1. Challenges and the future of the sustainable public procurement in Poland New York, April 5th 2019
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice

2. Challenges for the Polish sustainable procurement in the next years
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice
Summary
Public Procurement Market in Poland in 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
New York, April 5th 2019

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

4. Level of regulation Examples of legal acts International European
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice
Level of regulation
Examples of legal acts
International
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
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
Public Procurement Act, National Action Plan on Sustainable Public Procurement , 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

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

6. Level of the implementation of the Sustainable Procurement in Poland in 2017 – The state of the law implementation
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

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

8. Challenges of the Polish Sustainable Procurement
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice
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

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

10. New Polish Public Procurement Act –
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice
New Polish Public Procurement Act –
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

11. New Polish Public Procurement Act –
Professor Michal Kania Visiting Fulbright Scholar George Washington University Silesian University in Katowice
New Polish Public Procurement Act –
Future of the sustainable public procurement in Poland
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
New York, April 5th 2019

12. Thank you!
Professor, MBA, Legal adviser Michal Kania Silesian University in Katowice /Poland/ Fulbright Visiting Scholar at the George Washington University Phone:
New York, April 5th 2019