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07.03.2023

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Competitiveness in public procurement:
Part 4. Offer evaluation criteria

The culminating point of the public procurement procedure is the selection of the best offer. The offer of a specific contractor is selected as a result of evaluating the offers based on the criteria set by the contracting authority.

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28.02.2023

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Competitiveness in public procurement:
Part 3. Description of the subject of the contract favoring a specific product or company. Can the description of the subject of the contract contain a trademark?

One of the manifestations of the principle of fair competition is the prohibition to describe the subject of the contract in a way that could hinder fair competition. This obstruction may consist in the indication of trademarks, patents or origin, source or specific process that characterizes the products or services provided by a particular contractor, if this could lead to favoring or eliminating certain contractors or products. However, the ban on using trademarks in the description of the subject of the contract is not absolute. The contracting authority may use a trademark in the description of the subject of the contract in a situation where the contracting authority cannot describe the subject of the contract in a sufficiently precise and understandable manner, and such an indication is accompanied by the words " or equivalent ".

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21.02.2023

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Competitiveness in public procurement:
Part 2. Description of the subject of the contract – connection with the subject of the contract and proportionality.

Impact of the description of the subject of the contract on the circle of potential contractors . Almost every description of the subject of the contract affects the group of potential contractors. At the same time, the Public Procurement Law prohibits describing the subject of the contract in a way that could hinder fair competition. So how to comply with the law, and in particular with the principle of competitiveness and equality, in a situation where the subject of the contract should meet certain features expected by the contracting authority, which thus excludes some contractors or their groups?

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10.02.2023

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Competitiveness in public procurement:
Part 1. How to prepare a description of the subject of the contract?

The meaning of the description of the subject of the contract . The manner in which the subject of the contract will be described significantly affects the further course of the procedure, is reflected in the quality and quantity of submitted tenders and determines the essential provisions of the subsequent public procurement contract. The report on the study on low competition on the public procurement market conducted by the Public Procurement Office shows that entrepreneurs mentioned an unclear description of the subject of the contract as the reason for low interest in participating in the procedures.

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10.02.2023

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Competitiveness in Public Procurement: Introduction

Ladies and Gentlemen, "Competitiveness in public procurement" is a new series of our newsletters. We will discuss the regulations of the Public Procurement Law from the perspective of the principle of competitiveness. The contracting authorities, as entities that have public funds at their disposal, are obliged to spend them rationally. This goal is achieved by obtaining the most favorable offers for contracting authorities, and this is possible thanks to increasing the interest of contractors in participating in procedures.

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