Iscflul.8.2.12

How May COVID-19 Be (Mis)used as a Justification for Uncompetitive Tendering? Case Study of Slovakia

https://doi.org/10.22364/iscflul.8.2.12 | Pages 156-165 | PDF

Hana Kovacikova, PhD, Assoc. Professor
Comenius University in Bratislava, Slovak Republic
 

Keywords: COVID-19, public procurement, uncompetitive tendering, extreme urgency, proportionality

Summary
The COVID-19 pandemic caused disaster in every area of life, public procurement notwithstanding. This article considers the problem of possible misuse of COVID-19 pandemic as a cover to justify uncompetitive tendering of public contracts. It contains the analysis of general conditions set by the EU law and also by national legislation, which must be met while using the method of direct awarding of contracts by contracting authorities, as well as specific conditions clarified by the European Commission in its 2020 Guidance for emergency situation procurement related to COVID-19. It also deals with the Slovak law applicable in this area, and the real practice of Slovak contracting authorities. In this regard, a quantitative analysis was realised to answer the question, whether Slovakia complies with the Union’s rules in both levels – legislative, as well as in practical.

This paper was prepared within the project APVV-17-0641 “Improvement of effectiveness of legal regulation of public procurement and its application within EU law context”.