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About Us

Republic Commission for Protection of Rights in Public Procurement Procedures (hereinafter Republic Commission) is an independent institution of Republic of Serbia providing protection of rights in public procurement procedures. It was established in 2002, based on Public Procurement Law ("Official Gazette of Republic of Serbia" no. 39/02, 43/03 and other, 55/04, 101/05 and other), but throughout the years it has partially changed its scope of responsibilities, organization and ways of operating, its members and ways its members and president are chosen.

Public Procurement Law ("Official Gazette of Republic of Serbia" no. 124/12) prescribes responsibilities, composition and ways to elect current Republic Commission.

Republic Commission consists of a President and six Members elected for the five year period.

National Assembly of Republic of Serbia on March 26th 2013, on the Second Session of the First Regular Sitting adopted Draft of the Decision for Election of President and Members of Republic Commission, published in "Official Gazette of Republic of Serbia" no. 29 on March 29th 2013, and based on it Sasa Varinac was elected President of Republic Commission, while Hana Hukic, Vesna Stankovic, Vesna Gojkovic Milin, Zeljko Groseta, Branislav Cvetkovic and Ristivoje Djokic were elected members of Republic Commission.

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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