Abstract

The quality guarantee is the most commonly used non-price criterion in Polish public procurement. The various modes of contracting (tender) and the restrictions on the rule on the freedom to contract implicate further limitations of using the general Civil Code regulations. Further restrictions result from the subject matter of the contract, in particular when combining various products from various manufacturers. The terms of the guarantee should be adapted to the subject of the contract and the rational capabilities of the market and the contractors. The contracting authorities should be able to verify whether the offered guarantee is reliable and appropriate, and whether their interests are properly protected in the event of non-compliance.