Dimov&Tashev Law Firm

November 30, 2011 | Changes in legal regime of Public Procurements

 

The draft Act for amendment of the Public Procurements Act has been prepared in furtherance of the Concept for changes in the Public Procurement legislation in 2011, as adopted by the Council of Ministers on 12 January 2011. The main objective of that concept is to lay down measures aiming at improvement of the public procurement process, as well as to provide prerequisites increasing the efficiency of processing means from the European funds.

 

The draft Act envisages introduction of an obligation for each Assignor of small public procurements to publish invitation towards the potential assignees on the public procurement website, as well as on its own website. All interested parties will have to be given access to the invitation for at least 7 days. This procedure has been regulated by means of amendments to the Public Procurement Act, as adopted at second reading by the parliament on 10 November 2011. The proposed amendments will promote transparency and publicity in public procurements assignment process.

 

The amendments also envisage revocation of  the obligation for mandatory publishing of the public procurement announcement in the State Gazette, however the assignor will be obligated to announce the information with the public procurements register which is supported by the Public Procurement Agency, whereas in certain cases - with the Official Journal of the European Union.

 

It is also envisaged that the Regulation on assignment of small public procurements shall be revoked, whereas the respective provisions in this regard - incorporated within the Public Procurement Act itself. Thus, it is assumed that assignors' difficulties in implementing various regulatory acts and the different interpretation and construance thereof will be overcome. From now on, the Public Procurement Agency will control the announcements for opening of procurement procedures involving European financing, as well as the methods for evaluation of offers, whereas in respect of certain types of procedures - even the resolution for the opening of the procedure. It is expected that these changes shall have effect on the lawfulness of the procedures, as well as the processing of means from European funds. The proposed amendments shall regulate cases where assignor will be in position to directly assign certain activity to a related company. That will be possible only in the event when mayors of municipalities assign services contracts to companies with such specific scope of activities.