Issues of legal regulation of public procurement and public–private partnership

Vol. 329 (2019)

Legal conditions of economic operators’ influence on the content of public procurement contracts

Pages: 545-557

PDF (Język Polski)

Abstract

The article analyzes public procurement law regulations, which are of particular importance for the issue of the possibility for economic operators to influence the content of public procurement contracts. The lack of legitimacy of identifying such contracts with adhesive contracts has been shown. Among the legal conditions of the influence of economic operators on the content of public procurement contracts, the following were particularly noted: the principle of competition protec-tion, the use of non-price criteria for the evaluation of bids, as well as the presence of negotiation elements in some public procurement procedures.