Access to public information and access to documents of the public procurement procedure, including the protocol and its annexes
pdf (Język Polski)

Keywords

public information, public procurement, protocol of conduct, reasonable transparency, access to documents

Abstract

The paper concerns issues related to the disclosure of the protocol of the public procurement
procedure with annexes, in particular the public procurement contract and its annexes, on
the basis of the currently applicable regulations applicable to the above. First of all, it was
indicated who and on what terms may request the contracting authority to provide a protocol
of the proceedings with attachments. Next, the deadline for submitting the application and
submitting the requested documents was discussed. The issue of indicating what a protocol of
proceedings is, what obligatory elements must be included in its content and what documents
constitute annexes to the protocol (including obligatory documents), with particular emphasis
on the public procurement contract and its annexes, will be discussed. It is problematic to
determine whether an annex to a public procurement contract constitutes an annex to the
protocol and therefore is subject to disclosure under the PPL, or whether an annex to the
contract should be made available under the Public Information Access Act. The nature of
the annex will be discussed, in particular whether it should be treated as an integral part of
the contract or whether it is a document related to the contract, but in the context of making
its content available, indicating its independent existence. The PPL Act directly indicates that
the contract constitutes an annex to the protocol, but does not indicate whether the annex to
the agreement should also be treated as such. The analysis of the above will also take into
account the moment of completion of the procurement procedure as a time limit for the closure
of the protocol, and thus the establishment of the catalogue of annexes to the protocol of the
procedure.

pdf (Język Polski)
Copyright (c) 2023 Uczelnia Łazarskiego