Abstract

In the Public Procurement Law of 22 September 2019, which comes into force on 1 January 2021, the legislator defined the institution of a bid bond as an optional element of the public procurement proceedings. An additional reservation that may be included in the documentation of the proceedings, at the contracting authority’s discretion, is the requirement to lodge a bid bond. Given this amendment to the law, the function of a bid bond as a prerequisite for participating in public procurement proceedings becomes of particular importance, but also serves as security and compensation for both the contracting authority and the contractor.