PRICE RESTRICTIONS IN PUBLIC PROCUREMENT

Abstract

Price is an element determining competitiveness of the enterprise not only in the market, but also in public procurement, as procurement procedures generally are organised following the principle of competition that is implemented at the moment of the submitting of the offer and upon competing by offering economically advantageous proposal to the purchaser or the lowest price. Therefore, pricing policy is the factor determining the contract award within the procurement procedure. Currently, pricing policy within the public procurement is a topical issue, as often entrepreneurs claim contractual prices offered by their competitors to be abnormally low. A great number of claims to Procurement Monitoring Bureau (hereinafter – PMB) testifies to it. However, each case deserves to be assessed separately to clarify if the contractual price is abnormally low or the entrepreneur has acted following his usual commercial practice. Thus, it is essential to identify if and which restrictions in the determining of pricing policy exist in public procurement.