Regulation of the Prime Minister of 19 May 2006 on the amount of and detailed rules of collecting the appeal fee and detailed rules of accounting for costs of the appeal proceedings (Journal of Law No. 87, item 608)

Pursuant to Article 193 (3) of the Act of 29 January 2004 – Public Procurement Law (Journal of Law No. 19, item 177 as amended), it is decreed as follows:

§1.1. The amount of the appeal fee lodged in the contract award procedure for supplies or services, whose value is:
1) lower than the amounts specified in provisions enacted in pursuance of Article 11 (8) of the Act of 29 January 2004 – Public Procurement Law, hereinafter referred to as the "Act", shall amount to PLN 10,000.00;
2) equal to or exceeds the amounts specified in provisions enacted in pursuance of Article 11 (8) of the Act shall amount to PLN 20,000.00.
2. The amount of the appeal fee lodged in the contract award procedure for works, whose value is:
1) lower than the amounts specified in provisions enacted in pursuance of Article 11 (8) of the Act shall amount to PLN 20,000.00;
2) equal to or exceeds the amounts specified in provisions enacted in pursuance of Article 11 (8) of the Act shall amount to PLN 40,000.00.
3. The provision of paragraph 1 shall apply accordingly to design contests.

§ 2.1.The appellant shall pay the fee referred to in § 1 to the bank account of the Public Procurement Office advised by the President of the Public Procurement Office, hereinafter referred to as the "President of PPO".
2. The fee shall be considered as paid, if a payment is made or the appellant's bank account is debited to the benefit of the Public Procurement Office hereinafter referred to as the "PPO".

§3. The President of the Office shall publish information about the bank account referred to in § 2 (1) in the Public Procurement Bulletin and on the website of PPO.

§4.1. Costs of appeal procedure shall include:
1) costs incurred by the PPO relating to the organisation and handling of appeal procedures, including in particular:
a) remuneration for arbitrators' services and their reasonable expenses incurred in connection with the consideration of an appeal,
b) remuneration of and reimbursement of expenses incurred by experts and translators,
c) costs of examining other evidence in the course of appeal procedure,
d) expenses and charges of the PPO relating to the organisation and handling of appeal procedures, documents archiving and trainings for arbitrators preparing them to examine appeals properly;
2) reasonable expenses of participants of the appeal procedures, excluding expenses of an economic operator petitioning to enter the appeal procedures under Article 184 (4) of the Act, in the amount determined on the basis of receipts enclosed in  the case documentation, including in particular:
a) expenses of a participant in the proceedings connected with his approach to the designated sitting or sittings of the arbitration panel
b) remuneration of an attorney-in-fact, however not exceeding PLN 3600.
2. When awarding the costs of the procedurethe arbitration panel shall apply the amount of the paid fee referred to in paragraph 1 (1) towards the costs. If an appeal is admitted, the arbitration panel shall charge the awarding entity, to the benefit of the appellant,, with the fee applied for the costs of the appeal procedure.
3. When awarding the costs of the appeal procedure in case of appeals referred for joint examination, the arbitration panel shall take into account all the costs incurred in a given appeal procedure pro rata to the number of all jointly considered appeals.
4. If the costs referred to in paragraph 1 (1) are:
1) higher than the amount of the fee, the arbitration panel shall order a participant in the proceedings to pay the difference to the benefit of the PPO;
2) lower than the amount of the fee, the arbitration panel shall decree that the difference will be refunded by the PPO to the fee payer.

§5. The Regulation of the Prime Minister of 18 March 2004 concerning the amount of and detailed rules for collecting the appeal fee and detailed rules of accounting for costs in the appeal procedures (Journal of Law No. 49, item 468 and of 2005 No. 48, item 450) shall be repealed.

§6. To appeals concerning contract award procedures lodged prior to the entry into force of this Regulation, the hitherto provisions shall apply.

§ 7. The Regulation shall enter into force on 25 May 2006.

Prime Minister