Abstract

The articles discusses legal issues connected with tenders submitted in the course of a public procurement procedure, its legal structure and their systemic ranking. The main part of the publication focuses on the institution of rejection of a tender as a declaration of will of the contracting authority, including its principles and legal consequences for the tender itself and the procedure, including its comparison with exclusion of the contractor from the procedure because of failure to prove the fulfilment of contract requirements. The article discusses the current practice with respect to the selected grounds of rejection, such as non-compliance with the Public Procurement Act (Art. 89.1.1), occurrence of the signs of unfair competition (Art. 89.1.3) and invalidity of the tender (Art. 89.1.8). The legal analysis takes into account the new rules for conducting a public procurement procedure stipulated by the amended provisions of the Public Procurement Act.