Poland: new procurement regulation

On 31 December 2009, new regulation came into force affecting the types of document which may by requested in public procurements by a contracting authority.

The changes affect both contracting authorities and contractors and include:

· requiring Polish contractors whose Management Board members are domiciled abroad to submit documents confirming that they have  no criminal record issued at their place of domicile (e.g. France, Sweden)

· requiring contractors who rely on the knowledge, experience or other resources of a business to submit documents relating to that business (e.g. confirming its lack of a criminal record or that it has no tax arrears)

· requiring contractors to submit documents evidencing payment of their insurance policy (previously not expressly required)

· requiring contractors to provide references confirming that the construction works it carried out complied with relevant building regulations and were properly finished (this may require a change of references used previously)

This regulation replaces the previous regulation of 19 May 2006 and is aimed at synchronising the regulations with the new wording of Polish public procurement law.