Abstract

The article describes selected doubts around the provisions concerning technical and professional ability. First, it discusses the notion of technical and professional ability in the Public Procurement Law. Then, it speaks about the right of the contracting authority to decide that an economic operator does not have the required capabilities if engagement of their technical or professional resources in other business undertakings may negatively affect performance of the contract, and the right of the contracting authority to evaluate the ability of an economic operator to duly perform the contract in particular with respect to their reliability, qualifications, efficiency, and experience. Finally, it touches upon the issue of relying on the capacities of other entities with regard to the criteria relating to technical and professional ability. In that respect, the article points out that the C-387/14 Esaprojekt case should not be taken into account when interpreting the current provisions.