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News

20. 09. 2016

„Round table on irregularities in the review procedures” and „Workshop with Serbian Association of Public Procurement Professionals“

Within the EU „Twinning Light“ project „“Fostering of Protection of Rights in Public Procurement Procedures in Republic of Serbia“, a regional round table o irregularities in the review procedures was held on 7 September 2016 in Belgrade 2016. The round table gathered the high representatives of the authorities in charge for protection of rights from Slovenia, Croatia, Montenegro, BiH, FYROM and Serbia. The meeting was also attended by the high representatives of other national institutions relevant for public procurement (State Audit Institution, Public Procurement Office, Anticorruption Agency etc.). Conclusion of the conference was that regional cooperation and exchange of experience are vital for strengthening of the system of protection of rights in public procurement, its development and improvement.

As follow-up of the previous event, a joint workshop of the bodies in charge for protection of rights from Slovenia, Croatia, Montenegro, BiH, FYROM and Serbia with representatives of Serbian Association of Public Procurement Professionals was held on 8 September. That was opportunity to present most important results of the mentioned „Twinning Light“ project (analyses, recommendations, brochures etc.) to the representatives of Association. During the workshop, the “good practice” experience was also exchanged given that the challenges and problems in the area of protection of rights in the countries of the region are very similar. Stevan Radunovic, president of Serbian Association of Public Procurement Professionals talked about efficiency of the system of protection of rights from the contracting authorities’ point of view.

Odluke novčano kažnjavanje Odluke zaštita prava Uporedno-pravna praksa iz zastite prava u postupcima javnih nabavki

Principal Legal Positions

If certain constituent parts of a bid do not contain some of the data bidder was obliged to supply in the bid, in accordance with the requests of contracting authority as stated in tender documents, contracting authority cannot reject such bid due to the serious deficiencies if bidder provided requested data in some other part of the bid, which enables contracting authority to establish actual contents of the bid with regards to the Article 106 Paragraph 1 Point 5 of Public Procurement Law. Explanation:

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Fact that bidder has not signed the last page of the model of the contract that is a constituent part of a bid, if this is prescribed by tender documents, presents the reason to reject the bid as unacceptable in accordance with the Article 106 Paragraph 1 Point 5 of Public Procurement Law, as signing of the model of the contract represents consent of the bidder with the contents (elements) of the contract that contracting authority would conclude with the chosen bidder, and intent of the bidder to really conclude such a contract in case his bid gets chosen as the most favorable one, without possibility to additionally demand changes of certain elements of the public procurement contract. If the obligation to sign the last page of model of the contract as a constituent part of a bid is not prescribed in tender documents, the contracting authority will, before initiating the expert evaluation of bids in accordance with the Article 93 Paragraph 1 of Public Procurement Law, request the bidders that have not signed the last page of the model of the contract to state whether or not they completely agree with the model of the contract and whether or not they accept to conclude the contract in accordance with the model of it in case they are awarded the contract. Explanation:

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If several bidders in public procurement procedure undoubtedly offer identical goods of the same manufacturer, and only one of them submits the proof of domestic origin of the said goods, contracting authority is not obliged to act in accordance with Article 86 Paragraph 9 of Public Procurement Law and to ask the rest of the bidders to submit evidence of domestic origin of the goods they are offering, but it will be deemed that all of the bidders have offered goods of domestic origin. Explanation:

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