Prawo Zamówień Publicznych

no. 4/2015

Grounds for rejecting an offer in the light of EU laws

Piotr Bogdanowicz
jest doktorem nauk prawnych, adiunktem na Wydziale Prawa i Administracji Uniwersytetu Warszawskiego
Abstract

The article is aimed at evaluating the grounds for rejecting an offer specified in the Polish Public Procurement Act (including planned amendments) in the light of the regulations and principles of the EU law. The analysis has been focused primarily on the comparison of the grounds for rejecting an offer if it does not comply with the tender provisions or the Public Procurement Act or when the offered price is abnormally low. The assessment leads to the conclusion that the provisions of the PPA (and the amended PPA when it becomes effective) comply with the EU law. At the same time, it is worth remembering that in the situation whereby rejection of an offer is not specifically regulated in the EU law, when analysing and evaluating offers the contracting authorities should also consider CJEU caselaw.