Prawo Zamówień Publicznych

no. 1/2014

Non-price bid evaluation criteria in current practice

Izabela Rzepkowska
jest doktorem Katolickiego Uniwersytetu Lubelskiego Jana Pawła II, Naczelnikiem Wydziału Analiz Orzecznictwa w Departamencie Prawnym Urzędu Zamówień Publicznych
Abstract

The paper present practical application of the following criteria: time of execution of contract, additional guarantee, as well as the quality criterion. Also the possible consequences of using a second price criterion besides the price have been discussed.

The authoress analyses the reasons for non-application of other than the price bid evaluation criteria by the contracting authorities, indicating inter alia absence of good models in applying non-price bid evaluation criteria, contracting authorities fearing that the selection or description of criteria will be questioned by the authorities examining the correctness of public expenditure.

In conclusion it was shown that non-price bid evaluation criteria, although very meaningful for attaining the objective of selecting the most advantageous bid, in themselves do not constitute a guarantee of such selection. Of primary importance is the correct description of the object of the contract; equally important is the description of how the conditions for participation in the proceedings are to be assessed and the provisions of the prospective contract. Only those four elements, correctly structured, should lead to the selection of the most advantageous offer to be executed by the contractor who warrants proper performance of the contract.