Abstract

The eligibility criteria for public contract tenderers are set by the contracting entity in the general terms and conditions without discrimination and in a way ensuring fair competition, as well as in proportion to the specificity of the object of procurement. Those conditions shall guarantee actual capability of the contractor to execute the contract properly, and concern, in particular, their knowledge and experience, human, technical and organizational resources, as well as economic and financial condition. They have a cutting off effect, which means that each contractor failing to meet them is excluded from the procedure. The chief aim is to award the contract to the contractor who is truly capable of its punctual and proper execution. Hence, when formulating those conditions not only general statutory restrictions need to be observed, but first of all the eligibility criteria should be customised to the individual circumstances of contract execution. This requires knowledge of the prerequisites guaranteeing actual implementation of the contracted performance, especially any potential threats. However, the above conditions have merely a preventive effect since they do not exclude the need to exercise effective supervision over contract execution.