IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v15y2023i21p15421-d1270251.html
   My bibliography  Save this article

Legal Aspects of the Evaluation of Tenders in Public Procurement Procedures in the Polish Mining Industry

Author

Listed:
  • Kamil Mucha

    (Department of Machinery Engineering and Transport, Faculty of Mechanical Engineering and Robotics, AGH University of Krakow, al. A. Mickiewicza 30, 30-059 Krakow, Poland)

  • Dawid Chaba

    (Department of Administrative Law and Civil Society, Institute of Law, Economics, and Administration, University of the National Education Commission, Krakow, ul. Podchorążych 2, 30-084 Krakow, Poland)

  • Katarzyna Midor

    (Department of Production Engineering, Faculty of Organization and Management, Silesian University of Technology, ul. Roosevelta, 26-28, 41-800 Zabrze, Poland)

Abstract

Public procurement procedures facilitate the purchase of products, services, or civil works by public administrations. In Poland, they follow the national rules specified in the Public Procurement Act. Public procurement aims to ensure a transparent and competitive purchasing process, effective use of public resources, equal treatment of all tenderers, and supply of the best products and services. Various aspects of tender evaluation often determine public procurement and the actual process. Of fundamental importance are price and quality. The Polish mining industry is very mature and includes many stakeholders, such as underground, surface, and borehole mines. Public procurement in the mining industry is specialised and involves complex contracts between the contracting authority and the contractor. Additionally, the mining industry involves very high-risk levels and requires special safety efforts. Therefore, this article presents the analysis results related to evaluating offers in public tenders in the most prominent Polish enterprises of the mining industry. The results indicated what procedures should be carried out and what offer evaluation criteria are essential. The emphasis was placed on ensuring that the selection of offers in this industry are not based only on one criterion: price.

Suggested Citation

  • Kamil Mucha & Dawid Chaba & Katarzyna Midor, 2023. "Legal Aspects of the Evaluation of Tenders in Public Procurement Procedures in the Polish Mining Industry," Sustainability, MDPI, vol. 15(21), pages 1-15, October.
  • Handle: RePEc:gam:jsusta:v:15:y:2023:i:21:p:15421-:d:1270251
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/15/21/15421/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2071-1050/15/21/15421/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Grzegorz Krawczyk, 2019. "Selection of Public Transport Operator in Public Procurement System in Poland," Springer Proceedings in Business and Economics, in: Michał Suchanek (ed.), Challenges of Urban Mobility, Transport Companies and Systems, pages 25-34, Springer.
    2. Roberto Burguet & Yeon-Koo Che, 2004. "Competitive Procurement with Corruption," RAND Journal of Economics, The RAND Corporation, vol. 35(1), pages 50-68, Spring.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Francesco Decarolis & Raymond Fisman & Paolo Pinotti & Silvia Vannutelli, 2019. "Rules, Discretion, and Corruption in Procurement: Evidence from Italian Government Contracting," Boston University - Department of Economics - The Institute for Economic Development Working Papers Series dp-344, Boston University - Department of Economics.
    2. Michal Plaček & Martin Schmidt & František Ochrana & Michal Půček, 2017. "Do the Selected Characteristics of Public Tenders Affect the Likelihood of Filing Petitions with the Regulators of Public Tenders?," Prague Economic Papers, Prague University of Economics and Business, vol. 2017(3), pages 317-329.
    3. Eshien Chong & Carine Staropoli & Anne Yvrande-Billon, 2014. "Auction versus Negotiation in Public Procurement: Looking for Empirical Evidence," Post-Print hal-00512813, HAL.
    4. Ndiaye Cheikh Tidiane, 2019. "Corruption, Investment and Economic Growth in WAEMU Countries," International Journal of Economics and Finance, Canadian Center of Science and Education, vol. 11(4), pages 30-39, April.
    5. Amaral, Miguel & Saussier, Stéphane & Yvrande-Billon, Anne, 2009. "Auction procedures and competition in public services: The case of urban public transport in France and London," Utilities Policy, Elsevier, vol. 17(2), pages 166-175, June.
    6. Iossa, Elisabetta & Martimort, David, 2016. "Corruption in PPPs, incentives and contract incompleteness," International Journal of Industrial Organization, Elsevier, vol. 44(C), pages 85-100.
    7. Koessler, Frédéric & Lambert-Mogiliansky, Ariane, 2013. "Committing to transparency to resist corruption," Journal of Development Economics, Elsevier, vol. 100(1), pages 117-126.
    8. Peng Hao & Jun-Peng Guo & Eoghan O’Neill & Yong-Heng Shi, 2023. "When Will First-Price Work Well? The Impact of Anti-Corruption Rules on Photovoltaic Power Generation Procurement Auctions," Sustainability, MDPI, vol. 15(4), pages 1-24, February.
    9. Ariane Lambert-Mogiliansky, 2011. "Corruption and Collusion: Strategic Complements in Procurement," Chapters, in: Susan Rose-Ackerman & Tina Søreide (ed.), International Handbook on the Economics of Corruption, Volume Two, chapter 4, Edward Elgar Publishing.
    10. Shinya Horie, 2017. "Procurement Auctions with Uncertainty in Corruption," Discussion Papers 1710, Graduate School of Economics, Kobe University.
    11. Chandel, Shivangi & Sarkar, Shubhro, 2023. "Corruption in multidimensional procurement auctions under asymmetry," Economic Modelling, Elsevier, vol. 120(C).
    12. Yeon-Koo Che & Elisabetta Iossa & Patrick Rey, 2021. "Prizes versus Contracts as Incentives for Innovation [Subgame Perfect Implementation Under Information Perturbations]," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 88(5), pages 2149-2178.
    13. Chiara Carboni & Elisabetta Iossa & Gianpiero Mattera, 2017. "Barriers to Public Procurement: A Review and Recent Patterns in the EU," IEFE Working Papers 92, IEFE, Center for Research on Energy and Environmental Economics and Policy, Universita' Bocconi, Milano, Italy.
    14. Arozamena, Leandro & Weinschelbaum, Federico, 2009. "The effect of corruption on bidding behavior in first-price auctions," European Economic Review, Elsevier, vol. 53(6), pages 645-657, August.
    15. Nicolas Campos & Eduardo Engel & Ronald D. Fischer & Alexander Galetovic, 2019. "Renegotiations and corruption in infrastructure: The Odebrecht case," "Marco Fanno" Working Papers 0230, Dipartimento di Scienze Economiche "Marco Fanno".
    16. Ariane Lambert‐Mogiliansky & Konstantin Sonin, 2006. "Collusive Market Sharing and Corruption in Procurement," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 15(4), pages 883-908, December.
    17. Frédéric Koessler & Ariane Lambert-Mogiliansky, 2012. "Optimal Extortion and Political Risk Insurance," Working Papers halshs-00672963, HAL.
    18. Shubhranshu Singh, 2017. "Competition in Corruptible Markets," Marketing Science, INFORMS, vol. 36(3), pages 361-381, May.
    19. Giuseppe Albanese & Federico Antellini Russo & Roberto Zampino, 2015. "Crime and public procurement, evidence from municipalities," Questioni di Economia e Finanza (Occasional Papers) 294, Bank of Italy, Economic Research and International Relations Area.
    20. Þevket Alper Koç, 2008. "Effects Of Asymmetry On Ex Ante Corruption At Auctions," Bogazici Journal, Review of Social, Economic and Administrative Studies, Bogazici University, Department of Economics, vol. 22(1+2), pages 17-33.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:15:y:2023:i:21:p:15421-:d:1270251. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.