Role and functions
Public Procurement Office (PPO) plays a policy making and co-ordinating role for the whole public procurement system. It is an independent unit within the Polish government. The President of PPO is appointed by the Prime Minister.
The key duties of PPO are:
- to prepare drafts of legislative acts on public procurement,
- to arrange appeal proceedings under the Public Procurement Law,
- to check the regularity of conducted procedures,
- to prepare training programs, organise and inspire training events in the field of public procurement,
- to maintain international cooperation on issues relating to public procurement.
National Appeals Chamber (NAC) is the first instance body in the review proceedings against decisions of contracting authorities. According to the existing legal framework NAC is responsible for review of appeals concerning public contracts. NAC was established in November 2007 replacing panels of arbiters who were responsible for review of appeals on the basis of previous regulations.
The bodies of NAC are: 1) the Chairman and 2) the General Assembly composed of all members of the Chamber.
According to Public Procurement Law (PPL) NAC consists of no more than 100 members appointed and dismissed by the by the minister responsible for economy from among persons satisfying the requirements, referred to in below, who obtained the best results in competitive procedure. A person eligible to become a member of NAC must: 1) be a Polish citizen; 2) have higher law education; 3) have a full legal capacity to enter into legal transactions; 4) enjoy all public rights; 5) have an undisputable reputation; 6) not been validly convicted of offences committed intentionally; 7) have minimum 5 year work experience in public administration or at the positions connected with giving legal advice, preparing legal opinions, preparing drafts of legal acts as well as acting before courts and offices; 8) have at least at the age of 29.
Currently, there are 46 members of NAC.
The members of NAC are selected in a competitive g procedure, which consists of: 1) a written exam in theoretical and practical knowledge of the contract award procedure rules and 2) an oral exam (interview).
The Chairman and the Vice-chairman are appointed for a 3-year term of office by the Prime Minister pursuant to a motion of the Public Procurement Office (PPO) President from among candidates proposed by the members of the Chamber.
The members of NAC are independent and bound solely by the provisions of the binding law. Rulings of NAC are adopted following public hearings by 1 or 3 member panels appointed to the specific cases by the Chairman of NAC. PPO provides to NAC administrative support.
APPEALS DEPARTMENT
The Appeals Department exerts the competence of the PPO President related to ensuring the functioning of legal protection measures system, including the provision of technical and organizational support for the National Appeals Chamber, preparation of minutes from proceedings, dissemination of rulings public procurement at the PPO website.