scholarly journals Exclusion of a contractor from participation in a public procurement procedure as a result of contract termination for reasons attributable to them

Author(s):  
Justyna Bojko ◽  
Malgorzata Puto

The article describes obligatory and optional grounds for excluding a contractor on the basis of Polish Public Procurement Law, taking into account the jurisprudence and views of the doctrine. The attention is paid to the optional ground based on art. 24 sec. 5 point 4 of the Polish Act of January 29, 2004, Public Procurement Law, according to which the contracting authority may exclude from the procurement procedure contractors who, for reasons attributable to them, failed to perform or to a significant extent improperly performed a prior public procurement contract or concession contract concluded with the contracting authority, which led to termination or awarding compensation. In order to be able to use the institution, the contracting party must include an appropriate clause in the contract, providing for the possibility of terminating the contract or awarding damages due to contractor’s non- performance or improper performance of the contract, which is a common practice on the Polish public procurement market. However, in the event of such a clause, the contracting authority is obliged to apply it if the condition is met. The article also describes the self- cleaning institution, derived from art. 57 sec. 6 of Directive 2014/24/EU. The self-cleaning procedure can protect the contractor from being excluded from future tenders. However, In order to take advantage of self-cleaning, the contractor has to admit that non-performance or improper performance of the contract is their fault. Keywords: Exclusion; Contractor; Agreement

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.


1987 ◽  
Vol 52 (1) ◽  
pp. 66-71 ◽  
Author(s):  
Vesselin C. Noninski ◽  
Emanuel B. Sobowale

Nine pyrazolone derivatives have been studied by anodic voltammetry using gold self-cleaning rotating electrode (SRE). Voltamograms of good reproducibility are presented. On the basis of voltammetric data a mechanism is proposed for the electrochemical oxidation of sodium 1-phenyl-2,3-dimethyl-4-(N-methylamino)pyrazol-5-one-N-methansulphonate and 1-phenyl-2,3-dimethyl-4-(dimethylamino)pyrazol-5-one in protic medium.


2021 ◽  
Author(s):  
Maulida Rahayu ◽  
Sujito ◽  
Edy Wibowo ◽  
S. Sutisna
Keyword(s):  
The Self ◽  

Polymers ◽  
2021 ◽  
Vol 13 (3) ◽  
pp. 387
Author(s):  
Euigyung Jeong ◽  
Heeju Woo ◽  
Yejin Moon ◽  
Dong Yun Lee ◽  
Minjung Jung ◽  
...  

In this study, self-cleaning polyester (PET) fabrics were prepared using TiOF2 and hexadecyltrimethoxysilane(HDS) treatment. TiOF2 was synthesized via direct fluorination of a precursor TiO2 at various reaction temperatures. The prepared PET fabrics had superior photocatalytic self-cleaning properties compared with anatase TiO2/HDS-treated PET fabrics under UV and sunlight with 98% decomposition of methylene blue. TiOF2/HDS-treated PET fabrics also had superior superhydrophobic self-cleaning properties compared with anatase TiO2/HDS-treated PET fabrics with a 161° water contact angle and 6° roll-off angle. After the self-cleaning tests of the non-dyed TiOF2/HDS-treated PET fabrics, we prepared dyed TiOF2/HDS-treated PET fabrics to test practical aspects of the treatment method. These PET fabrics were barely stained by tomato ketchup; even when stained, they could be self-cleaned within 4 h. These results suggest that practical self-cleaning PET fabrics with superhydrophobicity and photocatalytic degradation could be prepared using TiOF2/HDS-treatment.


Author(s):  
Irina Alekseevna Burkina ◽  

The article is devoted to the problems of public procurement planning, dishonesty of customers and bidders, abuse of non-competitive methods of determining the winner and imperfection of legislative regulation. The main goal of this study is to identify possible ways to improve the public procurement contract system in Russia.


Sign in / Sign up

Export Citation Format

Share Document