Abstract

A tender is a unilateral legal act of a party applying for the award of a public contract. It consists of a declaration of intent defining the terms and conditions of that contract and a commitment to sign it if the tender is considered to be the best one.

The present state of the law allows for a tender to be submitted electronically. In the future, the electronic form is to be obligatory and otherwise invalid. The requirement of the electronic form refers only to those declarations of the bidder which concern the essential terms and conditions of the prospective contract.

The electronic tender in public procurement is characterized by having its content recorded on electronic media, time stamping and a qualified secure electronic signature. There is a rebuttable presumption that the electronic signature comes from a strictly defined person. Whether that person is authorized to represent the operator or whether the principles of that representation have been met is verified basing the National Court Register data or the contents of trthe power of attorney, which should also be in the electronic form.