A Warsaw-based IT company submits a competitive tender for a public contract worth EUR 2m. The contracting authority rejects its bid on technical grounds. The company has days – not weeks – to act. Miss the deadline, and the right to challenge the decision is permanently lost.

KIO appeals – proceedings before the Krajowa Izba Odwoławcza (National Appeals Chamber, KIO) – are the primary mechanism for challenging contracting authority decisions in Polish public procurement. The appeal must be filed within 10 days of the challenged decision for EU-threshold contracts, or within 5 days for contracts below EU thresholds. Failure to meet these deadlines forfeits the right to challenge entirely.

This alert sets out who is affected by KIO jurisdiction, how the appeal process works step by step, and what immediate action items apply when a procurement decision goes against you. The rules derive from the Prawo zamówień publicznych (Public Procurement Law, PZP), which governs all public contracts in Poland.

Who can file a KIO appeal – and when does the right arise?

Any contractor, supplier, or service provider with a legal interest in the outcome of a procurement procedure may file an appeal with the KIO. The right arises when the contracting authority takes a decision that affects that party's position – including rejection of a bid, exclusion from the procedure, or selection of a competing offer. The KIO, operating under the supervision of the Urząd Zamówień Publicznych (Public Procurement Office, UZP), handles thousands of cases each year.

Threshold rules determine which deadlines apply. For contracts above EU thresholds – currently EUR 143,000 for supplies and services in the central government sector – the appeal window is 10 days from the date the appellant learned of the decision. Below those thresholds, the window shrinks to 5 days. These are calendar days, not business days. A party that misses the deadline by even one day permanently forfeits its right to challenge before the KIO – there is no mechanism for reinstatement.

The scope of grounds available is broad. Appellants may challenge: unlawful exclusion from the procedure, incorrect evaluation of bids, breach of equal-treatment principles, or failure to apply mandatory procurement rules. The KIO also accepts appeals against the content of tender specifications – but only within 10 days of publication of the specification itself, not the final decision. That distinction catches many appellants off guard.

  • Verify whether the contract value exceeds EU thresholds – this determines your deadline.
  • Identify the exact date you received or could have received the challenged decision.
  • Check whether the specification itself contains unlawful provisions – a separate, earlier deadline applies.
  • Confirm standing: you must demonstrate a legal interest, not merely a commercial preference.

We secured a reversal of a contract award decision worth over PLN 8m for a technology client in the Mazowieckie region (autumn 2025). The appeal was filed within 7 days of the award notice – timing that proved decisive when the KIO examined the contracting authority's evaluation methodology.

How does the KIO appeal process work in practice?

The KIO process moves fast. From filing to hearing, the entire procedure typically concludes within 15 days. That speed is intentional – procurement procedures cannot be held in indefinite suspension. Understanding each stage is essential to preparing an effective challenge.

Filing the appeal triggers an automatic standstill on the procurement procedure. The contracting authority may not conclude the contract while the KIO appeal is pending. This standstill is one of the most valuable protections available – it prevents the authority from signing the contract with a competitor before the challenge is resolved. However, the standstill applies only if the appeal is filed correctly: it must be submitted to the KIO in Warsaw and simultaneously served on the contracting authority on the same day.

The appeal fee is a hard requirement. For contracts above EU thresholds, the fee ranges from PLN 7,500 to PLN 15,000 depending on contract type. For below-threshold contracts, fees are lower – PLN 3,750 to PLN 7,500. An appeal submitted without the correct fee is rejected outright, with no opportunity to correct the deficiency. This is a common and entirely avoidable failure.

At the hearing – typically held within 15 days of filing – both parties present arguments before a three-member KIO panel. The panel may uphold the appeal, dismiss it, or order the contracting authority to repeat specific evaluation steps. If the KIO upholds the appeal, the contracting authority must comply with the ruling immediately. Non-compliance exposes the authority to further proceedings before the Sąd Okręgowy (Regional Court). Parties dissatisfied with the KIO ruling may appeal to the Regional Court within 14 days of receiving the written judgment.

Sanctions compliance considerations can arise in cross-border procurement. Where a contracting authority excludes a bidder citing sanctions-related grounds, the legal basis for that exclusion must be carefully examined. For context on how Polish courts handle cross-border enforcement questions, see our analysis of enforcing a Luxembourg judgment in Poland. Separately, parties involved in public contracts with transfer pricing implications across group structures should review transfer pricing safe harbours under Polish law.

Our team obtained reinstatement of a bidder excluded on procedural grounds for a construction client in Lower Silesia (spring 2026). The KIO found the contracting authority had applied evaluation criteria not disclosed in the original specification – a breach that invalidated the entire award decision.

What must you do immediately after a procurement decision?

Speed is the defining constraint of KIO proceedings. The moment a procurement decision is communicated, the clock starts. There is no grace period, no informal objection mechanism that pauses the deadline, and no discretion for the KIO to accept late filings. Acting within the first 48 hours is not caution – it is necessity.

Three immediate actions apply. First, document the exact date and method by which you received the decision. For electronic procurement platforms – now mandatory for most public contracts in Poland – this means preserving the platform notification record. Second, obtain the full decision text and any evaluation report. The KIO will expect the appeal to identify specific grounds; a vague challenge will be dismissed. Third, calculate your deadline precisely: 10 days for above-threshold contracts, 5 days for below-threshold, from the date of receipt.

The appeal document itself must meet formal requirements set by the PZP. It must identify the appellant, the contracting authority, the specific decision challenged, and the legal grounds for the challenge. It must include a specific request – for example, annulment of the award decision or repetition of the evaluation. Missing any of these elements risks rejection on formal grounds before the KIO even examines the merits.

  • Preserve all platform notifications and email confirmations of the decision.
  • Request the full evaluation report from the contracting authority immediately.
  • Calculate the deadline in calendar days from the date of receipt.
  • Prepare the appeal document with specific legal grounds and a precise request.
  • Pay the correct fee and serve the contracting authority on the same day as filing.

For a full overview of the firm's dispute resolution capabilities in procurement and commercial matters, see our disputes practice in Poland.

Specific situations require tailored assessment. Your company's position in a procurement challenge depends on the exact grounds available, the contract value, and the timeline already elapsed. Waiting to seek advice until the deadline is close – or past – precludes any effective remedy.

If your company has received an adverse procurement decision and the 10-day window is running, contact us immediately. We will assess the grounds, prepare the appeal document, and manage the KIO hearing: info@kordeckipartners.com.

Frequently asked questions

Q: Can a foreign company file a KIO appeal in Poland?

A: Yes. Any contractor with legal standing under the Public Procurement Law may file a KIO appeal, regardless of nationality or country of incorporation. Foreign companies must comply with the same procedural requirements as Polish entities – including the fee payment, simultaneous service on the contracting authority, and the applicable deadline. Representation by a Polish advocate or legal counsel is not mandatory but is strongly advisable given the formal requirements and the speed of proceedings.

Q: What happens if the contracting authority signs the contract before the KIO rules?

A: If the standstill was properly triggered by a timely and correctly filed appeal, the contracting authority is prohibited from signing the contract. A contract signed in breach of the standstill is subject to invalidation proceedings before the Regional Court. However, if the appeal was filed incorrectly – for example, without simultaneous service on the authority – the standstill may not apply, and the contract may be signed validly. This is one of the most irreversible consequences of procedural error in KIO proceedings.

Q: How much does a KIO appeal cost in total, including legal fees?

A: The statutory filing fee ranges from PLN 3,750 to PLN 15,000 depending on contract type and value. Legal representation costs vary based on complexity, the number of hearing sessions, and whether the case proceeds to the Regional Court on further appeal. If the KIO upholds the appeal, the contracting authority is typically ordered to reimburse the appellant's filing fee. Legal fees are not automatically recoverable but may be sought in subsequent proceedings.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to dispute resolution, public procurement appeals, and commercial litigation. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.