Participation criteria and models of their fulfilment by suppliers and principle of fair competition in the public procurement

Abstract

Dynamic development of public procurement market in Poland, an increase of significance of public expenses with the use of the EU funds, and world economic crisis enforced public entities to act in rational way.
The aim of the paper is to assess functioning of public procurement system in the area of preparation of terms of participation in awarding procedures and models of their fulfilment by potential suppliers.
In the paper legal regulations connected with public procurement and judgements of National Apply Chamber in Poland are considered.
The results indicate ambiguity of terms of supplier’s participation in the Public procurement law which instead of minimizing risks to choose unreliable supplier may lead to limitation of competitiveness of the public procurement.