The principle of equal treatment of tenderers imposes two obligations on contracting authorities: to refrain from creating any distinctions between tenderers at all stages of the public procurement procedure and in respect of all its elements, and to ensure that their conduct does not create circumstances that would result in discrimination against any tenderer. This principle represents one of the fundamental principles of public procurement and, as such, constitutes a key interpretative tool for understanding the provisions of public procurement legislation. This master's thesis focuses mostly on the legal framework established by the Public Procurement Act (ZJN-3) and Act amending the legal protection in public procurement procedures act (ZPVPJN).
This master’s thesis analyses the observance of the principle of equal treatment of tenderers in various stages and legal instruments of public procurement, specifically in relation to the preliminary market consultations, the preparation of tender documentation, the clarification and completion of tenders, the final stage of the public procurement procedure, including contracting authority’s decision, and the modifications to the contract. The question of whether the principle has been observed and what its influence is on each of these stages or instruments is examined primarily through the case law of the National Review Commission for Reviewing Public Procurement Award Procedures. The final part of the thesis focuses on the legal remedies available to tenderers who consider themselves to have been treated unequally within the discussed legal frameworks.
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