Abstract

The concept of quality can play an important role in public contracts. Article 30 of the Act on Public Procurement allows the ordering party to use criteria other than price for evaluations. Quality can be one such criterion. However, the quality criterion for the evaluation of offers may cause problems due to its ambiguity. The introduction of this criterion requires a detailed description setting out measurable objective features, as well as subjective (discretionary) features of the subject of the public contract. In the case of discretionary criteria, the elements should be described in great detail. The study presents the definitions of the concept of quality, shaping the quality and the principle of responsibility for the lack of an appropriate quality of the subject of the public procurement.