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Decision Making and Method of Operation

Work in Panels of Three Members

Republic Commission operates and makes decisions in panels of three members. These panels have to consist of at least two members chosen in accordance with the Article 141 paragraph 3 of Public Procurement Law, meaning that at least two members of each panel have to meet prerequisites to be elected Basic Court Judge, except condition concerning Judicial Academy, and have at least three years of work experience regarding public procurement. Panel president can only be the person meeting these requirements.

Presence of all members of a panel is necessary for a decision made to be valid.

Republic Commission's Member cannot decide in protection of rights procedure if his or hers relationship with a party in the procedure equals relationship of contracting authority's representative and bidder, as in Article 29 of Public Procurement Law.

Work in General Sessions

Principal legal positions concerning application of regulations covering the scope of responsibilities of Republic Commission are being adopted at general sessions attended by President and all Members of Republic Commission. President calls for general sessions as per actual need, per demand of four Members of Republic Commission, or if there is discrepancy in application of regulations between panels.

Experts Participation

An expert might take part in work of a panel. Republic Commission compiles and maintains the list of experts, who in accordance with prerequisites of the law may take part in operations of Republic Commission. This list of experts may include only persons that are in the registry of court experts and that at the same time have passed the exam for public procurement officer.

Panel decides to hire an expert if it estimates that it is necessary to properly establish findings of fact and accordingly make a decision.

Claimant and contracting authority may propose hiring of an expert in case the estimated value of the public procurement exceeds the amount from Article 57 of Public Procurement Law. The panel deciding on public procurement in question at the same time decides on such proposal. It can decide that two experts from the expert list named by claimant and contracting authority get hired. The party that hired the expert covers the expenses reimbursement and expert's fee, in accordance with the tariff established by Republic Commission. Claimant and contracting authority cannot name the expert with whom they have a relationship equal to the relationship of contracting authority's representative and bidder, as in Article 29 of Public Procurement Law.

The expert does not have the right to vote for a decision of a panel.

Oral Hearing

Parties in the proceedings may propose that oral hearing is organized, if the complexity of findings of fact or legal situation calls for it.

Claimant can propose oral hearing through submitted request for protection of rights, and contracting authority may propose it in its response to the request for protection of rights.

Republic Commission decides on proposal for oral hearing.

Oral hearing is public and will be held on the premises of Republic Commission.

Oral hearing will be closed for public if that is necessary for protection of trade secret in accordance with the law related to trade secret protection, or for data protection in accordance with the law related to data protection.

The record on oral hearing is kept.

Deadline to Make and Deliver a Decision

Republic Commission has to decide on request for protection of rights within 20 days from the day it received regular request for protection of rights, and not later than 30 days from the day regular request for protection of rights was submitted. If Republic Commission before making its decision asks contracting authority, claimant, other parties to the proceeding or third party for additional documents, data, explanations, or opinions, deadline for making a decision starts from the day it received said documents, data, explanations or opinions. Exceptionally, in justifiable situations this deadline for making decision can be extended for 15 days, and both contracting authority and claimant are informed on this and reasons for this extension are given.

Republic Commission has to decide on appeal on contracting authority's conclusion within 8 days from the day it received the appeal.

Republic Commission has to decide on appeal on conclusion of Public Procurement Office within 8 days from the day it received the documents regarding the negative referral.

The written decision of Republic Commission is to be delivered to contracting authority, claimant and selected bidder within five days from the day the decision was made.

ACCOUNTABILITY

Republic Commission is accountable to National Assembly.

Republic Commission delivers six month report on its activity to National Assembly, no later than September 30th and March 31st.

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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