Abstract

In certain public procurement procedures the contracting entity carries out initial selection of contractors having reserved in advance in the announcement the number of contractors to be invited to tender. However, contractors are selected before invitation to tender only when the number of contractors meeting the requirements of the procedure is greater than the number specified in the announcement; otherwise, all are invited. The legislator has obliged the contracting entity to set the selection criteria objectively and without discrimination. This means it is possible that the contracting entities adopt such selection criteria which would differ from the requirements to meet the tendering conditions in a higher (better) degree. This requires that the selection phase be separated from the assessment phase. The practice of awarding of contracts under the restricted tender, negotiations with publication and competitive dialogue procedures is still dominated by the selection criteria based on grading the fulfilment of selected tender conditions. The laconic legal regulation of that issue in the public procurement law makes it necessary that many arising doubts be resolved by the doctrine and case law.