Abstract

In connection with an increased practical interest in non-price criteria for selection of the most favourable bid, forced out by the latest amendment to the Public Procurement Act (of August 2014), there is a need to consider the limits for permissible application of specific criteria aimed at stricter contractor’s liability with respect to the statutory regime or dictated by the standards of the current practice. In particular, this concerns stricter liability under the statutory warranty for defects of performance in re by lengthening the period in which the defects may be reported or strengthening the rights of the contracting entity or stricter terms of performance quality assurance as compared with the standard terms proposed initially by the contracting entity. Also the criterion in the form of a harsher contractual penalty in relation to the one initially proposed by the contracting entity in the original terms of contract may be practically useful, although it may not be grossly exaggerated subject to possible alleviation.