Unverifiable Bid Assessment Criteria in EU Projects

The Public Procurement Law Base (Baza Konkurencyjności) in Poland is often seen by beneficiaries as a more flexible alternative to the rigid Public Procurement Law when managing EU-funded projects. This apparent leniency, however, can become a trap.

A common and significant error occurs during the tender inquiry phase: the inclusion of non-price-based evaluation criteria that are subjective, descriptive, and discretionary. This approach can be classified as the application of unverifiable criteria.

Such violations undermine the fundamental principles of transparency and equal treatment for contractors. For the beneficiary, the consequence can be severe, including the imposition of financial corrections. This highlights the critical need for clear, objective, and verifiable criteria in tender evaluations to ensure fairness and compliance.