O potrzebie dalszych usprawnień w konkurencyjnych procedurach negocjacyjno-przetargowych w zakresie zamówień o wartości mniejszej niż progi unijne
On the need for further improvements in competitive tender procedures with negotiation for contracts with a value lower than EU thresholds

Summary/Abstract: Some public procurement procedures allow negotiations with competitors. Their use may bring positive results for each party (e.g. determining optimal contractual conditions, and clarifying incomprehensible issues). The reason for the analyzes is still little interest in tender procedures with negotiation in practice. The article aims to discuss in detail the legal provisions considering the basic procedure in variants with optional and obligatory negotiations, along with de lege ferenda postulates regarding the elimination of interpretation doubts and the improvement of the course of procedure. This procedure applies to public procurement procedures with a value lower than the EU thresholds. It seems justified to precede the main considerations with a concise presentation of the remaining negotiation and negotiation-tender procedures and to define the concept of negotiation. Moreover, the paper attempts to briefly present the reasons for the sporadic use of tender procedures with negotiation by contracting authorities along with an indication of selected actions that may increase the frequency of their practical use.

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