Abstract

The submission to the Ordering Party, in the course of the public procurement procedure, of a document obtained from the Guarantor prolonging the validity period of the tendering security (factual act) also results in the implied declaration of will being made by the Contractor as regards approving extension of the tender validity period (Art. 60 of the Civil Code). The respective conduct of the Contractor indisputably demonstrates their will to continue their participation in the tender procedure. The opposite opinion, expressed in the commented judgment, unjustifiably eliminates potential contractors, which is unfavourable to the public procurement system.