Abstract

Effective verification that the conditions declared by the contractors, especially their technical, organizational and economic potential, have been fulfilled has a direct impact on performance guarantees. Qualification/verification of contractors before evaluation of tenders is difficult in relation to contractors jointly applying for a contract, as well as a contractor declaring third party support, in particular subcontractors, since the obvious principle that a contractor referring to the potential of a third party must fully retain their credibility should not be compromised. The statutory principles are more precisely specified by the doctrine and the case law. Apart from valuating difficulties, documentation shortcoming are additionally revealed in practice. To overcome them it is not only necessary to disseminate the achievements of the doctrine and the case law, but also good practice and to make the applicable laws more precise.