Abstract

The provisions of Directive 2014/24/EU and the implementing provisions of the Public Procurement Act do not introduce any significant modifications as regards the requirements for contractors jointly applying for a public contract, but rather put the regulation in order with a view to the hitherto accomplishments of the case law, thus clarifying the doubts that have accumulated in practice. In particular, the current regulations clearly indicate that the contracting authority may describe in the terms of reference how members of the consortium are to meet the requirements, which shall allow the co-contractors to figure out the principles underlying assessment of potential and resources. Implementation of Art. 63.1 of Directive 2014/24/EU also dispels any doubts as to the relation of resources in the form of experience and education with the process of proper performance, and the latest judgments of the CJEU unequivocally emphasize the need to take into account not only the size but also the nature of resources in the qualification process. Such an approach makes it possible to consider all material economic aspects in the public contract awarding process, and also proves that assessment of meeting the award criteria involves not only interpretation of the law, but also an analysis of the value and type of resources.