Text of announcement on contract performance in lieu of references
The Public Procurement Office has confirmed the possibility for contractors to submit the text of an announcement on contract performance as subjective evidence to document the proper performance of a contract.
According to the knowledge repository published on the website of the Public Procurement Office (UZP), in UZP’s opinion, the admissibility of submission of the text of an announcement in lieu of references follows from § 9(1)(2) of the Regulation of the Minister of Development, Labour and Technology of 23 December 2020 on subjective evidence relating to contractors’ eligibility and other documents or statements which a contracting authority may request from contractors, as this provision openly provides for the possibility to document the proper performance of supplies or services.
Therefore, the proper performance of a contract may be proven not only with references, but also with various other documents. The legislator allows the contractors discretion as to their form and contents, provided that, in each case, such a document should indicate that supplies or services have been completed in accordance with a contractual obligation (proper performance of a contract).
At the same time, it has been emphasised that documents must always be assessed by the contracting authority; therefore, the contractor should assess, in a reliable and comprehensive manner, whether such “another document” referred to in § 9(1)(2) of the regulation confirms their compliance with the conditions of participation in a particular public procurement procedure in terms of their technical or professional capacity.
Our team of experts on public procurement law will be happy to answer any questions you may have.
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