Abstract

Significant interpretational differences have been noted in the current case law with regard to the provision of Art. 24.2.3 of the Public Procurement Act stipulating exclusion of a bidder who has provided untrue information reflecting on the outcome of the competitive bidding procedure. Meanwhile, because of the exceptionally destructive nature of such conduct, especially when a public order has been obtained under false pretences, serious interpretational differences must not be tolerated. After a certain period of hesitations, the restrictive interpretation of the above regulation, stipulating exclusion of a bidder exclusively for wilful deceit of the ordering authority or acting under gross negligence, has taken an upper hand. On the other hand, the uniform interpretation concerning the situation whereby false information provided by a bidder reflects on the outcome of the procedure has been set comparatively quickly. However, with a view to the differences between the Polish regulation of that issue and the requirements of the new Directive 2014/24/EU legislative intervention is required soon.