Abstract

The article presents an assessment of the grounds for excluding an unreliable contractor under the new Public Procurement Law. It first explains the optional nature of the grounds for exclusion and looks at its significance in procurement procedures, then goes on to discuss the grounds for excluding a contractor from the procedure due to misleading the contracting authority and due to the non-performance or improper performance of the contract. The literal wording of the norms concerning the grounds for exclusion largely transfers the wording of the provisions contained in the act of 29 January 2004 to the new Public Procurement Law (Journal of Laws of 2019, item 2019 as amended). As a result, the way they have so far been interpreted, which is well-established in case law, still remains valid. However, some of the changes introduced to the PPL raise doubts as to the application of the new regulations. The dilemmas concerning the institution of self-cleaning, as revealed in the jurisprudence to date, remain unresolved in the new PPL.