If certain constituent parts of a bid do not contain some of the data bidder was obliged to supply in the bid, in accordance with the requests of contracting authority as stated in tender documents, contracting authority cannot reject such bid due to the serious deficiencies if bidder provided requested data in some other part [...]

Fact that bidder has not signed the last page of the model of the contract that is a constituent part of a bid, if this is prescribed by tender documents, presents the reason to reject the bid as unacceptable in accordance with the Article 106 Paragraph 1 Point 5 of Public Procurement Law, as signing [...]

If several bidders in public procurement procedure undoubtedly offer identical goods of the same manufacturer, and only one of them submits the proof of domestic origin of the said goods, contracting authority is not obliged to act in accordance with Article 86 Paragraph 9 of Public Procurement Law and to ask the rest of the [...]

Additional prerequisites as in Article 76 of Public Procurement Law can only be those related to the bidder, i.e. prerequisites determining the needed level of competency and efficiency of bidder to take part in public procurement procedure in question, and as such elements of criteria with regards to the Article 84 Paragraph 2 of Public [...]

Legal basis for conducting of negotiated procedure in accordance with Article 35 Paragraph 1 Point 1 of Public Procurement Law exists only if contracting authority has completely examined the contents of submitted offers and established all the reasons for their possible inadmissibility in open, restricted or qualification procedure or competitive dialogue in accordance with Article [...]

Communication via email or fax as in Article 20 of Public Procurement Law may be used in public procurement procedures, i.e. in protection of rights proceedings, if contracting authority chooses such type of communication by quoting email or fax number in invitation for submission of bids or in tender documents, or if interested party, bidder, [...]

In case tender documents prescribe the obligation of bidders to submit bank guarantee for successful completion of the work in the amount proportionate to the value of the public procurement contract based upon Article 17 Paragraph 1 of Regulation on Mandatory Elements of Tender Documents in Public Procurement Procedures and Way to Prove Fulfilment of [...]

„Cassa sconto – discount on price offered in case of payment that is earlier than the one predicted in contract, cannot be prescribed as element of criteria for economically most advantageous bid, as it represents discount on offered price which is forbidden by provisions of Article 3 Paragraph 1 Point 34 of Public Procurement Law. [...]

If contracting authority in applying the Article 153 paragraph 1 point 1 of Public Procurement law by solution adopts submitted request for protection of rights, protection of rights procedure cannot continue before Republic Commission for Protection of Rights in Public Procurement Procedure. However, claimant has the right to submit new request for protection of rights [...]

Contracting authority may use as elements of criteria for economically most advantageous bid as in Article 85 paragraph 2 of Public Procurement Law only those elements related to the execution of specific public procurement contract. This means that elements related to other, previously concluded contracts with the bidder, cannot be used as elements of criteria. [...]