Poland’s public procurement law undergoes major reforms from March 2026, introducing remote KIO hearings and strict evidence rules.
Increased Thresholds and New EU Standards
Revised Public Procurement Act increases the threshold for public contracts to 170,000 PLN from January 1, 2026, up by 40,000 PLN from the previous year. The changes also introduce new EU thresholds and a revised euro exchange rate.
The fundamental changes come from a June 12, 2025 amendment to the Public Procurement Act, enacted under Article 28 of the May 21, 2025 Deregulation Act. The revised provisions will take effect nine months after the law’s announcement, on March 13, 2026.
Ministry of Development and Technology: Speed and Digitalization
The Ministry of Development and Technology authored the changes, emphasizing the elimination of administrative barriers and acceleration of appeal procedures as strategic priorities, especially amid implementation of major investments from the National Recovery Plan.
The ministry stated that the previous model, where substantive disputes often occurred only in court, generated unnecessary delays and hindered rapid verdicts. Digitalization of proceedings before the National Chamber of Appeals, including remote hearings, reduces logistics costs and increases access to legal protection regardless of geographical location.
Proceedings Before the National Chamber of Appeals: Remote Hearings
The most visible change is the introduction of remote hearings and meetings. New Article 508a of the Public Procurement Act allows parties, representatives, and participants to connect remotely while the adjudicating panel and court reporter remain physically present in the hearing room.
Legal experts note this is a rational evolution rather than revolution. In practice, particularly for contracting authorities from local government units, healthcare entities, and universities, remote participation will significantly reduce travel costs to Warsaw and enable more efficient time use.
Key Change: Evidence Preclusion Rules
One of the most important elements of the amendment is the introduction of evidence preclusion. Parties and participants will be required to present evidence at very early stages – in the appeal, response to appeal, or application to join. The latest possible time will be in a document submitted by the day before the hearing or session.
Presenting evidence after the hearing opens will become exceptional, only permitted in extraordinary circumstances when obtaining evidence earlier was impossible or the need to present it arose during proceedings. This marks the end of “supplementing the case during the hearing” and signals that proceedings before KIO should be efficient, concise, and based on material presented in advance.
New Public Procurement Law: Mandatory Response to Appeals
The amendment also introduces an obligation to respond to appeals within a deadline set by the President of KIO, no shorter than five days. This response must contain a full substantive position along with allegations and evidence. Similar obligations will apply to contractors applying to join proceedings.
Legal experts emphasize this is a fundamental change that will permanently end the practice of submitting extensive, substantive positions – often containing new arguments and evidence – only during hearings. This will ensure procedural equality between parties.
New Formalism
Amended Article 535 of the Public Procurement Act precisely defines the deadline for submitting evidence – generally no later than the day before the hearing. Exceptions are strictly defined, and practitioners note their application will depend on KIO’s case law.
This solution is seen as a step toward professionalizing proceedings. Organizing when evidence is presented increases predictability, enables real preparation for defending positions, and limits tactical “surprises” to opposing parties.
What Changes Mean for SMEs
From the perspective of small and medium-sized enterprises, the amendment is assessed rather positively. On one hand, it increases accessibility to appeal proceedings, and the ability to participate in hearings without physical presence in Warsaw realistically reduces costs and logistical barriers.
On the other hand, the new regulations raise the professionalism threshold. SMEs will need to more quickly compile evidence, precisely formulate objections, and strictly adhere to deadlines.
More Order, Less Tactics
Experts agree that the amendment does so much deregulate as it orders the procedure. It brings more responsibility and less procedural tactics, requiring legal representatives to prepare cases even more carefully at the written stage.
If the application of new regulations is consistent, from March 2026, appeal proceedings before KIO may become less procedurally surprising and more substantive. In the realities of the public procurement market, this is fundamentally important.