Abstract

The article criticises the publication concerning admissibility of depositing a bid bond in electronic form under the PPL. The primary objective is to provide an analysis of the purpose and nature of bid bond in public procurement proceedings, as well as to challenge the recognition of bid bond as a condition for participation. The article also addresses legal provisions governing the electronic form of bid bond and the requirements for its proper establishment and depositing with the contracting authority. The conclusions drawn from the jurisdiction of the National Appeals Chamber emphasize that, in case of the non-monetary form of bid bond, in order to meet the requirements of Art. 97.10 of the PPL, it is necessary to establish the bid bond in electronic form, with the signature of the person authorized to issue the bid bond. Only when all these elements are complied with can the bid bond be considered duly deposited.