Abstract

The construction licence authorizes to perform specific operations, whereas its scope is directly specified in the awarding decision. Therefore, the condition for participation in the proceedings with respect to the abilities of the people who will be implementing the order concerning construction licence requires in its description as well as the manner of assessment compliance not only with the currently applicable but also intertemporal regulations. However, there are many difficulties, doubts and misunderstandings that arise in practice. Meanwhile, a sanction for failing to fulfil this type of requirement is exclusion of the contractor from competing for a public contract. That is why, in the context of public procurement the analysed requirement should each time comply with the actual state of the law, be clear and transparent.