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PUBLIC PROCUREMENT IN CROATIA Bojan Hlaca. PUBLIC PROCUREMENT. Main legal act- Public Procurement Act http://www.javnanabava.hr/userdocsimages/userfiles/file/ZAKONODAVSTVO%20RH/ENGLESKI/ZAKONI/Public%20Procurement%20Act-OG%2090-2011.pdf
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PUBLIC PROCUREMENT IN CROATIA Bojan Hlaca PUBLIC PROCUREMENT IN CROATIA
PUBLIC PROCUREMENT • Main legal act- Public Procurement Act http://www.javnanabava.hr/userdocsimages/userfiles/file/ZAKONODAVSTVO%20RH/ENGLESKI/ZAKONI/Public%20Procurement%20Act-OG%2090-2011.pdf • (NN 010/2012) complying to EU directives 2004/17/EC, 2004/18/EC, 2005/75/EC, 2005/51/EC, 2007/66/EC, 2009/81/EC • Applies to public bodies, local and regional government units, bodies financed from public sources more than 50%, entities supervised by public bodies • The Central Procurement Office-central body for public procurement in Croatia PUBLIC PROCUREMENT IN CROATIA
TRESHOLDS • High value and lesser value procurement-important division • Procurement of high-value is procurement where the estimated value is equal to or greater than the value of the European thresholds • Procurement of lesser value is procurement where the estimated value is smaller than the European thresholds • The Act need not be applied to procurement the estimated value of which is less than HRK 70.000.00(cca. 10.000€) PUBLIC PROCUREMENT IN CROATIA
TRESHOLDS EU tresholds apply in Croatia also: Public works contracts-5.000.000€ Supply and service contracts for state bodies-130.000€ Supply and service contracts for local and regional government units-200.000€ Supply and service contracts for in the fields of transport,drinking water, energy supply and defense-400.000€ PUBLIC PROCUREMENT IN CROATIA
CENTRAL PROCUREMENT OFFICE The Central Procurement Office is a professional service of the Government of the Republic of Croatia carrying out the tasks of central procurement for central state administration bodies, which include: • establishing the overall procurement requirements for products and services of entities bound by central procurement and setting up a database of requirements of entities bound by central procurement according to procurement categories; • coordinating the activities among the entities bound by central procurement; • market research; • planning the implementation of procurement procedures; • setting up and managing the database of awarded contracts and framework agreements, and submitting statistical reports to the Government of the Republic of Croatia; • implementing advanced technologies in public procurement procedures; • administrating the central procurement portal and publishing awarded contracts and framework agreements, and contracts awarded based on the framework agreements; PUBLIC PROCUREMENT IN CROATIA
CENTRAL PROCUREMENT OFFICE • drawing up tender documents and other necessary documentation; • implementing procurement procedures; • contracting; • control of the execution of contracts and framework agreements; • analysing the efficiency of central procurement through continuous monitoring of savings made; • drawing up proposals of decisions specifying products and services purchased through central procurement; • carrying out other tasks that by their nature fall within the scope of their work. PUBLIC PROCUREMENT IN CROATIA
PUBLICATION • All tenders above minimum treshold of 70.000 HRK have to be published in Electronic Public Procurement Classifieds https://eojn.nn.hr/Oglasnik/clanak/electronic-public-procurement-of-the-republic-of-croatia/0/81/ • Tenders above EU tresholds need to be published in TED database as of 1 July 2013 when Croatia is to become a full EU member, but publication of smaller tenders is optional and now are published only occasionally • Other publication is desirable PUBLIC PROCUREMENT IN CROATIA
LEGAL PROTECTION • The State Commission for the Supervision of Public Procurement Procedures is competent for deciding on appeals in the procedures, for awarding public procurement contracts, concluding framework agreements and design contests governed by the Public Procurement Act • Time limits for appeals depend on the value of contract and procedure used in tender PUBLIC PROCUREMENT IN CROATIA
POINTS OF REFERENCE • Portal of public procurement http://www.javnanabava.hr/default.aspx?id=3985 • Central Procurement Office http://www.sredisnjanabava.hr/home • State Commission for Supervision of Public Procurement Procedure http://www.dkom.hr/default.aspx?id=36 PUBLIC PROCUREMENT IN CROATIA
ENTERPRISE EUROPE NETWORK CROATIAN CHAMBER OF ECONOMY een@een.hr www.een.hr PUBLIC PROCUREMENT IN CROATIA