Lawyer: Amending Public Procurement Rules Will Not End Disputes Over Abnormally Low Bids

Poland’s proposed public procurement amendment would remove the 30 percent threshold that currently triggers a mandatory review of an unusually low bid. The threshold does not define an abnormally low price, but signals when the contracting authority must ask a bidder to explain its calculation.

Under the existing system, authorities compare bids with the estimated contract value and the average of all submitted prices. If a bid falls at least 30 percent below the relevant benchmark, the bidder must demonstrate that the price is realistic. Failure to do so can lead to rejection. Authorities may avoid the request only when they can show that the difference resulted from obvious circumstances.

The draft would retain the broader obligation to seek explanations whenever a price appears abnormally low or raises doubts. Contracting authorities would therefore have to decide themselves when a review is necessary. The proposal would also remove a reference to important cost components, narrowing the grounds for challenging understated unit prices in cost-based contracts. It would change the burden of proof in proceedings before Poland’s National Appeals Chamber.

The Public Procurement Office says the reform responds to a growing number of appeals focused on procedure rather than whether a competitor can actually perform the contract. Such appeals can force authorities to repeat the examination and evaluation of bids, including requests for explanations. The office said only about 11 percent of appeals were decided within the statutory 15-day period in 2025. The article warns that prices below real costs can damage public budgets and delay investments if contractors abandon projects, while the removal of a clear warning threshold may not eliminate disputes and could instead shift them to the judgment of individual authorities.