Contractor Errors in Public Contracts for Insurance of Medical Entities

Abstract

The article is an original work, dedicated to the mistakes made by Contractors in public procurement procedures for the insurance of healthcare institutions. Mistakes made by Contractors may be subject to correction by the Contracting Authority or lead to rejection of the tender. Any actions of the Contracting Authority should be conducted in regard to the general principles of the Public Procurement Law. Due to the manner of calculating the insurance and the immaterial nature of the service, it is impossible to determine an abnormally low price. The General Terms and Conditions of Insurance submitted in the proceedings by the Insurers are of an adhesive nature. Therefore, failures in this respect do not make the offers incomparable, as the General Insurance Terms and Conditions only regulate issues not covered by the description of the subject matter. Mistakes made by Contracting Authority’s interpretation of contractors’ errors may lead to the invalidation of the procedure or a finding of an infringement of the Public Procurement Law. The aim of the research is to analyze typical mistakes and deficiencies committed by Contractors in public procurement procedures for insurance of healthcare institutions and possible actions to be taken by the Contracting Authority in response to the mistakes committed. The scope of the research includes healthcare institutions and insurers, operating in the territory of the Republic of Poland, since the commencement of law of September 11, 2019, Public Procurement Law. The above subject is not is not widely addressed in jurisprudence and doctrine, which positively influences the originality of the results and significant cognitive value.