Prawo Zamówień Publicznych

no. 1/2023

How means of proof function in practice

Andrzela Gawrońska-Baran
Dr nauk prawnych, radca prawny, ekspert z prawa zamówień publicznych
Włodzimierz Dzierżanowski
Dr hab. nauk prawnych, radca prawny (Uczelnia Łazarskiego)
Abstract

The means of proof in question serve primarily to certify the compliance of the supplies, services or works offered with the requirements or characteristics indicated in the description of the subject matter of the contract. If these are requested, they have to be submitted with the tender and should not be modified by the contracting authority. Doubts are frequently raised in practice regarding not only the qualification of the document, but also the possibility and scope of supplementing the means of proof in question, as evidenced by appeal cases before the National Appeal Chamber.

Keywords
Means of proof, samples, certificates, supplementing