Abstract

The article identifies some of the current practical problems and interpretative discrepancies related to the how economic operators collaborate in the public procurement system in light of current regulations. Most of these issues are not novel and were present in the previous legal framework as well. The author summarises the existing findings regarding the permissibility of jointly bidding for public procurement, forms of collaboration among economic operators, the obligation to appoint a representative, the submission of copies of the agreement by collaborating economic operators, the method of meeting the conditions of entities, and requirements related to performing of public contract. The analysis also addresses the issue of the position of collaborating economic operators while performing the public contract. The problems of paying remuneration to collaborating economic operators are discussed and the deficiencies in mandatory joint and several liability are highlighted. The author also critically comments on the observed disturbing practices of stronger participants in groups of economic operators abusing their position to the detriment of smaller economic operators, along with the unsatisfactory reactions of contracting authorities to the strengthening of the position of the consortium leader.