Prawo Zamówień Publicznych

no. 4/2019

Electronic negotiations in proceedings for granting a public procurement order

Maciej Lubiszewski
jest doktorem nauk prawnych, adiunktem na Wydziale Prawa i Administracji Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Abstract

Most of the procedures provided for in the Public Procurement Law are negotiated. The progressive digitization of public procurement also affects the way in which negotiations are conducted. As it turns out, the national legislator, following the EU directive, prefers electronic forms of negotiation. Nevertheless, oral communication between the ordering party and contractors is also acceptable. There are many solutions on the market that can be used to conduct electronic negotiations. In addition to standard email, ordering parties may use electronic platforms with negotiation modules. For many years, the business world has been using specialist systems to support negotiations, as well as negotiation agents. The latest technology (artificial intelligence and blockchain for example) will probably also provide technical solutions to make negotiations even more efficient. Electronic solutions for conducting negotiations have many advantages, such as facilitating and speeding up negotiations, marginalizing behavioral factors (prejudices or preferences not related to the merits), and standardizing negotiation positions.