Abstract

Contractor’s expertise and experience are an indispensable element of his credibility. This paper presents the rules of describing the condition for participating in the proceedings favouring selection of a contractor having expertise and experience sufficient for the correct performance of the contract arising from the interpretation of the provisions of the Public Procurement Law and case law. The authoress presents the complex issue of showing fulfilment of the condition for participating in the proceedings by referring to the expertise and experience of another entity. The publication also discusses problems relating to joint showing of the expertise and experience by syndicated bidders. Also the case law concerning recent changes introduced to the provisions of the Public Procurement Law relative to appraising contractor’s expertise and experience with the application additional criteria, such as inter alia reliability and effectiveness, has been discussed.

The dilemmas of jurisdiction arising in connection with interpreting the provisions of the Public Procurement Law as regards the expertise and experience constitute grounds for a critical evaluation of the current state of the law and formulation of de lege ferenda postulates.