Prawo Zamówień Publicznych

no. 4/2023

Verification of the debt of a contractor applying for a public procurement contract.

Józef A. Laskowski
Zastępca Dyrektora Departamentu Finansów i Zamówień Publicznych Uniwersytetu Ekonomicznego w Krakowie. Wieloletni wykładowca i autor artykułów w zakresie zamówień publicznych i finansów publicznych
Abstract

The principle of free competition is applied primarily and generally in the public procurement process. However, the need to look after public funds requires a departure from competition in its strict sense, by limiting contractors to those who meet the conditions for the proper performance of a public contract. Contracting authorities find the examination of economic or financial standing a particularly problematic aspect of verifying contractors. An analysis of notices in the European publication at the end of 2023 shows that, for contracts with a planned performance period between 17 and 42 months, the financial situation of the contractors was not examined in most cases. On the other hand, the two criteria used in those cases where the financial situation was examined were holding a public liability insurance policy or having a minimum level of revenue. The methods used for a preliminary analysis of the financial statements, as well as the indicator analysis, were not applied. To convince readers that assessing the financial situation is not really a mission impossible, the paper shows example elements of the indicator analysis when assessing the contractor’s debt analysis.

Keywords
free competition, possession of qualifications and resources, assessment of the economic or financial situation, income, expenses, receivables, payables, funds, preliminary assessment of financial statements, indicator analysis, debt and debt servicing capacity, overall debt ratio, long-term debt ratio, debt service coverage ratio, debt service coverage ratio from financial surplus, debt service coverage ratio from operating cash,