Abstract

The Polish Ministry of Development is preparing the new Public Procurement Act. This Act shall replace the Act of 29 January 2004 – Public Procurement Law (Journal of Laws of 2017, item 1579). The overall objective is to obtain better value for public money, to deliver better outcomes for societal and other public policy objectives while increasing the efficiency of public spending. The main problems of the Polish public procurement regulation include: no clear aims for using public procurement in Poland; insufficient use of strategic procurement: green, innovative and social; excessive powers of the supervisory bodies which respectively limits the activities of contracting authorities; strict regulation of public contracts; failing to use of the negotiation procedure; insufficient share of SMEs in public procurement; problems of homogeneity of jurisdiction in public procurement cases; abuses in the implementation of in-house procurement.

There are also some proposals given by the author. The main aims of the Polish regulation shall be: implementation of the best value for public money as the effectiveness rule, which means the exponential growth of strategic procurement: innovative, green and social; as regards the national procurement policy – professionalization of the contracting authorities, increase in the share of SMEs in public procurements, particularly building innovative start-ups, and uniformity and predictability of case law. There are also some supporting aims such as: greater influence of economic operators on the specification of substantial terms and conditions of a contract, lesser number of supervisory bodies and their negative impact on contracting authorities, improved anti-corruption barriers, preference of honest economic operators, and the improved text of the Public Procurement Act.