Abstract

The provisions of EU and Polish public procurement law establish the legal framework of contracting authorities to define the criteria for making contract awards. An analysis of the practices employed by Polish contracting authorities reveals a strong preference for price-based criteria. Qualitative criteria are included in public procurement conditions in order to comply with statutory requirements, but they often lack the effectiveness necessary in the purchasing process. An example is the warranty period criterion, which is frequently assigned a weight of up to 40%, a level rarely justified by the actual needs of the contracting authority. To address this concern, it is essential to introduce mandatory contract award criteria, particularly within specific categories of procurement. This initiative could be implemented through a regulation issued under Article 244 of the Public Procurement Law, which should be reinstated to its legal force.