The new law on public procurement is a revolution in the context of the pozacenowych criteria in tendering in the sector

29 September. The President of the ZIPSEE ‘ Digital Poland “, Michael Kanownik took part as a speaker in the 11th Nationwide public procurement Conference, whose aim was to bring the representatives of the State-owned companies and officials of the new rules, which are required to apply in the context of the checks carried out by each public tenders. Particularly difficult to apply in practice are the new recommendations on pozacenowych criteria for the evaluation of the bids. According to. Kanownika the most commonly used criteria for pozacenowe, that is, the date of delivery, warranty service is at the same time, those in which the easiest errors at the level of the formulation of the policy evaluation.

Public procurement law specifies the criteria that should be met when the contractor’s bid in the tender. These requirements are often strict, because procurement is the expenditure of taxpayers ‘ money. The contracting authority should therefore bear in mind that its decisions are “public”.
The goal of each tender is to identify the best offer, which is not equivalent to the fact that the cheapest.
For several years, legislators give lip strive to relevant provisions to encourage those responsible for formulating rules in public tenders and for their review to ensure that pointed not only on price, but above all pozacenowe assessment criteria, which often have a measurable financial impact on the value of the final offer.


Since October, 2014. the Act “public procurement law” limited ability to apply including the lowest price. Pozacenowe criteria for the evaluation of bids began to be formally used, however, the contracting authority shall not use the full potential of these criteria. This is because, but also to update the law so that it complies with the EU directives on 28 July 2016. entered into force the new law of 22 June 2016, by which the price can be no more,
than 60%. the weight of all the criteria for the evaluation of the offer.

Despite the good intentions of the legislator restrict price criteria on the level of quantity does not resolve the issue, because, as demonstrated during the 11TH Nationwide public procurement Conference, Michael Kanownik, President of ZIPSEE ‘ Digital Poland “, representatives of the authorities and State-owned companies often lack the knowledge to formulate the requirements at the level of the pozacenowych criteria in such a way as to actually enable the selection of the best-not only price-offer.

“The date of delivery, warranty, service is willingly used by organizers of the public procurement criteria pozacenowe, because I seem to have a clear and easy assessment,” explains Kanownik.  “However, it is precisely on these criteria, the easiest way to send if you apply descriptions too general or vague,” added.


The proof of this thesis Kanownik quoted the example of a tender, in which the criterion of pozacenowym was the term of the contract. The tender won company, which offered 2 hours for order processing – because it did was made, that was established and the stores closest to the customer. Another example of the absurdity of such a criterion was that the tender offered to 0 days of the term of the contract. The contractor who won the bid explained that the goods will provide the same day when signing the contract.

Kanownik pointed out also that much more important, and overlooked, because difficult assessment criteria pozacenowe concern the quality of products or services, technical parameters, including energy efficiency and environmental impact, aesthetic and functional characteristics, such as social aspects. on the professional and social integration. Pointed out the important criterion of pozacenowe related to innovation.

As you can see changes in the Act on public procurement require not only increase awareness of the pozacenowych criteria, but also knowledge about what to expect under such criteria.  As summed up your instance of Kanownik “as consumers we have learned already to appreciate the pozacenowe criteria and follow them on the shelf, because we know that the price rarely works miracles. We should therefore do the next step and the knowledge to use in public tenders “.

According to the announcement of the President of the ZIPSEE ‘ Digital Poland “soon under the auspices of the Organization of the Office of public procurement starts with educational project that has the knowledge and skills of the representatives of the State-owned companies and public offices.

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