Abstract

The paper presents one of the grounds for cancelling a public procurement procedure regulated by Article 255 item 3) of the Public Procurement Law of 11 September 2019 (uniform text of 14 July 2023, Journal of Laws of 2023, item 1605), namely a situation when a procurement procedure is cancelled due to insufficient financial coverage, as well as the issue of financing the public procurement in connection with this. The paper refers to the concept of the amount that the contracting authority intends to allocate towards financing the contract, the concept of the estimated contract value, and how the two are related. It also discusses the possibility of revising the amount that the contracting authority intends to allocate to the contract, referring to the question of whether this constitutes an obligation or a right of the contracting authority. The article also looks at two alternative situations regulated in the provision mentioned above constituting grounds for the cancellation of the procedure, as well as examining the values the contracting authority is obliged to compare when assessing whether there are grounds to cancel the procedure.