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Competences

Within its competences, Republic Commission:

Decides on request for protection of rights

Republic Commission decides within the scope of submitted request for protection of rights and has to make a statement on all allegations of the claimant, as well as on the breaches the claimant was not aware of, which influenced the decision of contracting authority in public procurement procedure.

Decides on appeal on procuring entity's conclusion

The Public Procurement Law prescribes that bidder can submit an appeal on the conclusion of the contracting authority in a way and within the deadline set by the law. The contracting authority makes a conclusion for example when it dismisses the request for protection of rights as untimely, incomplete or due to the lack of active legitimation or lack of competence. Deciding on submitted appeal, Republic Commission makes a decision which either annuls or confirms the conclusion of the contracting authority.

Decides on appeal on conclusion made by Public Procurement Office

Public Procurement Office establishes the existence of negative referral through a conclusion made within ten days from receiving the evidence for negative referral. An appeal on this conclusion can be submitted to Republic Commission, which in turn makes a decision to either annul or confirm the conclusion of Public Procurement Office.

Decides on contracting authority's proposal to allow conclusion of public procurement contract

Contracting authority cannot conclude public procurement contract with a bidder if there is a conflict of interest. However, contracting authority may submit a proposal to Republic Commission to allow conclusion of public procurement contract in accordance with the law, and Republic Commission makes a decision to adopt or dismiss said proposal.

Decides on contracting authority's proposal that submitted request for protection of rights does not prevent the decision making, that is conclusion of the contract or framework agreement

Request for protection of rights suspends further activities of contracting authority in public procurement procedure until decision is made on submitted request for protection of rights, unless otherwise prescribed by Public Procurement Law. Contracting authority may submit proposal to Republic Commission to allow continuation of activities in public procurement procedure and enable contracting authority to make a decision, i.e. conclude contract or framework agreement before the decision on submitted request for protection of rights is made. Republic Commission makes a decision to adopt or dismiss said proposal.

Decides on contracting authority's proposal that request for protection of rights submitted after the public procurement contract has been concluded in accordance with the Article 112 paragraph 2 of Public Procurement Law does not suspend the execution of the contract

Contracting authority might conclude public procurement contract before the expiry of the deadline for submitting requests for protection of rights: based on framework agreement; in case of negotiated procedure due to the extreme urgency of public procurement (Article 36, paragraph 1, point 3 of PPL); in case dynamic procurement system is applied; in case of low value public procurement whose value doesn't not exceed 400.000 RSD (Article 39, paragraph 6 of PPL); if only one bid was submitted, except in negotiated procedure without invitation to bid. If request for protection of rights is submitted after the public procurement contract has been concluded, the execution of the contract is not allowed without permission of Republic Commission. Contracting authority submits the proposal to Republic Commission, which adopts or dismisses it with its decision.

Decides on proposal of claimant to prohibit concluding or execution of public procurement contract

If request for protection of rights was submitted in case of negotiated procedure for reasons of extreme urgency of public procurement (Article 36, paragraph 1, point 3 of PPL), claimant can propose Republic Commission to make a decision to prohibit conclusion or execution of public procurement contract. Republic Commission adopts or dismisses such proposal with its decision.

Decides on expenses of protection of rights proceedings and expenses of bid preparation

It is possible to request reimbursement of expenses for protection of rights proceedings before contracting authority or Republic Commission decide on submitted request for protection of rights. Bidder can request reimbursement of the expenses related to making sample or model, if they are made in accordance with technical specifications of contracting authority, as well as reimbursement of expenses related to provisions of security, only within the bid through the form for expenses of bid preparation. Bidder is entitled to reimbursement of said expenses if public procurement proceeding is cancelled from the reasons caused or related to contracting authority. Republic Commission decides on reimbursement of expenses and its decision is executive.

Monitors and controls execution of its decisions

Republic Commission can ask contracting authority to submit report, documents and statements of its representatives regarding execution of Republic Commission's decision.

Members of Republic Commission may conduct control of execution of Republic Commission's decisions, on which they inform contracting authority at least three days before the control. They also may conduct unannounced control of contracting authority. Control of contracting authority is conducted by at least two Members of the Council of Republic Commission that decided on public procurement procedure in question.

Member of Republic Commission conducting the control is authorized to: review and copy documents related to relevant public procurement; seal premises and documents during conducting of the control; take statements of contracting authority representatives and other employees, and if necessary issue a written statement establishing deadline for submitting said statements to Republic Commission.

Imposes fines to contracting authorities and accountable persons of contracting authority and proposes compulsory retirement of managers or accountable persons of contracting authority

The council of Republic Commission which decides on request for protection of rights prescribes fines. Fine is prescribed if: contracting authority fails to act in a way and within the deadline set in Article 153 paragraph 1 of PPL; fails to submit additional documents, data, explanations or opinions after it's been asked to and within a deadline given by Republic Commission; fails to submit report and statements of contracting authority's representatives on implementation of the Republic Commission's decision; fails to enable control in accordance with Article 161 of PPL; fails to implement Republic Commission's decision.

Republic Commission may submit proposal for compulsory retirement of manager or accountable person of contracting authority in case it establishes that despite the fines prescribed within protection of rights procedure or offence proceedings said persons failed to comply with Republic Commission's decision or continued to violate provisions of PPL.

Proposal for compulsory retirement is being submitted to the institution monitoring operations and businesses of contracting authority.

Imposes fines to claimant in case of misuse of request for protection of rights

Republic Commission may prescribe fine to the claimant if it establishes that said claimant misused request for protection of rights and submitted it in order to achieve some other goal, and not the one which grants the right to submit the request.

Annuls public procurement contract

Republic Commission may by itself or upon request of a claimant or an interested party, annul public procurement contract in accordance with the reasons cited in Article 163 of PPL.

Request to annul public procurement contract is submitted along the request for protection of rights or within 30 days from the day reason for annulment became known, and at the latest a year after the contract has been concluded.

If annulment of a public procurement contract would have immeasurable consequences to the work or operations of contracting authority, or to the interests of Republic of Serbia, Republic Commission will not annul the contract, but it might reduce the validity period of the contract, or it might impose a fine.

Initiates minor offence proceedings in the first instance for the offences prescribed by Public Procurement Law

Public Procurement Office, State Audit Institution or other authorized institutions may request Republic Commission to initiate offence proceedings, immediately after they became aware of the existence of the offence. Minor offence proceedings may also be initiated ex officio.

Members of Republic Commission that were part of the council deciding on request for protection of rights related to the same public procurement procedure, cannot be part of the council conducting offence proceedings.

Initiates proceedings for establishment of annulment of public procurement contract

Republic Commission will file a lawsuit to establish annulment of public procurement contract, if it learns that concluded public procurement contract is null.

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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