Abstract

Since 1 January 2021, the National Appeals Chamber has been resolving appeals against the actions and omissions of contracting authorities in the course of public procurement procedures based on appeal procedures set out in the provisions of the new Public Procurement Law of 11 September 2019. If a bid is rejected in a public procurement procedure initiated after 1 January 2021, the rejection is based on the new regulations. One year after the new law entered into force, the article analyses whether the grounds for rejecting a bid are different from those that functioned before, and to what extent, and whether the case law developed under the old law remains valid under the new regime. It also explores the reasons why the grounds for rejecting a bid were expanded from 11 to 20, and whether the current grounds for rejection can help eliminate difficulties in their application among contracting authorities and contractors.

The existing case law regarding the newly introduced grounds for exclusion is not representative enough to answer the question of whether broadening their scope puts the legal status in order or merely hinders the process of connecting a certain factual status to a specific ground for rejection. It is therefore reasonable to continue the study over the next several years, assuming the stability of the law regulating grounds for rejection.