Exploring the Contractors’ Qualification Process in Public Works Contracts

Abstract

Public contracting authority may award contracts only to contractors who meet certain qualification criteria for participation in tenders. Such requirements can vary between countries; this paper therefore introduces basic legislation governing this process both in the Czech Republic and Poland. The verification of compliance of these requirements should be made individually for each public procurement procedure which is associated with the need to submit corresponding documents. The aim of the article is to analyse and compare current practice in using qualification criteria for public works contracts in both countries. Information about qualification criteria have been studied on the sample of 345 tenders for public works contracts, in particular for road structures, schools and water and sewage facilities and equipment. Analytical part focuses on the extent of qualification criteria use and discusses their application in the context of ensuring fairness of the competition with regard to non-discriminatory nature of the qualification. Research findings reveal significant disparity between the Czech Republic and Poland in the area of 1) professional and 2) economic and financial qualifications. It has been concluded that the reintroduction of economic and financial qualification criteria in the Czech Republic is justified if used appropriately and according to methodological guidelines. In Poland, the risk of inappropriate use of criteria lies especially in excessive requirements in relation to the volume and nature of contract. Contracting entity is not obliged to describe and demand all the requirements, it is crucial to require just the fulfilment of those criteria which are necessary to assess the ability of contractors to perform the contract. The criteria of an environmental nature are hardly used.Public contracting authority may award contracts only to contractors who meet certain qualification criteria for participation in tenders. Such requirements can vary between countries; this paper therefore introduces basic legislation governing this process both in the Czech Republic and Poland. The verification of compliance of these requirements should be made individually for each public procurement procedure which is associated with the need to submit corresponding documents. The aim of the article is to analyse and compare current practice in using qualification criteria for public works contracts in both countries. Information about qualification criteria have been studied on the sample of 345 tenders for public works contracts, in particular for road structures, schools and water and sewage facilities and equipment. Analytical part focuses on the extent of qualification criteria use and discusses their application in the context of ensuring fairness of the competition with regard to non-discriminatory nature of the qualification. Research findings reveal significant disparity between the Czech Republic and Poland in the area of 1) professional and 2) economic and financial qualifications. It has been concluded that the reintroduction of economic and financial qualification criteria in the Czech Republic is justified if used appropriately and according to methodological guidelines. In Poland, the risk of inappropriate use of criteria lies especially in excessive requirements in relation to the volume and nature of contract. Contracting entity is not obliged to describe and demand all the requirements, it is crucial to require just the fulfilment of those criteria which are necessary to assess the ability of contractors to perform the contract. The criteria of an environmental nature are hardly used.