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Request for Compensation of the Expenses Related to Protection of Rights Procedure

It is possible to request the compensation of the expenses until contracting authority or Republic Commission for protection of Rights in Public Procurement Procedures (hereinafter: Republic Commission) make the decision on request for protection of rights.

If request for protection of rights is founded, contracting authority must upon receiving written request compensate the claimant the expenses related to protection of rights procedure. It is important that the request for compensation of the expenses is submitted before contracting authority or Republic Commission make the decision on request for protection of rights. In the opposite, claimant loses the right to be compensated. Request for compensation of expenses may be submitted within request for protection of rights, or separately before contracting authority or Republic Commission make the decision on request for protection of rights. In every case, the claimant must precisely quote the expenses he's requesting to be compensated.

If request for protection of rights is not well founded, claimant must upon receiving written request compensate contracting authority the expenses related to the protection of rights procedure. Contracting authority may request the compensation of the expenses related to the protection of rights procedure before Republic Commission makes its decision on request for protection of rights. In the opposite, contracting authority loses the right to be compensated. Contracting authority must precisely quote the expenses it requests to be compensated.

Both parties to the procedure defray the expenses caused by their actions respectively.

If the request for protection of rights was partially adopted, Republic Commission decides whether both parties will defray their own expenses, or the expenses will be divided proportionally to the adopted request for protection of rights.

Only enforceable decision is the one made by 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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