Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej (obszar zamówień publicznych)

Abstract

NON-POSSESSION OF THE REQUIRED DECISION AND VALIDITY OF THE CONTRACT IN ECONOMIC ACTIVITY SPHERE OF PUBLIC PROCUREMENT

In the case of public procurement, the non-possession of the required decision by the contractor by the law and the terms of the proceedings results in the exclusion of the contractor from the award procedure and rejection of its off er. In this case, the public contract is not concluded. Public procurement are contracts concluded in conditions where it is difficult to talk about the implementation of the principle of freedom of contract. It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.