Regulation of the Prime Minister of 24 October 2007 on the report on contract award procedure (Journal of Law, No. 202, item 1463)

Pursuant to Article 96 (5) of the Act of 29 January 2004 – Public Procurement Law (Dz. U. No. 19, item 177, as amended), it is decreed as follows:

§ 1. The Regulation sets out 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. In addition to 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 relating to the awarding entity;

2. 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 carrying out 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, including 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 about carrying out 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;

21. information on a complaint lodged with a district court;

22. information on conclusion of a public contract or framework agreement.

§ 3. 1. 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), as well as the date of commencement and closing of an electronic auction;

- additional forms ZP-14, ZP-21 and ZP-24, listed in Attachment No. 3 to the Regulation.

§4. 1. The pattern 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) lower 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 patterns 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 allow making copies or extracts from the report including attachments at its seat or at the seat of its organisational unit or the third party, who was entrusted with preparation and conduct of the contract award procedure.

2. On the request of economic operator, the awarding entity shall send a copy of the report in hard copy, by fax or by electronic means, according to awarding entity’s choice.

§ 6. 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 19 May 2006 on the report on the contract award procedure (Journal of Law, No. 87, item 606) shall be repealed.

§ 8. The Regulation shall enter into force after 14 days from its publication.

PRIME MINISTER