Prawo Zamówień Publicznych

no. 4/2024

Submission of a tender offer under conditions of unfair competition

DOI: 10.32027/PZP.24.4.2
Agnieszka Trojanowska
Radca prawny
Abstract

A free-market economy is based on the principle of fair competition among businesses. The public procurement market has been structured in a way that ensures investments and public services are carried out efficiently, while maintaining a proper balance between quality and price. This equilibrium cannot be achieved when contractors make arrangements that disrupt competition. Such arrangements lead to increased prices in the market, the acquisition of low-quality goods due to a lack of alternatives, and the division of the market among contractors. This paper attempts to determine whether the legal mechanisms provided by the Public Procurement Law offer sufficient tools for contracting authorities to combat bid-rigging and whether more effective measures against such practices are feasible.

Keywords
disruption of competition, arrangements, prohibited arrangements, bid-rigging, capital group, contractors jointly bidding for contracts, entities providing resources, subcontractors, misleading information, grounds for exclusion.