Giving public procurement contract in a form of question of price Cover Image

Udzielenie zamówienia publicznego w trybie tzw. zapytania o cenę
Giving public procurement contract in a form of question of price

Author(s): Ryszard Szostak
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: offer; tender; contract; public procurement

Summary/Abstract: Question of price procedure it is a kind of auction which is open to selected persons. This procedure is started by inviting chosen contactors to submitting offers. It is not covered by European Law. It can be used only while ordering small deliveries or services, the amount of which do not exceed 137 thousand EUR. Person who orders, invites enough contactors to allow real competition, but not less that 5 persons. A threat to fair competition is obvious. Condition of ordering together with bidder’s requirements, but also essential provisions of final contract are delivered in advance along with invitation. Procedure is efficient on the condition that there will come at least 2 proper offers. Choosing and accepting the most favorable offer leads to concluding temporary and preliminary contract, which creates an obligation to sign public procurement contract. This contract should be concluded in a period not shorter than 7 days (protests), but no latter than all other offers will expire. Because if the the winner evaded contract, person who orders will have to chose next offer, unless there is a basis to annul the whole procedure.

  • Issue Year: 172/2007
  • Issue No: 2
  • Page Range: 55-74
  • Page Count: 20
  • Language: Polish