Regulation of the Prime Minister of 16 October 2008 on the report on contract award procedure (Journal of Laws, No. 188, item 1154)

Pursuant to Article 96 (5) of the Act of 29 January 2004 – Public Procurement Law (Journal of Laws of 2007 No. 223 item 1655 and of 2008 No. 171 item 1058), it is decreed as follows:

§ 1. The Regulation determines a standard form of the report on the contract award procedure, hereinafter referred to as the "report" and the scope of additional information included in the report, as well as the manner and form of making the report along with attachments available to interested parties.

§ 2. Apart from the information, referred to in Article 96 (1) of the Act of 29 January 2004 – Public Procurement Law, hereinafter referred to as the "Act", the report shall include:

1. information referring to the awarding entity;
2. indication of the value of a public contract, hereinafter referred to as a "contract", value of the framework agreement or value of the dynamic purchasing system, date and manner of estimating the date, the name and surname of the person who made the estimation;
3. names and surnames of persons performing the activities in the contract award procedure and of persons involved in preparing the procedure;
4. information on the appointment of experts;
5. information on notices;
6. information on requests to participate in the procedure, tenders, initial or indicative tenders;
7. information on economic operators admitted to the dynamic purchasing system;
8. place and date for submission of tenders;
9. place and date of opening tenders;
10. information on compliance by economic operators with conditions for the participation in the procedure;
11. information on economic operators excluded from the procedure;
12. information on tenders, which were rejected, also due to abnormally low price;
13. summary of the evaluation and comparison of submitted tenders;
14. information on the selection of the best tender and on the use of electronic auction;
15. date and reasons for annulling the contract award procedure or the procedure conducted in order to conclude framework agreement;
16. reasons for using by the awarding entity of other types of contract award procedures than open or restricted tendering;
17. information on lodged protests and appeals, if they are admissible, and on their outcome;
18. date of completion of work of the tender committee and of approval of the outcome of the procedure;
19. information on performance of new or repeated activities and date of completion of work of the tender committee and of final approval of the outcome of the procedure;
20. information on conducting an ex-ante control co-financed from EU funds;
21. information on a complaint lodged with a district court;
22. information on conclusion of a public contract or framework agreement.

§3. In the contract award procedure where the value is lower than the amounts specified in legal provisions issued on the basis of Article 11 (8) of the Act, the awarding entity shall prepare the record containing the information:

- referred to in § 2 (1) and (2), (6)-(17), and (22);
- contained in additional forms ZP-11, ZP-14, ZP-21, ZP-22 and ZP-24, listed in Attachment No. 3 to the Regulation;
- referring to the date of commencement and closing of an electronic bidding, if the procedure is conducted under electronic bidding.

§4. 1. The standard form of the report on contract award procedure where the value is:

1) equal to or exceeds the amounts specified in provisions issued on the basis of Article 11 (8) of the Act, shall constitute the Attachment No. 1 to the Regulation;
2) less than the amounts specified in provisions issued on the basis of Article 11 (8) of the Act shall constitute the Attachment No. 2 to the Regulation.

2. The standard forms of additional forms to the report, referred to in paragraph 1, shall constitute the Attachment No. 3 to the Regulation.

§ 5. 1. The awarding entity shall make the report or the attachments available at request.

2. Making the report or the attachments available may have the form of an insight in a place determined by the awarding entity, dispatch of the copy by post, fax or by electronic means, according to choice of the applicant specified in the request.

3. Without the consent of awarding entity, the applicant shall not make a copy or recordings by means of devices or technical means used to record the image of the submitted tenders or requests to participate in the contract award procedure during an insight in the report or the attachments in a place determined by the awarding entity.

4. If the dispatch of copy of the report or the attachments according to choice of the applicant is significantly hindered, in particular due to the number of documents requested to be dispatched, the awarding entity shall notify it to the applicant and shall indicate the way, the documents may be made available.

5. If Making the report or the attachments available causes additional costs on the part of awarding entity referring to manner for making the report or the attachments available or their transformation, the costs are then incurred by the applicant. The awarding entity shall not charge the applicant with the mentioned costs, if the consent, referred to in § 3. 1., was not granted.

6. The awarding entity shall forthwith make the report or the attachments available to the applicant. In exceptional cases, in particular in order to provide efficient workflow in reference to examination and evaluation of tenders, the awarding entity shall make the tenders or the requests to participate in a procedure available for an insight or shall dispatch their copies within the time limit fixed by the awarding entity, however not later than the day when the information on selection of the best (most advantageous) tender or on the cancellation of the procedure is dispatched.

§ 6. Subject to § 5, to contract award procedures commenced before the entry into force of this Regulation, the hitherto provisions shall apply.

§ 7. Regulation of The Prime Minister of 24 October 2007 on the report on the contract award procedure (Journal of Law, No. 202, item 1463) shall be repealed.

§ 8. The Regulation shall enter into force on the 24th of October 2008.

PRIME MINISTER