Abstract

The expanded catalogue of facultative grounds for excluding a contractor from a public procurement procedure laid down in the Public Procurement Act deserves approval as a matter of principle, though in the Polish reality it seems to be excessive in a way. Contracting authorities have no skills to identify threats prevailing on the market or occurring in the course of public procurement proceedings. Meanwhile, the consequences of failure to foresee the circumstances covered by facultative exclusion are far reaching and prevent elimination of a contractor who does not guarantee proper performance of a public contracts. That is why, if such situations are not rare, and actually hamper implementation of public contracts, it seems advisable to make certain grounds for exclusion statutorily obligatory, which – as a measure similar to a sanction – may help control undesirable behaviour of public procurement market players. Although the facultative nature of the grounds for elimination allows the contracting authority to exclude contractors in accordance with its personalized requirements, it does not eliminate the need to specify those grounds in the Public Procurement Act precisely for both sides to the public procurement procedure and adequately to the domestic situation.