Municipal waste sorting facilities operate within the waste management system and are a key component in achieving its goals. The main waste streams sent for sorting are mixed waste and separately collected waste, particularly plastics. These are two streams that differ significantly in terms of physical properties, morphology, process requirements and economic characteristics. In practice, however, their processing, especially in municipal facilities, often takes place on the same sorting line.
The purpose of a municipal waste sorting plant (MWSP) is to process and prepare municipal and packaging waste for further utilization, including the achievement of recycling targets. Therefore, for the construction or modernisation of a sorting plant to be worthwhile, it must fit within the systemic framework and respond to objectively existing needs. The technology itself, however, not only should ensure the effectiveness of sorting processes, but also their efficiency. Meanwhile, market practice reveals two worrying trends. On the one hand, that projects are being launched do not guarantee the required process effectiveness, and on the other, investments with very high capital expenditure which economic justification is questionable. In both cases, it is difficult to speak of an effective use of investment expenditure.
Municipal waste sorting plants under increasing systemic pressure
Municipal waste sorting plants currently operate in Poland under conditions of high pressure and significant environmental volatility. These include:
- increasing quality and environmental requirements resulting from waste management targets,
- the implementation of a deposit-refund system, which removes the most valuable fractions (including PET and aluminium) from the waste stream,
- changes in the morphological structure of waste,
- cost pressures (rising wages, energy costs, costs of managing combustible fractions and environmental charges),
- instability in secondary raw material markets, including falling prices for raw materials and recycling certificates (DPRs),
- the lack of an implemented Extended Producer Responsibility (EPR) scheme, which stabilises the market and supports rational investment – as is the case, for example, in the Czech model,
- increasing price-based market competition.
Under such conditions, the future of MWSP is determined not only by technological aspects related to the effectiveness of waste processing, but also, to an increasing extent, by economic factors. The conditions outlined above affect both the day-to-day operation of the sorting plant and should be considered at the investment planning stage.
Preliminary market consultations – a tool with untapped potential
In the public sector, preliminary market consultations (PMCs) are an important tool for preparing investments and tender procedures. Their potential is highlighted by the Public Procurement Office (PPO) in Poland. The Office points out that PMCs are a key means of gathering information about the subject matter of the contract. By conducting them, the contracting authority can identify the latest technological, economic and organisational solutions related to the preparation of the tender procedure. Contractors, in turn, can present available solutions and gain a better understanding of the contracting authority’s needs1. The aim of PMCs is therefore to enable the contracting authority to apply solutions appropriate to its needs. The purpose of such consultations is for the investor to acquire knowledge which it does not possess itself, and which is essential for the proper preparation of the investment. Preliminary market consultations thus reduce the information asymmetry between the contracting authority and the technology market.
In its commentary on the model regulations for conducting PMCs, the Polish Public Procurement Office highlights a key aspect – the efficiency of public procurement. It emphasises that PMCs can help achieve the best results from a given contract and secure a contract subject matter appropriate to the contracting authority’s needs and financial capabilities2. It should be noted, however, that PMCs remain a relatively rarely used instrument. As pointed out by Daniel Reck, according to the report by the President of the Public Procurement Office in Poland, in 2024 only 727 contract notices – representing 0.56% of all notices – indicated that the contracting authority had conducted preliminary market consultations. This is a surprisingly low figure, given the potential of this tool3.
A separate article has been devoted to the preliminary market consultation procedure, entitled ‘Modernisation of municipal waste sorting plants – how to prepare for it? The role of preliminary market consultations’3. It discusses how to prepare substantively for the modernisation of a sorting plant, how to define the directions of modernisation so that they correspond to the actual needs of the waste management system, and how and to what extent dialogue can take place between the contracting authority (public entity) and the contractor.
PMCs in the construction and modernisation of sorting plants
The fact that PMCs are relatively rarely used does not mean that their mere implementation determines the quality of investment preparation. MPCs can indeed serve as a practical diagnostic tool, considering the operating conditions of the waste management system and the preparation and optimisation of the project. However, they may also become merely a formal stage preceding the tender, without any significant impact on the final shape of the project.
Further analysis is based on experience gained from participation in PMC processes and on a review of thirty cases of preliminary market consultations conducted in Poland between 2021 and 2025 in the field of the construction and modernisation of municipal waste sorting facilities. This allows us to move beyond purely theoretical considerations.
The analysis was qualitative in nature, based on a comparison of the scope of the consultations, their incorporation into the tender documentation, and the identification of the dominant thematic themes.
The aim of this article is to present selected observations and conclusions arising from this analysis. It therefore addresses the following questions. What models of PMC can be identified in practice? Which aspects – technological, organisational or economic – dominate in consultations? What determines the quality of investment preparation? Which issues should be particularly emphasised in PMC in the context of increasing regulatory and market volatility?
Structure of investments in municipal waste sorting facilities and models for the use of PMC (2021–2025)
The analysis covered 30 cases of preliminary market consultations conducted in Poland between 2021 and 2025 regarding the construction and modernisation of municipal waste sorting facilities. Around 60% of these concerned the construction of new facilities. This group was dominated by projects involving the processing of all municipal waste streams intended for sorting. In some cases, facilities were planned exclusively for mixed waste or exclusively for separately collected waste. This indicates a clear trend: alongside multi-purpose sorting plants, specialised solutions designed for a specific waste stream are emerging.
The remaining approx. 40% of the cases analysed concerned the modernisation of existing facilities. The aim of these projects was most often to increase the functionality and improve the effectiveness of the sorting plants.
Preliminary market consultations were generally conducted in two models. In the first case, PMCs served to identify the project at an early stage of investment preparation. In the second, they constituted a direct element of preparing the tender procedure and clarifying the subject of the contract.
The predominance of the technological approach
Preliminary market consultations conducted between 2021 and 2025 regarding the construction and modernisation of sorting plants in Poland were primarily of a technological nature. Attention focused on process solutions – the waste flow layout, equipment configuration, line functions and operational experience related to their use. Organisational issues, such as the investment implementation schedule and the sequence of implementation stages, were also significant.
Significantly less attention, however, was paid to systemic and economic conditions, which in the cases analysed were of a secondary nature. These were limited to determining capital expenditure or the long-term operation of the facilities. This does not mean, however, that economic or systemic issues were completely overlooked by the contracting authorities during the investment preparation process, which extends beyond the scope of the PMC. Among the cases analysed, there were also examples where a coherent vision for the project was lacking, or where the PMCs were primarily procedural in nature, with limited influence on the final form of the investment.
Two key conclusions emerge from the analysis. Firstly, a clear shift has taken place in sorting plant construction and modernisation: officially announced preliminary market consultations are no longer the exception and are becoming an increasingly common practice in investment preparation. Secondly, the potential offered by this tool remains underused.
Substantive preparation as a key factor in the quality of PMC
The strongest differentiating factor among the analysed PMC cases turned out to be the level of substantive preparation by the contracting authority. In situations where:
- their own operational experience and staff involvement were utilised,
- the investment objectives were clearly defined,
- an analysis of waste streams and systemic conditions was carried out,
preliminary market consultations were significantly more likely to result in higher-quality investment preparation and greater consistency in the subsequent tender documentation.
The client’s team played a decisive role in this process. Their experience, knowledge of technological processes, awareness of economic conditions and analytical approach were all crucial. Drawing on their own operational experience enables them to formulate investment objectives in a way that is realistic and tailored to the specific characteristics of the plant. This approach helps maintain control over the direction of the investment and reduces the risk of making decisions that are not suited to the actual needs of the facility.
Waste streams as the foundation for the construction or modernisation of municipal waste sorting plants
Only in a small proportion of the analysed cases of preliminary market consultations did the contracting authorities have access to an in-depth and up-to-date analysis of waste streams and waste composition. In most preliminary market consultations, references to waste streams were general or fragmentary, and in some cases were entirely absent. Given the current operating conditions of sorting plants, the challenges faced and the changes taking place, this constitutes a significant gap in investment preparation, which is becoming increasingly important for the investment’s effectiveness.
The analysis of waste streams and their structure should be treated as one of the key elements in the preparation of the construction or modernisation of a sorting plant. It involves identifying the types of waste streams, their volume, variability over time and morphological composition. It is equally important to consider seasonality and the impact of regulatory factors, such as the implementation of a deposit-refund system or the proposed extended producer responsibility (EPR) system.
The importance of this analysis will grow in the coming years – both due to dynamic systemic changes and the diversity of local operating conditions for individual facilities. The lack of up-to-date studies on waste streams means that facilities are designed under conditions of uncertainty regarding input data. This, in turn, means that investment decisions are made with an increased level of technological and economic risk.
Municipal waste sorting plants – technology as a tool for achieving goals
The level of technological preparation and the commitment of the client team directly influence the first stage of the PMC – the diagnosis of the current state and the definition of investment objectives. It is worth noting that preliminary market consultations should not begin with the question: “what equipment should be used?”, but rather with answers to three fundamental questions. These are as follows: what problem is to be solved? What are the actual quantitative and qualitative needs? What goals is the investment intended to achieve?
Without such an assessment, consultations easily boil down to a review of available technologies or equipment catalogues. Meanwhile, the aim of the PMC is not to present solutions, but to select them and tailor them to the clearly defined needs and objectives of the project.
In the cases analysed, most contracting authorities were able to indicate the direction of the investment and often also to specify their objectives. However, defining the parameters of these objectives is of key importance. Without this, it is difficult to assess whether the investment achieves the intended objectives.
Technological solutions are secondary to needs and objectives. Technology is a tool for achieving specific results – in accordance with the principle of the effective and purposeful expenditure of public funds (cf. Article 44(3)(1)(b) of the Polish Public Finance Act). The appropriate solution is one which, under the given conditions, best addresses the identified problems and enables the intended outcomes to be achieved. This also means that not every technological solution is suitable in every situation.
The principle of efficiency in public procurement
The contracting authority may independently prepare the technical aspects, carry out a process analysis and define needs and objectives. However, in most cases, it is unable to identify and verify applicable technology. This situation gives rise to the need for dialogue with contractors3. In turn, without knowledge of available technological solutions, it is not possible to carry out a full and reliable assessment of the planned investment. The dimensions of such an assessment should be:
- technological effectiveness – broadly understood as the optimal selection of technological solutions that meet the needs and enable the achievement of the investment’s objectives,
- project efficiency – understood as achieving the best results for a given level of expenditure (see Article 44(3)(1) of the Public Finance Act).
Therefore, economic analyses are a key element of investment preparation, covering the evaluation of alternative investment solutions and an assessment of the project’s sensitivity to changes in assumptions. The aim of these analyses is to develop a coherent and realistic business model for the operation of the facility.
In the context of changing market conditions and regulatory uncertainty (including regarding the EPR), a key element of such a model should be the flexibility of the sorting plant – understood as the ability to adapt operationally to changing operating conditions.
The lack of a developed economic component constitutes the second most significant gap identified in the analysis of the PMC cases in question. This situation may stem from adopting a reactive stance rather than a long-term strategic approach. Meanwhile, it is precisely the economic conditions that determine the sustainability of the system. The economic dimension lays the foundations for the plant’s operation. Technology, on the other hand, without economic analysis, does not guarantee efficiency. Viewed from this perspective, PMC can form part not only of plant design but also of the waste management system on a regional scale.
From consultation to tender documentation
An analysis of thirty cases of preliminary market consultations points to yet another significant correlation. A high level of substantive preparation on the part of the contracting authority, a clear definition of needs and objectives – considering changing systemic and market conditions – as well as a genuine dialogue during the PMC, significantly increase the likelihood of the investment’s success. However, this is conditional upon translating the conclusions from the consultations into the tender documentation.
If the solutions, parameters and assumptions developed during the pre-tender consultation are not reflected in the documentation for the subsequent contract, the consultation loses its fundamental purpose and becomes a purely formal stage, having no real impact on the shape of the municipal waste sorting plant investment.
The key question in this regard is: will the PMC be treated in each case as a tool for building a durable and efficient facility, or merely as a procedural step preceding the tender?
The significance of PMC for the quality of investments in municipal waste sorting facilities
An analysis of thirty cases of preliminary market consultations conducted between 2021 and 2025 shows that PMCs are becoming an increasingly common tool for preparing investments in the municipal waste sorting sector. At the same time, their potential is not yet being fully utilised. This is because the prevailing technological approach does not always go hand in hand with an in-depth analysis of waste streams, systemic conditions and the economics of the project.
It is not the mere conduct of PMC that determines the quality of an investment, but the way they are utilised. Where consultations form part of a conscious process of identifying needs, defining goals and selecting appropriate technological solutions, they become a genuine instrument for mitigating investment risk and a tool for ensuring investment efficiency. Otherwise, they remain merely a procedural stage, having no significant impact on the resulting installation.
Sources:
- Preliminary market consultations – model documents, https://www.gov.pl/web/uzp/dokumenty-wzorcowe–wstepne-konsultacje-rynkowe, accessed: 03.03.2026.
- Regulations on the conduct of preliminary market consultations, https://www.gov.pl/web/uzp/dokumenty-wzorcowe–wstepne-konsultacje-rynkowe, accessed: 03.03.2026.
- M. Klimek, Modernisation of municipal waste sorting plants – how to prepare for it? The role of preliminary market consultations, Modernisation of Municipal Waste Sorting Plants – How to Prepare It? The Role of Preliminary Market Consultations – wastetoeconomy.com, accessed: 03.03.2026.
Legal Comments
Anna Specht-Schampera, Legal Adviser and Partner at the law firm SDZLEGAL Schindhelm. Head of the Public Procurement and Waste Management team:
As stated in the explanatory memorandum to the Act of 11 September 2019 – Public Procurement Law (hereinafter referred to as the PPL), “the proper preparation of a procurement procedure requires an understanding of the market and the solutions available therein, and in many cases also direct consultation by the contracting authority with market participants representing the relevant sector.” On this basis, Article 84 of the Pzp introduced the institution of preliminary market consultations, which allows contracting authorities to conduct consultations in order to prepare the procedure and inform contractors of their plans and requirements regarding the contract. As provided for in Article 84(3) of the Public Procurement Law, when conducting market consultations, the contracting authority may, in particular, seek advice from experts, public authorities or contractors. The range of entities with whom the contracting authority may consult is open-ended. Importantly, it is up to the contracting authority to decide how and when the information obtained during the consultations will be used. The second sentence of Article 84(3) of the Public Procurement Law provides that such advice may be used in the planning, preparation or conduct of the procurement procedure.
As can be seen, the preliminary market consultation procedure under the Public Procurement Law is flexible and informal, provided that it does not distort competition or breach the principles of equal treatment of contractors and transparency. For these reasons, this mechanism is extremely useful for contracting authorities, particularly in the case of complex contracts where it is difficult for the contracting authority to prepare the procedure using its own resources, including identifying existing market solutions, in the field of waste treatment, in order to obtain the best available and most effective technology for the contracting authority in question. However, this institution is still rarely used in Poland. This is difficult to understand.
One can only hope that contracting authorities will finally realise that preliminary market consultations are an excellent tool designed to help them clarify their own needs regarding the planned public procurement procedure.
Daniel Reck, Managing Partner at Duraj Reck i Partnerzy:
Preliminary market consultations, although explicitly provided for in the Public Procurement Law, are not subject to any specific requirements. The manner in which the consultations are conducted is left to the contracting authority – it is the contracting authority that decides with whom they will be held, what they will cover and how long they will last. This is not a separate procurement procedure, but a tool for preparing the tender.
Their primary aim is to gather information from the market even before the tender is announced. Simply put, the contracting authority may ask potential contractors about available technological solutions, implementation models or realistic costs. This knowledge is then used to shape the description of the contract subject, technical requirements and contract terms. As a result, there is a greater chance that the contract will meet the contracting authority’s actual needs, and public funds will be spent more effectively.
Despite these advantages, preliminary market consultations are still used relatively rarely in Poland. Many contracting authorities prefer to launch a tender procedure based on their own knowledge, and to correct any shortcomings in the description of the subject matter of the contract only during the course of the procedure. This often stems from a fear of allegations of unequal treatment of contractors.
However, these fears are largely unfounded. The risk can be effectively mitigated by maintaining transparency – in particular, by ensuring that all potential contractors have access to the same information and by extending the deadline for submitting tenders accordingly. In sectors requiring specialist technological knowledge – such as the waste sorting sector – preliminary market consultations can be particularly valuable. They allow the contracting authority to understand the market’s capabilities and avoid a situation where the tender describes solutions that are already outdated or unsuited to actual needs. As a result, the contracting authority can commission a ‘tailor-made’ solution.
