This article examines the implications of proposed changes to Poland’s public procurement law on pricing disputes.
Proposed amendments to pricing dispute regulations
In June 2026, the Public Procurement Office in Poland published a draft amendment to the public procurement law, which includes significant changes to the handling of pricing disputes. Notably, the amendment proposes the removal of Article 224, paragraph 2, which previously mandated that contracting authorities must seek clarification from bidders when their prices are at least 30% lower than the estimated contract value. This change means that offers significantly lower than competitors’ may no longer trigger mandatory scrutiny. Consequently, contracting authorities will need to exercise greater discretion in determining when to request explanations, potentially leading to inconsistencies in how pricing is evaluated across different contracts.
Potential consequences for bidders and authorities
The removal of the 30% threshold could lead to a shift in how disputes over pricing are raised. Previously, the threshold served as a clear signal for authorities to investigate potentially unsustainable bids. With its elimination, bidders may resort to more general claims regarding the credibility of competitors’ pricing, which could complicate the procurement process. Experts warn that this could result in an increase in disputes rather than a decrease, as the lack of a clear limit may embolden bidders to challenge offers based on subjective assessments of price validity. This shift could place greater pressure on contracting authorities to justify their decisions regarding price evaluations.
Impact on the Krajowa Izba Odwoławcza
The proposed changes also aim to alleviate the burden on the Krajowa Izba Odwoławcza (KIO), the body responsible for resolving procurement disputes. Currently, a significant number of appeals relate to formal objections regarding the failure to investigate low prices, which can overwhelm the KIO’s capacity. In 2025, only about 11% of appeals were resolved within the statutory 15-day timeframe. By removing the automatic trigger for price investigations, the hope is to streamline the process. However, experts caution that the new framework may not necessarily reduce the volume of disputes, as the focus could shift from procedural issues to substantive arguments about the legitimacy of pricing.
IN NUMBERS
As the proposed amendments to Poland’s public procurement law move forward, the actual impact on pricing disputes and the efficiency of the procurement process will become clearer once the changes are implemented and tested in practice.
Reported from rp.pl, 2026-08-31. The Tender Wire is published by Otnox.
