Abstract

The article sets out the case law of the National Chamber of Appeals regarding conditions for participating in procurement proceedings, and their compliance with the provisions of the Public Procurement Law (PPL). The analysis starts by looking at the change in legal status introduced by an amendment to the PPL from 2016, and an attempt to define the term “conditions for participating in procurement proceedings”. Based on this, the author primarily indicates the existing case-law of the National Chamber of Appeals, which remains valid and applies when interpreting new regulations. Taking the example of the issue of conditions for participating in procurement proceedings given to contractors jointly applying for a contract, the differences are presented in the existing direction of interpretation in current case law. The importance of the requirement for the contractor to personally perform key parts of the contract when setting out the conditions for participating in the proceedings shows the directions of interpretation of the amended provisions of the PPL. It was stressed that the description of conditions for participating in such proceedings is significant not only in terms of the contractors’ access to a contract, but it also guarantees the due performance of the contract in the future.