Tryb zamówienia z wolnej ręki a zasada konkurencyjności w prawie zamówień publicznych

Abstract

This study addresses the functioning of the single-source public procurement procedure in the current legal order in terms of its compliance with the essence of the principle of competition. The main purpose of this work is to verify the following thesis: single-source procurement as a classical procurement procedure is a procedure that contradicts the essence of public procurement. For this purpose, the study is divided into six sub-sections. The introduction to the topic presents a short description of the discussed procedure of awarding a public contract. Then, the thesis and antithesis related to the topic of the discussion are presented. Subsequently, a polemic with the thesis and antithesis presented in the introduction is conducted. The paper closes with a summary containing the answer to the problems raised in the article. The research methodology used in the work is the analysis of literature and jurisprudence in the field of public procurement, in particular regarding the procedure of single-source procurement. This analysis allows the identification of a number of problems related to maintaining the principle of competition.

Keywords

• public procurement
• single-source procurement
• competition