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## The role of the performer in the public procurement

#### Abstract

This work will address issues related to public procurement. These are important and interesting issues, and by the way - extremely controversial, because they are an example of a situation in which there is a conflict of fundamental principles in law. On the one hand, there is the principle of freedom to conclude and perform contracts, rooted in Polish law. On the other hand, however, there is the principle of openness of the functioning of public authorities, which emanates from the principle of openness of spending public funds. Both of these rules conflict with each other to some extent, so it is necessary to shape them so that they can be preserved, while allowing their simultaneous implementation. As part of public procurement, the civil law rules adopted so far are modified. And that's why this topic is so interesting In my work, I will analyze a special issue in public procurement: the role of the contractor. The thesis of my work is: strict definition of the contractor's legal status as part of public procurement, which guarantees its proper functioning and constitutes the implementation of the postulate of efficient public order performance. The first chapter will be a kind of introduction to the subject of public procurement, starting from giving the historical background of the subject, indicating the source of origin from public finances. I will discuss the sources of law from which we can derive basic information about legal regulations in the field of public procurement law, as well as give a general definition of public procurement and describe it. I will show the essence of using public procurement in the market and refuse to define the procedure for awarding a public contract. In turn, in chapter two, I will focus on discussing the entire procedure for conducting the public procurement procedure. I will introduce the concept of contractor and contracting authority as parties to proceedings, discussing their definitions. After explaining the basic concepts of public procurement, I will focus on describing the procedure for preparing the procedure from the formulation of the Specification of the Essential Terms of the Contract, preparing its individual parts, indicating the important issues of properly prepared description of the subject of the contract until the publication of information about the contract, as well as conducting this procedure after submitting bids by contractors. I will also indicate the modes in which the public contract is awarded In the third and main part of the work I will focus on one of the parties to the proceedings, which is the contractor. In this part of the work it will be defined in detail. The rules that the contractor should comply with, as well as the rights that may be used in public procurement proceedings will also be discussed. In this part, I will pay special attention to all the activities carried out by the contractor, from fulfilling the conditions in the public procurement procedure, paying attention to all the documents necessary to submit an offer, through the very process of preparation and submission of the offer, as well as the contractor's activities after the deadline for submission of tenders. and obligations after any selection of the offer as the most advantageous. The work will also include the development of issues related to the exclusion of the contractor from the proceedings, I will also analyse the grounds for exclusion on the basis of law, as well as the Specification of the Essential Terms of the Contract.
Diploma type
Engineer's / Bachelor of Science
Diploma type
Bachelor thesis
Author
Title in Polish
Rola wykonawcy w zamówieniu publicznym
Supervisor
Cezary Woźniak (FASS/DALPP) Cezary Woźniak,, Department of Administrative Law and Public Policy (FASS/DALPP)Faculty of Administration and Social Science (FASS)
Certifying unit
Faculty of Administration and Social Science (FASS)
Affiliation unit
Department of Administrative Law and Public Policy (FASS/DALPP)
Study subject / specialization
Language
(pl) Polish
Status
Finished
Defense Date
12-09-2019
Issue date (year)
2019
Reviewers
Cezary Woźniak (FASS/DALPP) Cezary Woźniak,, Department of Administrative Law and Public Policy (FASS/DALPP)Faculty of Administration and Social Science (FASS) Sylwia Arasiewicz-Dulnik (FASS/DPELEP) Sylwia Arasiewicz-Dulnik,, Department of Public Economic Law and Economic Policy (FASS/DPELEP)Faculty of Administration and Social Science (FASS)
Keywords in Polish
prawo, prawo cywilne, prawo administracyjne, zamówienia publiczne, finanse publiczne, przetarg, wykonawca, zamawiający, odpowiedzialność, specyfikacja istotnych warunków zamówienia, instrukcja dla wykonawców, gwarancja
Keywords in English
law, civil law, administrative law, public procurement, public finances, tender, contractor, contracting authority, liability, specification of essential terms of the contract, instructions for contractors, warranty
Abstract in Polish
File
• File: 1
urn:pw-repo:WUTcca6b7e5c85141369955bb11b63f41ad