Prawo Zamówień Publicznych

no. 1/2018

Economic and financial capacity of the contractor – selected problems in the light of the binding public procurement regulations

Małgorzata Moras
jest doktorem nauk prawnych, adiunktem w Katedrze Prawa Administracyjnego i Zamówień Publicznych UEK
Abstract

The article contains an analysis of legal regulations on verifying the economic and financial status of the contractor in light of the current legislation, including case law. In this respect, selected conditions in the tender procedure were discussed, while also giving an indication of which of them enables the actual condition of the contractor to be verified, to see whether it is able to perform the contract properly. The study also emphasises that defining these conditions appropriately requires an analysis of each specific case. In particular, it is necessary to take into account any contractual provisions providing for advance or partial payments.