New procurement thresholds in 2022
The EU thresholds and the euro exchange rate for converting threshold amounts from euros to Polish zlotys will be higher from 1 January 2022. The PLN/EUR conversion rate is also going up.
On 11 November 2021, the European Commission published regulations introducing new public procurement value thresholds, effective as of 1 January 2022 (Commission Delegated Regulations (EU) of 10 November 2021, nos. 2021/1950, 2021/1952 and 2021/1953).
Additionally, European Commission Communication No. 2021/C 457/01 determining the equivalent of the thresholds set out in Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC was published in the Official Journal of the European Union dated 11 November 2021, setting binding conversion rate into euro of national currencies other than the euro for determination of the threshold amounts for the obligation to communicate notices to the Publications Office of the European Union.
Since January 2020, the PLN/EUR conversion rate for this purpose has been 4.2693, but that no longer reflects actual PLN/EUR exchange rates.
From 1 January 2022, this rate will rise to PLN 4.4536, and the individual thresholds converted into PLN will be as shown in the table below.
From 1 January 2022, the threshold for construction works procurements, currently EUR 5,350,000, will rise to EUR 5,382,000. Other thresholds will rise as follows:
- The current threshold of EUR 139,000 for supply or service contracts awarded by contracting authorities from the public finance sector will increase to EUR 140,000.
- The threshold for supplies and services procured by local government contracting authorities will rise from EUR 214,000 to EUR 215,000.
- The threshold for supplies and sectoral services and in the fields of defence and security will rise from EUR 428,000 to EUR 431,000.
The thresholds for contracts for social services will remain unchanged, at EUR 750,000 for social services and other specific services procured by classic contracting authorities, and EUR 1,000,000 for social services and other specific services procured by sectoral contracting entities and in the fields of defence and security.
The new thresholds and the new conversion rate should be announced soon by the president of the Public Procurement Office in Monitor Polski. The previous announcement in this matter was published on 11 January 2021.
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Conducting a procedure for award of a contract with a value equal to or higher than the thresholds indicated above not only requires the use of a different site for publication of the contract notice, but also means that the procurement is subject to Book II of the Public Procurement Law. Therefore, the modes of conducting proceedings and formalities related to participation in these proceedings are different.
Anna Prigan, attorney-at-law, Infrastructure, Transport, Public Procurement & PPP practice, Wardyński & Partners
