Prawo Zamówień Publicznych

no. 4/2024

Division and Combination of Contracts as Violations of Public Finance Discipline

DOI: 10.32027/PZP.24.4.8
Mateusz Winiarz
Doktor, Katedra Publicznego Prawa Gospodarczego i Polityki Gospodarczej WPiA Uniwersytetu Jagiellońskiego
Abstract

Properly awarding a public contract is primarily conditional on how accurately the subject of the contract is determined, a true description and a careful estimation of the value of the contract. If a contract is divided up in a way that is inconsistent with the Public Procurement Law, it effectively prevents the procedure from being carried out properly. Therefore, the consequence of illegally dividing a contract is liability for violating public finance discipline. However, the relationship between liability for violating this prohibition and liability for determining the contract value and awarding the contract remains problematic.

Keywords
public procurement, public finance discipline, subject of the contract, division of contracts