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KEY INNOVATIONS IN PUBLIC PROCUREMENT LAW

KEY INNOVATIONS IN PUBLIC PROCUREMENT LAW. Svetlana Razic Public Procurement Office. SISTEMATIZATION OF THE LAW.

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KEY INNOVATIONS IN PUBLIC PROCUREMENT LAW

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  1. KEY INNOVATIONS IN PUBLIC PROCUREMENT LAW Svetlana Razic Public Procurement Office

  2. SISTEMATIZATION OF THE LAW • Same or similar legal institutes are defined by the same article (e.g.article 7.- procurements excused from the law; article 23.-negotiating procedure after public announcement; article 24.- negotiating procedure without public announcement)

  3. TENDER DOCUMENTATION • Tender documentation has 8 obligatory elements; • Procurement entity is obliged to mark every page of tender documentation with number and total number of pages; • There is no deadline for taking of tender documentation;

  4. CONDITIONS FOR PARTICIPATION IN PUBLIC PROCUREMENT PROCEDURE • 7 necessary conditions for participation; • Defined in the same way for persons and legal entities; • Proper implementation of provisions of article 44. of the Law to natural persons as bidders.

  5. PROVING OF CONDITIONS’ FULFILMENT • Evidences may be delivered in verified copies; • Evidences may be older than 6 months, with two exceptions: • Credential which proves that firm is not restrained from certain activity, must be issued after public announcement, that is, the day when call for submitting proposals was sent, • Credential of authorized tax organ and authorized organ that procurement entity is in the process of privatization may be issued before publishing of announcement, if from the day of its publishing till the day of publishing of announcement, that is, the day when call for submitting proposals was sent,more than 6 months hasn’t passed.

  6. NEGATIVE REFRENCES • Represent possibilities for purchasing entity to reject bid, if possesses evidence that bidder did not fulfill its obligations under previous public procurement contracts (if public procurement subject is same)

  7. PUBLIC PROCUREMENT PROCEDURES • Open procedure • Restrictive procedure • Negotiating procedure after public announcement • Negotiating procedure without public announcement • Competition for drafts • Procedure of public procurements of small value

  8. PUBLISHING OF ADVERTISMENTS • Public procurement advertisements are published in “Official Gazette of RS” • If the value of public procurement is beyond the limit determined by the Budget Law of the Republic of Serbia for procurements of small value, advertisements are published on the Public Procurement Portal

  9. OPPENING OF BIDDINGS • Opening of bids and application is PUBLIC (article 75. para 1. of the Law)

  10. FINALIZING OF PUBLIC PROCUREMENT PROCEDURES Procedures are finalized in two ways: • With decision on the choice of most successful bid • With decision on finalization of procedure

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