Challenges and the Future of Sustainable Public Procurement in Poland

Challenges and the Future of Sustainable Public Procurement in Poland
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Professor Michal Kania, a visiting Fulbright Scholar, discussed the state of sustainable public procurement in Poland, highlighting market size, legislation, implementation levels, challenges, and future developments. The presentation tackled key aspects such as the potential impact of sustainable procurement, legal sources, the new Polish Public Procurement Act, and international examples of legal acts influencing public procurement practices in Poland.

  • Poland
  • Sustainable Procurement
  • Public Procurement
  • Legislation
  • Future

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  1. Challenges and the future of the sustainable Challenges and the future of the sustainable public procurement in Poland public procurement in Poland New York, April 5th2019 Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice

  2. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Summary Summary 1. Public Procurement Market in Poland in 2017 - The potential impact of the Sustainable Procurement The state of legislation - Legal sources for the Sustainable Procurement in Poland The state of implementation - Level of the implementation of the Sustainable Procurement in Poland in 2017 Challenges for the Polish sustainable procurement in the next years Future of the sustainable public procurement in Poland - New Polish Public Procurement Act 2. 3. 4. 5. New York, April 5th 2019 2

  3. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Public Procurement Market Public Procurement Market in Poland in 2017 in Poland in 2017 40.3 billion dollars 40.3 billion dollars 8,23% 8,23% Seize of the Polish Market Of the Polish GDP spent on public procurement (without state-owned companies and other exclusions) Threshold for implementation of the Public Procurement Act Public authorities obliged to implement Public Procurement Act Use of open procedure as a solicitation method 31.000 dollars 31.000 dollars 33 690 33 690 86,10% 86,10% 1% 1% Use of negotiations as a solicitation method 0,33% 0,33% 0.3% 0.3% Market research conducted Usage of LCC New York, April 5th 2019 3

  4. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Level of regulation Level of regulation International International Examples of legal acts Examples of legal acts UNCITRAL Model Law on Public Procurement, WTO Government Procurement Agreement, The 10YFP Programme on Sustainable Public Procurement, Public Procurement for Sustainable and Inclusive Growth (OECD) European European Europe 2020 Strategy, European Commission Public Procurement Strategy 2017 Priority #1, Procurement directives 2014, Directive 2009/33/EC clean and energy-efficient road transport vehicles Polish Polish Public Procurement Act, National Action Plan on Sustainable Public Procurement 2017-2020, Strategy for Innovation and Efficiency of the Economy Dynamic Poland 2020 Ca. 20 Guidelines for the Sustainable Procurement in Polish issued by Public Procurement Office New York, April 5th 2019 4

  5. Level of the implementation of the Sustainable Procurement in Poland in 2017 The state of the law implementation Socio Socio- -economic economic 26 % of the aggregated Public Procurement Value 2247 6,7% of the public authorities (voluntary) Ca. 70 % - Art. 29. 3a PPA mandatory rule for the employment contract in most public procurement contracts regarding works and services Promotion of unemployed and disabled persons Art. 29.4 PPA Lack of use as the award criteria New York, April 5th 2019 5

  6. Level of the implementation of the Sustainable Procurement in Poland in 2017 The state of the law implementation Green Green 9 % of the aggregated Public Procurement Value Lack of sound information how many and which public authorities use green procurement Mostly as description of the subject-matter of the contract, Lack of use as the award criteria Mandatory provisions, including inter alia the standard for the electric vehicles in the public transport New York, April 5th 2019 6

  7. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Market Approach Compliance and Anticorruption Professionali- zation Polish Polish Public Public Procurement Procurement Reform Reform Industry Policy Innovations Sustainable Sustainable Procurement Procurement New York, April 5th 2019 7

  8. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Challenges of the Polish Sustainable Procurement Challenges of the Polish Sustainable Procurement Lack of knowledge on the public side about eco-innovations, newest green technology Lack of sound communications between public and private sectors Insufficient level of the professionalization of the public authorities Concerns about the control results of the public procurements Minimal use of LCC Lack of proper data and their use connected with the situation of SME s, disabled or disadvantaged persons New York, April 5th 2019 8

  9. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice Future of the Sustainable Future of the Sustainable Procurement in Poland Procurement in Poland National Sustainable Public Procurement 2017-2020 assumes for the green and social aspects in procurement the level of 25% in 2020 New Public Procurement Act in legislation process in 2019 Action Plan on New York, April 5th 2019 9

  10. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice New Polish Public Procurement Act New Polish Public Procurement Act Future of the sustainable public procurement in Poland Future of the sustainable public procurement in Poland Implementation of the efficiency rule, which encompass the Sustainable Procurement directly in the Public Procurement Act Enlargement for the use of sustainable criteria also for PPP projects mandatory Value for Money analyses Mandatory research market and analyses in procurements above EU thresholds Improvement of the contractors position in the relations with the public authority New York, April 5th 2019 10

  11. Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice New Polish Public Procurement Act New Polish Public Procurement Act Future Future of of the the sustainable sustainable public Increase of the access to the public procurement market for SMEs, disabled or disadvantaged persons, social entrepreneurs- PPS Priority # 3-building the sound data system Trainings for the professionalization of the contracting officers PPS Priority # 2 Trainings for the controlling authorities about the sustainable procurement PPS Priority # 2 Implementation of the programs with the fresh approach at the University level public procurement procurement in in Poland Poland New York, April 5th 2019 11

  12. Thank you! Professor, MBA, Legal adviser Michal Kania Silesian University in Katowice /Poland/ Fulbright Visiting Scholar at the George Washington University kaniappp@gmail.com Phone: 1 571-274-7438 New York, April 5th 2019 12

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