Koncepcja normatywna warunków zamówienia publicznego
Normative concept of public procurement conditions

Summary/Abstract: The Public Procurement Law Act introduced in 2021 the definitions of “public procurement conditions” to the Polish legal language. The article aims to analyze the normative approach to this concept, as well as the meaning and functions of public procurement conditions in the procurement process. It was found that there is a relatively consistent normative concept of public procurement conditions in Polish law. According to this concept, public procurement conditions are a generic concept covering requirements of various nature but are closely interdependent. The public procurement conditions also have a common function of qualifying the participants of the procedure to select the contractor of the public procurement. The function of contract conditions also determines their key importance in public procurement, which consists in shaping the access of contractors to the public procurement market. As a result, it was found that the directional obligations resulting from the principles of public procurement concern lawmaking and compliance with the law relating mainly to public procurement conditions.

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