General overview and national law

Poland

National law(s) original name

Ustawa z 29 stycznia 2004 roku Prawo zamówień publicznych

National law(s) source

http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20040190177/U/D20040177Lj.pdf ENG non-official: https://www.uzp.gov.pl/__data/assets/pdf_file/0019/40177/Public_Procurement_Law_2018_consolidated.pdf

Date (enactment)

29th January 2004

Are there relevant regional/local laws? (yes/no)

NO

Which relevant parts of the procedure, thresholds or publicity are different in these laws?

N/A

Below threshold value (public works)

30.000 EURO

Below threshold value (goods and services)

30.000 EURO

Below threshold value (other - specify)

30.000 EURO

Total amount awarded in the last year in the country (for this one and the next two: if possible. If not, please add the national level amount or similar, the number you can have access to)

2017 - PLN 163.2 billion, 2016 - PLN 107.4 billion

Total amount awarded by local / regional governments

52% of procuring entities were from local level

Total amount awarded in below threshold contracts

In 2017 it was PLN 37,1 bln, 2016 r. – 34,2 bln

Total amount awarded on open tenders (not including below threshold ones)

86.10%

Number of municipalities with more than 500K population

5

Number of municipalities with more than 250K population

11

Number of municipalities with more than 100K population

39

Comments

Data on below the threshold are accessible through annual reports sent by procuring entities to the Public Procurement Office. However not every public entity is publishing individual report on their website.

Hungary

National law(s) original name

Law CXLIII. of 2015 on public procurements

National law(s) source

https://net.jogtar.hu/jogszabaly?docid=A1500143.TV

Date (enactment)

in force since 2015

Are there relevant regional/local laws? (yes/no)

No

Which relevant parts of the procedure, thresholds or publicity are different in these laws?

-

Below threshold value (public works)

25 mio HUF [83k EUR]

Below threshold value (goods and services)

15 mio HUF [50k EUR]

Below threshold value (other - specify)

For concessions: 100 / 30 mio HUF, public services 100/50 mio HUF. Certain rules apply for procurement above 1m HUF. Special rules can be applied

Total amount awarded in the last year in the country (for this one and the next two: if possible. If not, please add the national level amount or similar, the number you can have access to)

3300 bn HUF [10.5 bn EUR] 2018

Total amount awarded by local / regional governments

no: 3315 = 37,62% HUF 326,44 = 8,99%

Total amount awarded in below threshold contracts (how about sending a data request to the treasury or statistical office?)

Total amount awarded on open tenders (not including below threshold ones)

national = 80,6 bn HUF (14,2%)

EU = 2457,2 bn HUF (80%)

Number of municipalities with more than 500K population

1

Number of municipalities with more than 250K population

0

Number of municipalities with more than 100K population

8

Spain

National law(s) original name

Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público, por la que se transponen al ordenamiento jurídico español las Directivas del Parlamento Europeo y del Consejo 2014/23/UE y 2014/24/UE, de 26 de febrero de 2014

National law(s) source

https://www.boe.es/buscar/act.php?id=BOE-A-2017-12902

Other interesting sources

Procurement law easy guide (in Spanish): https://civio.es/quien-cobra-la-obra/guia-basica-de-la-ley-de-contratos-del-sector-publico-para-principiantes/

Date (enactment)

03/09/2018

Are there relevant regional/local laws? (yes/no)

Yes,but only one approved after the new national law. The Navarra region law: https://boe.es/buscar/doc.php?id=BOE-A-2018-6001. There will be new laws in the next months/years

Which relevant parts of the procedure, thresholds or publicity are different in these laws?

They have their own procurement portal and more information mandatory to be published, for example the technical offers evaluation

Below threshold value (public works)

40,000 €

Below threshold value (goods and services)

15,000 €

Below threshold value (other - specify)

50,000 € for investigation contracts

Total amount awarded in the last year in the country (for this one and the next two: if possible. If not, please add the national level amount or similar, the number you can have access to)

24,186,633,036€

Total amount awarded by local / regional governments

4,495,453,507

Total amount awarded in below threshold contracts (how about sending a data request to the treasury or statistical office?)

897,369,828 (they called it “direct”, we need to ask their methodology, but it makes sense these are the numbers for below threshold)

Total amount awarded on open tenders (not including below threshold ones)

18,036,097,135

Number of municipalities with more than 500K population

6

Number of municipalities with more than 250K population

16

Number of municipalities with more than 100K population

63

Comments

About the threshold on investigation: what the law says is, contracts “by public agents of the Spanish System of Science, Technology and Innovation, provided that they are not intended for general services and infrastructure of the contracting authority”.

There is other kind of contract: “caja fija”, something like fixed box. Contracts below 5000€, they don’t need to do a below threshold contract, only a ticket.

Source for population: ine.es

Source for total amounts: public tenders registry (it only has general numbers, data from 1998). The data is for 2017. http://www.hacienda.gob.es/en-GB/Areas%20Tematicas/Contratacion/Junta%20Consultiva%20de%20Contratacion%20Administrativa/Paginas/Registro%20publico%20de%20contratos.aspx 

Romania

National law(s) original name

  • Law 98/2016 on public procurement
  • Law 99/2016 on sectorial procurement
  • Law 100/2016 on works and services concessions
  • Law no. 101/2016 on remedies and appeals concerning the award of public procurement contracts, sectorial contracts and of works concession contracts and service concession contracts, and for the organization and functioning of the National Council for Solving Complaints

National law(s) source

Date (enactment)

Are there relevant regional/local laws? (yes/no)

No

Which relevant parts of the procedure, thresholds or publicity are different in these laws?

n/a

Below threshold value (public works)

24.977.096 lei

Below threshold value (goods and services)

648.288 lei

Below threshold value (other - specify)

994.942 lei for contracts regarding goods and services which are assigned by the Country Council, the Local Council and Bucharest’s General Council and the institutions which are subordinated to them.

Total amount awarded in the last year in the country (for this one and the next two: if possible. If not, please add the national level amount or similar, the number you can have access to)

Approximately 6 billion euro.

Total amount awarded by local / regional governments

Total amount awarded in below threshold contracts (how about sending a data request to the treasury or statistical office?)

2,496,642,440 euro

Total amount awarded on open tenders (not including below threshold ones)

3,583,143,901.20 euro

Number of municipalities with more than 500K population

1 (Bucharest)

Number of municipalities with more than 250K population

12 (Sector 3, Sector 6, Sector 2, Iași, Timișoara, Sector 4, Cluj-Napoca,  Constanța, Craiova, Galați, Sector 5, Brașov)

Number of municipalities with more than 100K population

17