Kontrola w sferze umów odpłatnych w sprawie zamówień publicznych jako instrument ochrony konkurencji
Control in the Sphere of Paid Contracts in Case of Public Procurement as an Instrument for the Protection of Competition

Summary/Abstract: Public contracts are contracts concluded under the conditions specified by the contracting authority, which is a result of its statutory powers and the fact that the purchaser acts in the public interest. The aim of public procurement is the economical choice of the best offer. This institution can effectively function only in a free market economy operating on the principle of economic freedom and the principle of equality, which in conditions of competition can trigger appropriate market mechanisms. Competition in public procurement is a phenomenon by all means desirable. Above all, it is important that it promotes the optimization of purchasing and allows to make the choice of goods and services with optimal price and quality at the same time. Competition enables the realization of the objectives laid down by law, such as an efficient and thrifty spending of public money. It also provides access to procurement to all interested parties. The control of public procurement should ensure that the disposal of art. 7 par. 1 of the act - Public Procurement Law, according to which the contracting authority shall prepare and carry out the procedure for the award of the contract in a way that ensures fair competition and equal treatment of contractors. The aim of the control in this case is to achieve a status of “fairness” and “equality”in competitive relationships, which should also result in a full acceptance of these relations by the contracting authority and taking them into account during the preparation and the conduct of the public procurement. The control measures can also lead to the correction and the organization of entrepreneurs’ behaviors, which aims to ensure that these behaviors are legal as well as rational and systematic from the point of view of the legal order.The control of public procurement is associated with the formation of competitive relations and can influence them. That is because competition comes from equal opportunities and the equal legal position of its individual participants.

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