Abstract

Since the application of the exclusive price criterion was banned in public procurement law, the criterion of contract performance deadline has rapidly become very popular. According to the latest statistics of the Public Procurement Authority Polish contracting entities use it in almost every third public procurement proceedings below the thresholds for application of the EU public procurement directives. However, not in every case the application of the contract performance deadline criterion is justified. It should be used only when speeding up of contract performance brings about any business benefit for the contracting entity or it is required by social or economic interest. Rational application of that criterion is not simple. It should remain in optimum relationship to the price criterion and the amount of future contractual penalties. Of fundamental importance is the criterion valuation basing on cost estimates for the shorter performance period. Its use also involves setting of contractual penalties for a delay in contract performance as an equivalent of a possible increase of the price by the amount which would correspond with the shortening of the performance period plus an additional amount of a preventive nature.