Konsekwencje uchylania się od obowiązku zawarcia umowy o zamówienie publiczne – wybrane zagadnienia
Consequences of the evasion of the obligation to conclude a public procurement contract – selected issues

Summary/Abstract: If a public procurement procedure results in the selection of the most favourable tender and the successful economic operator is duly notified, both the contracting authority and the economic operator shall then conclude the contract. Evasion of this obligation by any party can cause negative legal consequences. The paper aims to present selected issues related to the consequences of evasion of the post-tender obligation to conclude a public contract according to the new public procurement law. The economic operator may demand that the contract be entered with recourse to litigation. However, the economic operator may demand payment of double bid bond or compensation for damages resulting from the negative effect of the contract not been concluded. If the economic operator evades concluding the contract, the contracting authority shall select another tender or cancel the public procurement procedure. It is important to demand a bid-bond by the contracting authority, which determines the amount of damage. The contracting authority can retain it. If there is no bid-bond, the contracting authority is entitled to demand compensation for damages.

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