Prawo Zamówień Publicznych

no. 1/2016

E-catalogues as a new way of contracting in public procurement

Grzegorz Wicik
jest radcą prawnym, doktorantem Uniwersytetu Ekonomicznego w Krakowie
Abstract

An e-catalogue is a special technique to facilitate contracting combined with submitting a proposal to contract on an electronic form which allows for processing the information contained therein. The presented reasoning excludes uniform classification of e-catalogues. A proposal to contract may be firm, and in such case the catalogue constitutes an offer to contract. Otherwise, an e-catalogue should be classified as an invitation to contract.

E-catalogues are suitable for purchasing mass products of fixed quality. They may be also used for current procurement orders under a framework agreement or a dynamic purchasing system.

A framework agreement may authorize the contracting entity (offeree) to prepare offers on its own basing on the previously submitted e-catalogues, bypassing the offeror. An offer generated by the contracting entity should be treated as a blanket declaration of will, that is such the contents of which are in advance (blankly) accepted by the offeror.