With the principle of competitiveness

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Another issue is exclusion, which is related, for example, to the situation when the contractor is subject to mandatory exclusion for the reasons specified in Art. Public procurement law. When the selection of a contract contractor through the competitive procedure has failed due to the above-mentioned circumstances, the contracting authority has the right to use the single-source procurement procedure. Particular attention should be paid to the fact that the selection of a contractor is possible with unchanged contract terms and conditions, taking into account the conditions set for the contractor specified in the original inquiry.

However, before deciding to place a single-source order, it is recommended to analyze the request for quotation once again. A situation may arise in which the requirements for contractors are too restrictive or the deadline is inadequate. After carefully analyzing the conditions, deadline and photo retouching making sure that there are several potential contractors on the market, and determining that the description of the subject of the contract is sufficiently precise and the conditions imposed on the potential contractor are adequate to the nature and specificity, it is worth trying to publish the request for quotation in the Competitiveness Database once again.  



The Intermediate Body also recommends such action first. If a contractor is still not selected, he or she may be selected in a sole-source manner. The ordering party who, after unsuccessful publication of the order in the Competitiveness Database, analyzes the request for quotation and decides to change the scope of the subject matter of the order, even to the slightest extent, will have to reapply the procurement procedure in accordance. We are aware that if the ordering party deliberately sets excessive criteria and is then able to use the free-hand mode and select the contractor of its choice, it will be exposed to the risk of financial correction. During the inspection, such suspicion may arise if irregularities are noticed regarding the conditions for participation in the proceedings.