Abstract

Preparing the description of the subject of the contract is a basic activity in the public procurement procedure. The description should be comprehensive and accurate, and at the same time it must not obstruct competition. It should be prepared in such a way as to satisfy the needs of the contracting authority and to achieve the purpose of the contract. The description of the subject matter of the contract sets out the framework of the contractor’s performance, and whether or not the public procurement contract has been properly performed is evaluated according to those boundaries. In the absence of detailed contractual provisions, the quality of the contractor’s performance is measured primarily by the purpose of the contract, the function of the contract and the general rules for performing obligations arising from legal provisions.