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Appeal to the Conclusion of Contracting Authority

Republic Commission for Protection of Rights in Public Procurement Procedures (hereinafter: Republic Commission) decides on appeal to the conclusion of contracting authority. Contracting authority makes a conclusion if assessing the submitted request shows that necessary procedural prerequisites for deciding on soundness of the request for protection of rights are missing. Procedural prerequisites concern timeliness of the request, authority of the person that submitted it to submit it, as well as necessary contents of the request for protection of rights.

Contracting authority makes a conclusion in response to the request for protection of rights in the following cases:

If it establishes that the request for protection of rights was submitted after the expiry of the deadline, contracting authority makes a conclusion to dismiss the request as untimely.

If it establishes that the request for protection of rights was submitted by a person lacking authority to do so, contracting authority makes a conclusion to dismiss the request due to the lack of authority.

If it establishes that supplement to the request for protection of rights has not been submitted within the deadline prescribed by law and/or in accordance with the invitation to supplement the request, contracting authority makes a conclusion to dismiss the request for protection of rights as incomplete. Namely, if request for protection of rights does not contain all the necessary information prescribed by Article 151 paragraph 1 of Public Procurement Law, claimant is being invited to supplement the request within two days from the day request was received. If claimant fails to do so within the given deadline, or if he fails to supplement the request for protection of rights in accordance with the invitation, contracting authority makes a conclusion to dismiss such request for protection of rights.

Against any of the above mentioned conclusions of contracting authority claimant may submit the appeal to Republic Commission within three days from the day he received the conclusion, whereas the copy of the appeal is at the same time delivered to the contracting authority.

Republic Commission makes a decision to confirm or cancel the conclusion of contracting authority. Republic Commission is obliged to explain its decision and order contracting authority to undertake certain activities within 25 days, in order to complete public procurement procedure in question regularly and legally.

Republic Commission is obliged to decide on appeal to conclusion of contracting authority within eight days from the day it received the appeal.

Before it makes a decision on appeal to contracting authority's conclusion, Republic Commission may ask contracting authority, claimant, other parties to the procedure, Public Procurement office or third party to submit additional documents, data, explanations or opinions, and it may also inspect other documents of the parties to the procedure, as well as collect other information needed for making of its decision.

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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