Abstract

In these judgments, the District Court presented an interpretation that actually narrowed the catalogue of possible offer evaluation criteria. Through its position, by disregarding the fact that the Public Procurement Law explicitly provides for quality criteria of evaluating offers that are verifiable on the basis of the declaration contained in the offer, the court creates a certain view of the legislator’s irrationality. The court’s interpretation, which is difficult to agree with, may result in a step backwards, as it may result in limiting the evaluation of offers to price criteria, while the legislature has been consistently obliging contracting authorities for years to use non-price criteria for the evaluation of offers.