Abstract

Entering into a procurement contract in electronic form involves finding consensus expressed in the submission of unanimous statements of intent by the parties to the public procurement proceedings, in electronic form and bearing qualified electronic signatures, in order to conclude a public procurement contract with the content corresponding to the contractor’s offer, or in the negotiated provisions of the contract and resulting in establishing a public procurement contract between these entities. Electronic declarations of intent forming a consensual public procurement contract may be made online or offline, though the method of making the declaration must ensure that the content of the declaration of intent can be read electronically, recorded and validated. A public procurement contract may be concluded in pure electronic form, but also in hybrid forms including situations where declarations of intent are made in separate but equivalent forms (written and electronic form). The principle of the equivalence of an electronic declaration of intent and a declaration of intent made in written form is an ex lege binding principle that may, however, be excluded in the terms of the contract. The exclusion may be only unidirectional, namely the contracting authority may not allow electronic form as the principal and exclusive form, and it may take place both in advance, in the terms of the contract, and after the selection of the most advantageous tender. Amendments, supplements and declarations by the parties leading to the end of a public procurement contract may, in general, also be made in electronic form.