Regulation of the Prime Minister of 9 July 2007 on the amount of and the manner for collecting the registration fee for the appeal, kinds of costs in the appeal procedure and the manner for their accounting for (Journal of Law No. 128, item 886)

Pursuant to Article 193 (3) of the Act of 29 January 2004 – Public Procurement Law (Journal of Law of 2006 No. 164, item 1163, as amended), it is decreed as follows:

§1.1. The amount of the registration fee for the appeal lodged in the contract award procedure for supplies or services and in design contest shall amount to PLN 20,000.

2. The amount of the registration fee for the appeal lodged in the contract award procedure for works, whose value is:

1) equal to or exceeds the amounts specified in provisions enacted in pursuance of Article 11 (8) of the Act – Public Procurement Law of 29 January 2004, hereinafter referred to as the “Act”, on which the obligation to dispatch the notice for services or supplies to the Office for Official Publications of the European Communities depends, but is less than the amounts in provisions enacted in pursuance of Article 11 (8) of the Act on which the obligation to dispatch of the notice for works to the Office for Official Publications of the European Communities depends, 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 on which the obligation to dispatch the notice for works to the Office for Official Publications of the European Communities depends, shall amount to PLN 40,000.00.

§ 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 registration 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 PPO shall place the information on the bank account, referred to in § 2 (1), on the PPO website.

§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, expenses and charges of the PPO relating to the organisation and handling of appeal procedures, archiving the documents and trainings for members of the National Appeal Chamber, hereinafter referred to as the “Chamber”, preparing them to examine appeals properly,
b) remuneration of and reimbursement of expenses incurred by experts and translators,
c) costs of examining other evidence in the course of appeal procedure,

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 session or sessions of the Chamber,

b) remuneration of an attorney-in-fact, however not exceeding PLN 3600.

2. When adjudicating on the costs of the procedure, the Chamber shall apply the amount of the paid fee referred to in paragraph 1 (1) towards the costs. If an appeal is admitted, the Chamber shall charge the awarding entity, to the benefit of the appellant, with the registration 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 Chamber 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 registration fee, the Chamber shall order a participant in the proceedings to pay the difference to the benefit of the PPO;

2) lower than the amount of the registration fee, the Chamber shall decree that the difference will be refunded by the PPO to the fee payer.

§5. The Regulation shall enter into force on 12 October 2007.

PRIME MINISTER