Abstract

The article aims to explain the differences between the two grounds for exclusion from procurement proceedings related to misrepresentation when supplying information. The ground specified in Article 109.1.8 of the Public Procurement Law (PPL) concerns intentional misrepresentation while verifying the absence of grounds for excluding or meeting the selection criteria. Pursuant to Article 109.1.10 of the PPL, an economic operator who negligently provides misleading information that may have a material influence on decisions made by the contracting authority is subject to exclusion. Polish law does not reflect the significant difference between these grounds, which is enshrined in EU law. While the first ground is general in nature and applies to all procedures conducted under the PPL for a specified period of time, the second one is valid only in proceedings in which the contracting authority has been misled.