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Prawo Zamówień Publicznych

no. 2/2015

The problem of verifying business credibility of a third party subordinate to a contractor applying for a public procurement contract

Mariusz Andrzejewski
jest doktorem habilitowanym, profesorem nadzwyczajnym w Uniwersytecie Ekonomicznym w Krakowie
Tomasz Maślanka
jest doktorem, adiunktem w Katedrze Finansów Przedsiębiorstw w Uniwersytecie Ekonomicznym w Krakowie
Anna Mroczek
jest członkiem zarządu, dyrektorem ds. finansowych w ZUE SA
Bartosz Gołębiowski
jest doktorem habilitowanym, profesorem nadzwyczajnym w Uniwersytecie Ekonomicznym w Krakowie
Abstract

An analysis of legal regulations concerning joint and several liability of third parties (sub-contractors) reveals that those issues are not sufficiently defined nowadays and they do not include e.g. legal capacity and the scope of activities of the parties to a contract for the provision of services in the public procurement area. The authors propose relevant solutions which, according to them, could greatly improve those issues from the viewpoint of practical needs in the public procurement market.

It is difficult to develop a model which with a high degree of probability would allow to make an evaluation of business credibility of a third party subordinate of a contractor applying for a public procurement contract. One of the difficulties is access to the financial data of business entities which are not obliged to publish financial statements, even simplified ones. However, development of a business model which will allow to classify potential sub-contractors with respect to their business credibility will not make contractors refuse offers from firms struggling with financial liquidity problems or even economically bankrupt. The article outlines the relations of selected economic indicators of microenterprises as compared with the indicators for all enterprises operating in construction industry. The results obtained allow for a statement that the financial standing of microenterprises operating in construction industry is different in relation to the indicators for all firms operating in construction industry.

An analysis concerning effectiveness of bankruptcy prediction for microenterprises operating in construction industry an unexpected result was obtained as it was the debt ratio rather than the current liquidity ratio turned out to be most effective in that respect. Those results should be treated as preliminary and their potential generalization requires more comprehensive research which will be carried out under further studies. The article also point out the issue of using bank guarantees, examining covenants, and using escrow accounts by members of consortia.