid bond may not exceed 3% of the contract value; in the basic procedure used below EU thresholds, the limit is 1.5% (Article 281(4)) [1]. At the contractor’s choice, it can be provided in cash, a bank guarantee, an insurance guarantee, or a surety issued by an entity referred to in the Act on the Polish Agency for Enterprise Development. No other forms are permitted.

The tender documentation should be checked for the exact amount, validity period, wording requirements, and method of delivery. A guarantee or surety must be submitted as an original electronic document. A bank or insurance guarantee that does not comply with the tender terms may be ineffective. If required bid security is not provided, or is provided incorrectly, the bid is rejected. Bid security may be retained only in the situations defined by Article 98 of the PPL.

Consortium bids in Polish public tenders: joint bidding and subcontractors

A consortium bid in a Polish public tender may be useful where several businesses combine technical experience, financial capacity, or local execution resources. Article 58 of the PPL permits contractors to submit a joint bid [1]. Consortium members must appoint a representative to represent them in the procedure or to represent them and conclude the contract. Under Article 59, the contracting authority may request a copy of the agreement regulating cooperation between consortium members before the contract is awarded.

Each consortium member submits its own preliminary statement (JEDZ) and must demonstrate the absence of exclusion grounds [1]. The consortium should also clearly allocate responsibilities, confirm which entity relies on which experience, and ensure that the contractual arrangement matches the tender requirements.

Subcontracting is another option, but it does not automatically allow the bidder to rely on a subcontractor’s resources. If the bidder relies on another entity’s capacity to meet participation conditions, Articles 118 to 123 of the PPL apply and supporting commitments may be required [1].

Practical risk management before submitting a bid

Bidding in Polish public tenders requires more than translating commercial materials. The bid must be internally consistent, compliant with the tender specification, and submitted before the deadline. Particular attention should be given to pricing, VAT treatment, contractual penalties, performance security, insurance obligations, confidentiality, and the availability of key personnel.

Deadlines for challenging the contracting authority’s decisions are very short. An appeal to the National Appeal Chamber (KIO) is generally lodged within 10 days of the electronic notification of the contested action at or above EU thresholds, and within 5 days below EU thresholds [1]. Bidders should therefore plan in advance for procurement disputes in Poland.

This is informational material, not legal advice. Foreign bidders requiring a tender-specific review of eligibility, documentation, consortium arrangements, or exclusion risks can contact the Kopeć & Zaborowski legal team.

FAQ – Public Tenders in Poland

Can a foreign company bid for public contracts in Poland without a Polish subsidiary?

Yes. A Polish subsidiary is not generally required. The foreign company must, however, meet the participation conditions, submit the required documents, and comply with electronic submission and language requirements. Companies from third countries not covered by the WTO Government Procurement Agreement or another EU agreement may participate only if the contracting authority allows it.

Is the ESPD (JEDZ) mandatory for every tender in Poland?

No. In procedures at or above EU thresholds, the preliminary statement is submitted in the form of the JEDZ. Below EU thresholds, the contracting authority requires a preliminary statement in the form specified by the PPL and the tender documentation.

Must foreign corporate documents be translated into Polish?

Documents and statements prepared in a foreign language are generally submitted with a Polish translation, unless the contracting authority has allowed a foreign language [8]. The applicable regulations do not generally require a sworn translation, unless such a requirement follows from separate legislation or the nature of a specific document.

What is wadium in a Polish public tender?

Wadium is a bid bond securing the bidder’s obligations during the tender process. Its amount, acceptable form, validity period, and retention conditions are governed by the tender documents and Articles 97-98 of the PPL.

Can companies submit a consortium bid in Poland?

Yes. Joint bidding is permitted under Article 58 of the PPL. Consortium members must appoint a representative and should ensure that responsibility, qualifications, and document submission are clearly structured.

What are common reasons for bid rejection?

Common reasons include late electronic submission, missing or invalid signatures, failure to provide the required bid bond, failure to meet technical requirements, and inconsistent pricing. A contractor may also be excluded where it is subject to an exclusion ground or fails to demonstrate that none applies; its bid is then rejected.

Bibliography

[1] Act of 11 September 2019 – Public Procurement Law, consolidated text: Journal of Laws of 2026, item 793, as amended.

[2] Announcement of the President of the Public Procurement Office of 8 December 2025 on the current EU thresholds and their PLN equivalents, Monitor Polski of 2025, item 1247.

[3] World Trade Organization, Agreement on Government Procurement.

[4] Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement.

[5] Judgment of the Court of Justice of the European Union of 22 October 2024, Case C-652/22, Kolin Inşaat Turizm Sanayi ve Ticaret.

[6] Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 (International Procurement Instrument) and Commission Implementing Regulation (EU) 2025/1197 of 19 June 2025 restricting access of economic operators and medical devices originating in the People’s Republic of China to the EU public procurement market for medical devices.

[7] Public Procurement Office, Platforma e-Zamówienia – official user guidance and instructions.

[8] Regulation of the Prime Minister of 30 December 2020 on the method of preparing and transmitting information and technical requirements for electronic documents and electronic means of communication in public procurement procedures or competitions, Journal of Laws of 2020, item 2452.

[9] Regulation of the Minister of Development, Labour and Technology of 23 December 2020 on subjective evidence and other documents or statements which may be requested by the contracting authority from the contractor, Journal of Laws of 2020, item 2415, as amended.

[10] Act of 13 April 2022 on special solutions to counteract support for aggression against Ukraine and to protect national security, consolidated text: Journal of Laws of 2025, item 514, as amended.

[11] Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, Article 5k.