Submission and supplementation of declarations or documents by the contractor in public procurement

Abstract

The following study is an introduction to the issues of submission and supplementing by the contractors (including self-submission and self-completion) of declarations and documents in public procurement proceedings conducted under an open tender in accordance with the Public Procurement Law. Due to the lack of precise legal regulations, the issue of submitting and supplementing statements and documents encounters different interpretations and difficulties in applying. The subject of these considerations is an attempt to answer the question whether the contractor can effectively, independently, without requesting by the contracting authority, submit and supplement the statements or documents required in the proceedings confirming the circumstances referred to in art. 25 § 1 of Public Procurement Law and the consequences this will have for the contractor and the contracting authority. The author presents examples of circumstances, the occurrence of which gives rise to interpretation problems, and the consequences of making incorrect decisions by the contracting authority. It also presents a model of conduct in accordance with the applicable law, based on the contracting authority's obligations, the fulfillment of which is a statutory obligation.