Abstract

The article looks at the solutions adopted in the new Public Procurement Law concerning the validity period of tenders. The author evaluates solutions taking into account the evolution of the provisions of the PPL over the last 13 years. The 2008 amendment to the law gave contractors the opportunity to individually extend the tender validity period, though the legislator appears to have overlooked the significance of this fact and failed to amend the premises for exclusion from the proceedings, which could only take place if the contractor did not agree to extend the tender validity period. This omission by the legislator, namely failing to indicate all the reasons for terminating the tender validity period as the premises for cancelling a tender, was not remedied by the amendment of 2016. This led to discrepancies in the case-law and became the subject of a critical assessment by the Court of Justice. The new PPL sets out the time limit for the tender’s binding status by combining legislative solutions from before 2008, along with views developed in some of the case law in recent years. The proposed solutions, despite their practical benefits, may also raise doubts.