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News

19. 04. 2017

Working visit to the Slovenian institutions in the field of protection of rights, competition and anti-corruption

Representatives of Republic Commission for Protection of Rights in Public Procurement Procedures, within UNDP project support as well as TAIEX technical support, on 19th,20th and 21st April 2017, visited National Review Commission responsible for protection of rights in public procurement procedures in Republic of Slovenia, Competition Protection Agency and Commission for the Prevention of Corruption.

At the meeting held at National Review Commission, the legal matters of relevance for protection of rights in public procurement procedures both in Republic of Serbia and Republic of Slovenia have been discussed. The emphasis was on comparative practice regarding making of decisions in the field of protection of rights, hamonisation with EU Directives in the field of public procurement, new national legislation in this area as well as the role of European Court of Justice in creation of EU legislation in the field of public procurement.

At the meeting held at Competition Protection Agency the issues of common interest have been discussed, before all the segment related to the collusive tendering practices in a public procurement procedure (so called "bid-rigging"), as well as the matters connected with the way how to deepen existing cooperation of the bodies in charge of legal protection (remedies) and bodies in charge of protection of competition, both on national and regional level.

At the meeting held at Commission for the Prevention of Corruption the topics of discussion were liaised with anti-corruption policy in the area of public procurement, then with issues related to conflict of interest in public procurement, as well as Slovenian and European practices in disclosure of corruptive activities in public procurement procedures. Specific emphasis the colleague from Slovenia put on the issue related to existence of conflict of interest during the procurement of medical products.

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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