A Polish contracting authority issues a tender decision that excludes your company from the running. The deadline to challenge it is measured in days – not weeks. Miss it, and the contract award becomes final. There is no second chance to reopen the procedure.

Appeals before the Krajowa Izba Odwoławcza (National Appeals Chamber, KIO) are the primary remedy for contractors challenging unlawful decisions in Polish public procurement. An appeal must be filed within 10 days of the contested decision for procurements above EU thresholds, or within 5 days for below-threshold contracts. Failure to meet these deadlines forfeits the right to challenge the decision entirely.

This alert covers the KIO appeal process from filing to hearing, the deadlines that govern each stage, and the immediate steps any contractor should take when a procurement decision goes against them. It also flags recent procedural developments that affect how appeals are handled in 2026.

What triggers the right to file a KIO appeal?

The right to appeal arises when a contracting authority takes a decision that violates the Prawo zamówień publicznych (Public Procurement Law, PZP). Common triggers include unlawful exclusion of a contractor, rejection of an offer, selection of an offer that does not conform to tender specifications, or failure to disqualify a competitor who should have been excluded. Each of these decisions opens a 10-day window – or 5-day window for lower-value contracts – from the moment the contractor receives or becomes aware of the decision.

The KIO has jurisdiction over procurements above the EU thresholds set by the European Commission. For public works, the current threshold is EUR 5,382,000. For supplies and services procured by central government bodies, it is EUR 140,000; for other contracting authorities, EUR 215,000. Below these figures, a simplified appeal path applies, with shorter deadlines and a narrower scope of review. The National Court Register (KRS) and the Public Procurement Office (UZP) publish updated threshold values whenever the Commission revises them.

One practical point: the appeal deadline runs from the date of transmission of the decision, not from the date the contractor reads it. Contractors who delay reviewing procurement portal notifications have lost appeals on this point alone. Set up automatic alerts on the e-procurement platform the moment a decision is expected.

  • Unlawful exclusion from the procedure
  • Rejection of a compliant offer
  • Selection of a non-conforming offer
  • Failure to exclude a competitor who should have been disqualified
  • Specification terms that restrict competition unlawfully

How does the KIO hearing process work?

Once an appeal is filed with the KIO, the contracting authority has 3 working days to transmit copies to all other participants in the procedure. Those participants may then join the proceedings as either supporters or opponents of the appeal within 3 days of receiving the copy. The KIO schedules a hearing within 15 days of the appeal being filed. This timetable is tight. Evidence, arguments, and procedural motions must be prepared before the hearing date is even confirmed.

We secured a reversal of a procurement exclusion for a construction contractor in the Mazowieckie region (autumn 2025), where the contracting authority had applied evaluation criteria not included in the original tender documentation. The KIO ordered the authority to repeat the evaluation within 7 days of the ruling. Speed of preparation was decisive – the hearing took place 12 days after filing.

The KIO panel – typically one or three adjudicators, depending on the complexity of the case – issues a ruling at the close of the hearing or within 3 days thereafter. The ruling is immediately enforceable. If the KIO upholds the appeal, it may annul the contested decision, order the contracting authority to repeat a specific procedural step, or, in limited circumstances, order the contract award itself to be set aside. A ruling that dismisses the appeal closes the administrative remedy path. The only further recourse is a complaint to the district court (sąd okręgowy), filed within 15 days of the KIO ruling.

For contractors involved in cross-border procurement or disputes with international dimensions, the procedural framework intersects with broader dispute resolution practice in Poland, including enforcement of foreign judgments and arbitration clauses in public contracts.

What immediate steps protect your position after an adverse decision?

Time is the central variable. The 10-day deadline (or 5-day deadline for below-threshold contracts) begins running from the moment of notification. That leaves very little room for internal escalation, legal review, and drafting before the appeal must be filed. Acting within the first 24 hours after receiving an adverse decision is not overcaution – it is the minimum required.

Our team obtained interim suspension of a contract award for a technology supplier in Lower Silesia (spring 2026), preventing the contracting authority from signing the contract while the KIO appeal was pending. The suspension application was filed simultaneously with the appeal. Without it, the contract would have been executed before the hearing date, rendering the appeal largely academic.

The appeal filing fee is fixed by statute and depends on contract value. For supply and service contracts above EU thresholds, the fee is PLN 15,000. For works contracts, it rises to PLN 20,000. These amounts are non-refundable if the appeal is dismissed. If the appeal succeeds, the contracting authority bears the costs. Budgeting for this at the outset – rather than after a decision is made to proceed – avoids delays caused by internal approval processes.

Contractors dealing with sanctions compliance issues or operating under restricted procurement regimes should also review whether the disputed contract falls within any regulated sector. The Polish Financial Supervision Authority (KNF) and sector-specific regulators may impose additional procedural requirements that affect the appeal strategy. For entities structured as foreign investors, the choice of legal vehicle matters too – see the sp. z o.o. vs SA decision matrix for context on how corporate structure interacts with procurement standing.

What to prepare before filing a KIO appeal:

  • Copy of the contested decision with the exact transmission timestamp
  • Full tender documentation, including all amendments and clarifications
  • Evidence supporting the ground of appeal (correspondence, technical documents)
  • Proof of payment of the filing fee (PLN 15,000 or PLN 20,000)
  • A simultaneous application for suspension of the contract award, if signing is imminent

Contractors with experience in arbitration in Poland or commercial litigation in Warsaw will recognise the compressed procedural rhythm of KIO proceedings. The KIO does not grant extensions. Every day of preparation before the deadline is a day that cannot be recovered once the window closes.

For Cyprus-registered companies or other foreign entities active in Polish public procurement, the procedural rules apply identically – but the practical challenges of coordinating evidence and instructions across jurisdictions make early engagement with a dispute lawyer essential. The dispute resolution guide for Cyprus companies in Poland addresses these cross-border considerations directly.

An adverse procurement decision does not have to be the end of the process. But the right to challenge it expires fast, and the consequences of missing the deadline are irreversible.

To discuss how a KIO appeal applies to your specific procurement situation, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can a contractor appeal a tender specification before the submission deadline?

A: Yes. Under Polish public procurement law, a contractor may challenge unlawful specification terms before the offer submission deadline. The appeal deadline in this case runs from the date the specification was published or the date the contractor became aware of the unlawful term. Acting early – before the submission deadline – preserves the right to participate in the procedure while the appeal is pending.

Q: How long does a KIO appeal typically take from filing to ruling?

A: The KIO must schedule a hearing within 15 days of receiving the appeal. The ruling is issued at the hearing or within 3 days thereafter. In practice, most appeals are resolved within 18 to 22 days of filing. This is significantly faster than ordinary court proceedings, which is why the KIO remedy is the primary route for contractors who need a decision before the contract is signed.

Q: Is the KIO filing fee refunded if the appeal succeeds?

A: If the KIO upholds the appeal, the contracting authority is ordered to reimburse the filing fee and, in some cases, the reasonable costs of legal representation. If the appeal is dismissed or withdrawn, the fee is forfeited. There is a common misconception that the fee is always recoverable – it is not. Contractors should treat it as a sunk cost when deciding whether to proceed, and factor it into the overall cost-benefit analysis of the appeal.

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 public procurement appeals, commercial litigation, and arbitration in Poland. 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.