Abstract

One of the main objectives of the public procurement regulations is to ensure the security of executing public tasks. The legislator ensures this, for instance, by specifying the conditions of participation in proceedings that must be met by contractors in order to obtain a contract. These conditions are shaped by the contracting authority, taking into account the principle of proportionality and within the limits set by the legislator. The new Public Procurement Law maintains the basic rules of these conditions, indicating the possibility of examining the right to conduct certain business or professional activity, or economic and financial situation, as well as the technical and professional ability to operate on the market. The act introduces a more rigorous form of control over the method of executing procurement by consortia. It is no longer permitted for any activities to be performed by a consortium member who failed to document its ability to execute a certain part of the contract. Concerning the actual execution of contracts by entities that have the required potential, the obligation to further delegate the execution of a contract to third entities who have the experience or can provide human resources for this purpose was maintained. The liberalisation of provisions at the level of proving that the conditions are met was based on actually meeting the requirements, as opposed to just meeting them formally. The contracting authority may refrain from demanding documents confirming the above, and may accept declaration instead. Contracting authorities for utilities gained extended freedom in establishing the actual requirements to be met by contractors applying for a contract and the principles of documenting that they were met.