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

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 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 New York, April 5th 2019

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) 31.000 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

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 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

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. 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

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

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

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

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 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 New York, April 5th 2019

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

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

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