Abstract

This article analyses the potential negative consequences for the contractor, including its exclusion from the procedure, in a situation where false information is presented to the contracting authority about an entity providing resources (found in the European single procurement document (ESPD) of this subcontractor). Given the contents of Article 122 of the Public Procurement Law (PPL), which allows third parties to be changed if subject to exclusion (for instance, for misleading the contracting authority), or due to the type of document in which the false information was disclosed (the third party’s own statement), may raise certain doubts. The resolution of this issue, as presented in the article, essentially boils down to answering whether the hypotheses of the norms expressed in Article 109 section 1 points 8) or 10) of the PPL, which define the grounds for excluding a contractor from the procedure on the grounds of misrepresentation to the contracting authority, also include the situations described above Both the content of the cited provisions and other regulations of the PPL, as well as a pro-EU interpretation, indicate that the question posed above should be answered in the affirmative.