Name of the law on public procurement Law Named the Bill the public procurement Bill of acceptance Date 02/02/2016 number/year Official Gazette 13/2016 Decree No 18
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the public procurement Act, passed by the National Assembly on HLIÌI, 2 February 2016.
Issued in Sofia on 12 February 2016.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Catherine Dana
LAW
for public procurement
PART ONE
BASICS
Chapter one
THE SUBJECT, PURPOSE AND PRINCIPLES
Object and purpose
Art. 1. (1) this law shall lay down the conditions and procedure for the award of public contracts for works, supplies or services and to conduct design contests of entities with the aim of ensuring efficiency in the use of:
1. public funds;
2. the funds provided by EU funds and programmes;
3. the funds relating to the performance of activities in the sectors of water, energy, transport and postal services;
4. the funds of companies and enterprises which are contracting authorities within the meaning of the law.
(2) procurement is the acquisition by one or more entities by means of contract for procurement of works, supplies or services of selected performers of them intended for public purposes or for the purposes of public entities and in sectoral entities – for the implementation of sectoral activities.
Principles
Art. 2. (1) contracts shall be awarded in accordance with the principles of the Treaty on the functioning of the European Union (TFEU), and in particular those on the free movement of goods, freedom of establishment and freedom to provide services and mutual recognition, as well as with the principles of:
1. equality and non-discrimination;
2. free competition;
3. proportionality;
4. publicity and transparency.
(2) if the award of contracts, contracting entities shall have no right to restrict competition by including conditions or requirements that give unjustified advantage or unreasonably restrict the participation of economic operators in public procurement and which are not in conformity with the object, the value, complexity, quantity or volume of the contract.
Chapter two
SCOPE
Objects of public procurement
Art. 3. (1) the Objects of public procurement are:
1. construction, including:
a) execution, or both the design and execution of works related to one of the activities referred to in annex 1;
b) execution, or both the design and execution of construction;
2. supplies of goods carried out by purchase, lease, rental or finance lease, with or without the right to purchase, as well as all the necessary preliminary activities in the use of the goods, such as installation or erection, testing machines and equipment, etc.;
3. provision of services.
(2) For construction under para. 1, item 1 (b) to adopt and implement the construction for which the contracting authority has a decisive influence on the type or design, no matter the form of cooperation and the origin of the resources.
Nomenclatures
Art. 4. (1) the award of public contracts are used the codes in Common procurement vocabulary, adopted by Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the common procurement vocabulary (CPV).
(2) when the contracting entities other nomenclatures used in their activities, in the award of contracts must be disclosed their conformity with the common glossary.
Entities of public procurement
Art. 5. (1) the contracting entities are responsible for the correct prediction, planning, conducting, and reporting on completion results of public procurement. Contracting entities are public and sectoral.
(2) Public contracting entities are:
1. the President of the Republic of Bulgaria;
2. the President of the National Assembly;
3. the Prime Minister;
4. the Ministers;
5. the Ombudsman of the Republic of Bulgaria;
6. the Governor of the Bulgarian National Bank;
7. the President of the Constitutional Court of the Republic of Bulgaria, the administrative heads of the organs of the judiciary, who run private budgets, as well as the administrative heads of the public prosecutors ' offices in the country;
8. District Governors;
9. the mayors of municipalities, regions, municipalities, as well as mayoral deputies, when ushers with budget;
10. the chairpersons of State agencies;
11. the Chairmen of the State committees;
12. the Executive Directors of executive agencies;
13. the heads of government institutions established by law or by Decree of the Council of Ministers, including separate structures of the organs of executive power, where they are legal persons and ushers with budget;
14. representing public bodies;
15. Heads of diplomatic and consular representations of the Republic of Bulgaria abroad, as well as to the permanent representations of the Republic of Bulgaria to international organizations;
16. representing the hospitals – commercial companies under art. 36-37 of the law on medical institutions owned by the State and/or municipalities, of which more than 50 per cent of revenues are from the State and/or municipal budget, and the budget of the national health insurance fund;
17. the heads of central purchasing bodies set up to meet the needs of public entities.
(3) Public entities are entities and associations of the Al. 2, item 1 – 16.
(4) Sectoral entities are:
1. representing public undertakings and their associations when carrying out one or more sectoral activities;
2. representing the merchants or other persons who are not public undertakings, where, on the basis of special or exclusive rights to carry out one or more sectoral activities;
3. Heads of central purchasing bodies, created to satisfy the needs of sectoral entities.
(5) where a public entity carrying out sectoral activity, assign the contracts for the purpose of sectoral activity, it shall apply the rules applicable to the sectoral entities.
Employer for a specific event
Art. 6. (1) the rules of this law shall also apply where public funds are financed directly by more than 50 percent of any of the following activities:
1. with an estimated construction value greater or equal to 5 0000 0000 BGN.;
2. the services referred to in paragraph 1, when the estimated value is greater than or equal to EUR 408 762.
(2) in the cases referred to in para. 1 the person who awarded, whether finansiraŝiât or body funded person acts as contracting authority for this particular case.
Delegation of powers
Art. 7. (1) the contracting authority may appoint an official who arrange and/or awarded contracts.
(2) except as provided in para. 1, in the absence of the contracting authority, its powers relating to the award of contracts shall be carried out by the person who replaces him pursuant to regulatory, administrative or other Act, which specifies the representation of the client.
(3) the option referred to in para. 1 can not be used for Division of public procurement in order to circumvent the law.
Joint procurement
Art. 8. (1) two or more Contracting authorities may conclude an agreement on joint procurement, which govern all organizational, technical and financial issues related to the conduct of the procedure, the conclusion of contracts, the distribution of the works, supplies or services which are the object of the contract, and others.
(2) in the cases referred to in para. 1 each contracting entities shall be responsible for the implementation of their obligations under the law, whether the procedure for the award of a public contract shall be carried out jointly in the name and on behalf of all entities, or one of the contracting entities are to perform technical activities on the conduct of the procedure, as it represents both yourself and other entities.
(3) in the cases referred to in para. 1, when parts of the procedure for the award of a public contract not be held jointly in the name and on behalf of all entities, each of them responsible for those parts which are carried out jointly. Every employer is responsible for the implementation of their obligations under the Act in respect of the parts that are held in their own name and for its own account.
Joint procurement by entities from other Member States
Art. 9. (1) the contracting authorities may award their public contracts, to conclude framework agreements or to manage a dynamic purchasing system jointly with entities from other Member States. In the case of joint framework agreements and dynamic purchasing systems can independently contracting entities award contracts for public works contracts.
(2) where issues relating to joint procurement, are not covered by an agreement concluded between the Republic of Bulgaria and another Member State, the relevant contracting authorities conclude an agreement establishing:
1. obligations of the parties and the applicable national provisions that shall be specified in the documentation for the contract;
2. organizational, technical and financial issues related to the conduct of the procedure, the conclusion of contracts, the distribution of the works, supplies or services which are the object of the contract, and others.
(3) where a contract for the contract has been concluded in the name and for the account of one of the participating in the joint procurement entities and other participating entities acquired the works, supplies or services thereof, it shall be presumed that the latter has fulfilled his obligations under the law.
(4) where a contracting entity establishes an association with entity by the other Member States, including European groupings of territorial cooperation within the meaning of Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) or other associations established in accordance with European Union law, the rules applicable to the award of public contracts shall be determined by decision of the competent authority of the Joint Union. These rules may be the national provisions of the Member State in which the grouping is situated or in which the unification carries on its activities.
(5) the Act under para. 4 set:
1. the time limit for the application of the rules, except where the constituent instrument of a grouping is definitely an unlimited period;
2. the species or specific orders, for which the rules are applied.
(6) contracting entities may not use the award jointly with entities from other Member States for the purpose of circumvention of the law.
Applicants, participants and contractors
Art. 10. (1) an applicant or participant in a procurement procedure can be any Bulgarian or strange aliens in natural or legal persons or their associations, as well as any other entity which has the right to perform the works, supplies or services in accordance with the legislation of the State in which it is established.
(2) contracting authorities may not require associations to have a specific legal form in order to participate in the award of the contract, but may impose a condition for the establishment of a legal person, where the set for the artist, is a grouping of natural and/or legal persons, if this is necessary for the performance of the contract. The need to create a legal person shall be justified explicitly in the decision to open the procedure.
(3) an applicant or participant may not be removed from the procedure for the award of a public contract on the basis of its status or its legal form when he or the participants in the joint are entitled to provide the relevant service, supply or works in the Member State in which they are established.
Mixed service contracts
Art. 11. (1) when the contract includes activities with more than one object under art. 3 it shall be awarded in accordance with the procedure applicable to the entity that characterized the activities – the main object of the contract.
(2) when the contract includes services and supplies, the main subject is determined depending on the service or supply, whose estimated value is highest.
(3) when the contract includes services in annex No. 2 and other services, the main subject is determined depending on the service, whose estimated value is highest.
(4) where the subject-matter of the contract contains several activities for a part of the applicable rules for public entities, and for other SEC rules – thorny entities or some of the activities fall outside the scope of the law, the contracting authority may award separate contracts for individual activities. During the award of individual activities to comply with the rules applicable to the activity. In the event that the contracting authority decides to award a blanket activities shall apply the rules applicable to public entities.
(5) not allow a decision on the award of a total order for purposes of the application of more relaxed rules on or off order from the scope of the law.
(6) where the subject matter of the contract contains an objective the integral parts, it is assigned in accordance with the procedure applicable for the portion that determines the principal object of the contract.
(7) in the contracts, which include the subject of public procurement and concession, the contract shall be awarded:
1. under the rules of that law, where the contracting authority decides to award a blanket;
2. under the rules of that law, where the subject is objectively indivisible;
3. the rules applicable to each of the activities – in all other cases.
(8) in the contract, which includes activities for the applicable rules for sectoral entities and activities that do not apply the rules of law and not subject to concession, and if it is objectively impossible to determine which of the activities is the main object of the contract or the contracting authority decides to award a blanket, it is assigned by the rules for sectoral entities.
Reserved contracts
Art. 12. (1) the Council of Ministers shall, on a proposal from the Minister of labour and social policy sets with solutions:
1. the list of goods and services in accordance with common procurement vocabulary, which are intended for the assignment of specialized enterprises or cooperatives of disabled persons or entities whose primary purpose is the social and vocational integration of people with disabilities or disadvantaged people;
2. programs to create protected jobs, within which the contracting entities shall have the right to retain orders.
(2) when drawing up the list and definition of the programmes referred to in para. 1 taking into account the ongoing national policies, strategies and programmes implemented, as well as capacities and the nomenclature of goods and services provided by companies or persons referred to in para. 1 the list if necessary, and programs are updated.
(3) in the notice, be made with the opening of the procedure for the award of a contract under para. 1, the contracting authority shall indicate that the order is preserved.
(4) the central purchasing bodies are not required to retain contracts which fall within the scope of the list under para. 1, item 1.
(5) the award of public contracts referred to in paragraph 1. 1 can engage persons, provided that at least 30 percent of their stock list is by people with disabilities or those with disabilities. In the cases referred to in para. 1 1 persons must be registered as a specialized enterprises or cooperatives of disabled persons for at least three years before the date of the opening of the procedure for the award of a public contract.
(6) Specialized enterprises or cooperatives of disabled persons can participate in public procurement under para. 1, paragraph 1, provided that they can meet at least 80 percent of its subject with its own machinery, equipment and human resources. For the implementation of the condition they may use subcontractors or rely on the capacity of the third party, if the subcontractors or third parties are specialized enterprises or cooperatives of disabled persons.
(7) the procedure for the award of the order reserved can participate and other stakeholders, but their tenders shall be considered only if there is no accepted offers of the persons referred to in para. 1.
(8) the conditions and procedures for participation, consideration of tenders, the classification and the conclusion of a contract for a reserved order are governed by the regulation for implementation of the law.
(9) the Agency shall make the list public procurement and programmes under para. 1 via the website within 7 days of the promulgation of the decisions referred to in para. 1 in the "Official Gazette" and provides a link to the register under art. 29 of the law on integration of people with disabilities.
Chapter three
EXCEPTIONS
General exceptions
Art. 13. (1) the law shall not apply to:
1. for contracts and design contests, to be awarded on the rules laid down in an international agreement concluded in compliance with the provisions of the TFEU, between the Republic of Bulgaria and one or more third countries or their autonomous areas for supplies, services or works of objects intended for the joint implementation or exploitation of the signatories;
2. for contracts and design contests, which are awarded according to the rules of an international organization or international financing institution, when they are fully financed by the organization or institution; in the case of public contracts and design contests, co-financed by more than 50 percent of the international organization or international financing institution, the Parties shall agree on the procedures applicable for the award of contracts;
3. for contracts and design contests awarded in accordance with the procedures for the award of a contract by an international organisation established in its rules;
4. in the case of acquisition or rental, by whatever financial means, of land, existing buildings or other real estate or prava on them;
5. in the case of contracts for the purchase of broadcasting time or provide shows who are assigned to media service providers;
6. in the arbitration and conciliation services;
7. for legal services related to:
and representation of the client) a law firm or an attorney in arbitration or conciliation procedure in a Member State, a third country or before the international arbitration or conciliation body or in proceedings before the Court, jurisdiction or a public authority of a Member State or a third country or before the International Court of Justice, jurisdiction or institution;
(b)) the provision of legal advice from the law firm or a lawyer in the preparation of the proceedings in the letter "a", as well as the provision of legal advice on matters that may become the subject of proceedings under the letter "a";
in the verification and validation of) documents, which must be performed by a notary;
(d) provision of) persons appointed by a court or a competent authority, or by operation of law, such as the performance of the services is under the supervision of the Court or of the competent authority;
(e)) the exercise of the functions of State power, including enforcement services provided by the bailiff;
8. in financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, including services provided in connection with the underwriting and management of the public debt, the services provided in connection with the management of the system of a single account and fiscal reserve, services provided by the Bulgarian National Bank, operations carried out by the European financial stability facility and the European stability mechanism;
9. for loans, regardless of whether they are connected with the issue, sale, purchase or transfer of securities or other financial instruments;
10. in employment relationships within the meaning of § 1, item 26 of the additional provisions of the law on income tax of individuals;
11. for services relating to civil defence, civil protection and prevention of dangers that are provided by non-profit organizations and which fall within the scope of the common procurement vocabulary codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8; 98113100-9, 85143000-3, with the exception of the services of ambulances to transport patients;
12. in the case of public passenger transport services by rail or subway when awarded in accordance with Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council regulations (EEC) No 1191/69 and (EEC) No 1107/70 of the Council (OB , L 315/1 of 3 December 2007);
13. in the case of public contracts and design contests related to defense and security areas, which are not subject to the provisions of part four:
a) the award of which is related to the provision of information, the disclosure of which is contrary to the essential interests of the security of the country, according to art. 346, (1) (a) of the TFEU, or
b) where the contracting authority is obliged to instruct and/or arrange order on specific procedural rules pursuant to international agreements or treaties concluded in compliance with the provisions of the TFEU, between the Republic of Bulgaria, on the one hand, and one or more third countries, or their autonomous areas, on the other, for supplies, services or works intended for the joint implementation or exploitation of the signatory parties, or
in the assigned to undertakings) Member State or third country in pursuance of an international agreement or contract relating to the stationing of troops, or
(d)) where the contracting authority is obliged to entrust or arrange them in accordance with the rules established by the international organization, or
e) awarded under the rules of an international organization or international financing institution, when they are fully financed by the organization or institution; in the case of public contracts and design contests, co-financed by more than 50 percent of the international organization or international financing institution, the Parties shall agree on the procedures applicable for the award of contracts or
is a basic protection) when the security interests of the country cannot be guaranteed by placing requirements aimed at protecting information that the contracting authority must provide in the contract award procedure in accordance with this law or by other measures with a lesser degree of intervention, or
(g)) implementation, which is accompanied by special security measures in accordance with the legislation in force with a view to the protection of the essential interests of the security of the country;
14. with regard to public service contracts awarded by a contracting entity to a public entity or consortium of such entities that have exclusive rights for the provision of the services pursuant to the provisions of the TFEU compatible with law, regulation or administrative action published;
15. for service contracts for research and development, when you are not any of the following conditions is true:
and benefits arise entirely) the contracting authority to use them in the conduct of its business;
(b)) the service provided is wholly remunerated by the contracting authority;
16. the compulsory social security services;
17. for contracts of insurance covering liability for nuclear damage, pursuant to the Vienna Convention on civil liability for nuclear damage, done at Vienna on 21 September 1988 (ratified by law – SG. 64 of 1994) (official SG. 76 of 1994; Corr. 91/1994) and the law on the safe use of nuclear energy.
(2) the Council of Ministers shall, on a proposal from the Minister of defence and Minister of the Interior adopted Ordinance which govern the criteria and procedure for determining the presence of essential security interests of the country, in the cases referred to in para. 1, item 13, letters "a", "e" and "g", who must be protected at the conclusion of a contract for a public contract or when running a design contest.
Exemptions applicable to public entities
Art. 14. (1) the contracting authorities do not apply the law:
1. when a public employer who performs activities related to postal services, assign the contracts or design contest held in connection with the performance of any of the following activities:
a) service contracts awarded in order to make a profit, connected by electronic means, and submitted entirely by such means (including the secure transmission of coded documents by electronic means, address distribution services and transmission of registered electronic mail);
b) postal money transfers and transfer operations carried out in connection with the financial services covered by codes from 66100000-1 to 66720000-3 on common procurement vocabulary and with the services under art. 13, para. 1, item 8;
-philatelic services;)
d) logistics services that reconcile physical delivery and/or warehousing with other nepoŝenski activities;
2. for contracts and design contests, which support the activity of the public entity relating to the provision or operation of public electronic communications networks within the meaning of § 1, item 39 of the additional provisions of the law on electronic communications, or the provision of one or more of the publicly available electronic communications services within the meaning of § 1, item 40 of the additional provisions of the law on electronic communications;
3. in the acquisition, development, production or joint production of material for broadcast, intended for audiovisual media services or radio services, which are awarded by suppliers of radio services or audiovisual media services;
4. for services falling within the scope of the codes 79341400-0, 92111230-3 and 92111240-6 the General glossary and associated with political campaigns, when awarded by a political party within the election campaign;
5. in the case of public contracts which are awarded by a public entity, including when carried out sectoral activities of the legal person, if both the following conditions are met:
(a) the contracting authority to exercise) on the entity control, similar to the one that exercised over its own departments;
(b)) more than 80 percent of the activities of the entity to be formed by the implementation of the activities assigned by the contracting authority or its separate structures or other entities controlled by the contracting authority;
in) in the legal person – performer, has no direct equity participation in private, with the exception of one that is not associated with a control or blocking powers and do not exert decisive influence on the activities of the legal person;
6. where a legal person who is the subject of control within the meaning of paragraph 5 (a), the contracting authority, assign the contracts that it controls, or other legal entity controlled by the same entity and for which the conditions of item 5 (c);
7. in the case of public contracts which are awarded by a public entity, including when carried out sectoral activities of the legal person, if both the following conditions are met:
(a) the contracting authority to exercise) in collaboration with other entities on the entity control, similar to the one that exercised over its own departments;
(b)) more than 80 percent of the activities of the entity to be formed by the implementation of the activities awarded by contracting entities which control it, or from other entities controlled by the same entities;
in the legal person) no direct private equity participation, with the exception of one that is not associated with a control or blocking powers and do not exert decisive influence on the activities of the legal person;
8. in the case of contracts concluded between two or more public entities, including when carrying out sectoral activity when both the following conditions are met:
(a)) shall be or shall cooperate between them to ensure that their obligations for the provision of public services are carried out with a view to achieving the General objectives for them;
(b)) the implementation of cooperation be guided solely by considerations of the public interest;
in the last three years) the participating entities are carried out on the open market for less than 20 per cent of the activities related to cooperation.
(2) in the cases referred to in para. 1, item 5 (a), the contracting authority exercise control over a legal person similar to that exercised over its own departments, where there is a decisive influence on the strategic objectives and significant decisions of this legal person. Such control may be exercised and by another legal entity, which is controlled in the same way by the contracting authority.
(3) in the cases referred to in para. 1, item 7 Contracting authorities exert on a legal person joint control when both the following conditions are met:
1. the management and control bodies of a legal person shall consist of representatives of all parties involved in the control entities by individual representatives may represent several or all participating entities;
2. these entities may jointly exercise decisive influence on the strategic objectives and significant decisions of the legal person;
3. the entity has no interests that are in conflict with the interests of the controlling entities.
(4) in the cases referred to in para. 1, item 5 – 8 in determining the percentage of the activity is taken into account, the average total turnover or another suitable indicator, which measures the performance of the activity for the last three years.
(5) in the cases referred to in para. 1, item 5 – 8, where, owing to the date of creation or of the commencement of the activities of the legal person or entity or reorganization of the business turnover data are not available or when these data are no longer up to date, it is sufficient to prove that the method for the measurement of the activity is reliable, in particular through its business program.
(6) the methodology for determining the cost of the contracts referred to in paragraph 1. 1, item 5 – 7 is determined by the regulation for implementation of the law.
(7) When dropped one of the conditions necessary for the conclusion of a contract under para. 1, item 5 – 8, shall terminate the contract with the conclusion in accordance with the law of a new contract with the same subject. In this case the contracting authority discovers the award of new contract within one month by dropping the relevant condition.
(8) the law does not apply to contracts concluded by the national health insurance fund with performers of medical care within the meaning of art. 58 of the law on health insurance.
Exemptions applicable to sectoral entities
Art. 15. (1) a sectoral employer has not applied the law when entrusted with:
1. supply contracts for resale or lease to third parties, provided that he does not enjoy special or exclusive rights to sell or rent out or lease the subject of such contracts and other entities are free to engage in such an activity under the same conditions;
2. the contracts or design contests for purposes which are not related to the conduct of sectoral activities, or for the carrying out of any of those activities in a third country, provided that you do not use a network or geographical area within the European Union;
3. contracts for the supply of water, if that entity carries out activities under art. 126, para. 1, item 1 and 2;
4. contracts for the supply of energy or of fuels for the production of energy, if that entity carries out activities under art. 124, para. 1, paragraphs 1 and 2, art. 125, para. 1, item 1 and 2 and art. 128;
5. orders the related undertaking:
a) for services – provided that at least 80 percent of the total average turnover of the affiliated undertaking for the preceding 3 years was carried out by the provision of services of the contracting authority or of other undertakings with which it is linked, taking into account all the identical or similar services provided by this company;
(b) supply) – provided that at least 80 percent of the total average turnover of the affiliated undertaking for the preceding 3 years is realized by the provision of supplies to the contracting authority or of other undertakings with which it is linked, taking into account all the identical or similar supplies provided by that undertaking;
c) for construction — provided that at least 80 percent of the total average turnover of the affiliated undertaking for the preceding 3 years is realized by the provision of construction of the contracting authority or of other undertakings with which it is linked, taking into account the whole of the undertaking construction;
6. contracts of joint venture in which he participates, provided that the joint venture was created to carry out the sectoral activities for at least three years and that the instrument of the joint undertaking provides for him to retain the učredilite entities participating in it for at least the same period.
(2) the law does not apply when a joint venture under para. 1, item 6 assign the contracts of enterprise, which is linked to one of the contracting entities involved in the joint venture, and if the condition is met in the Al. 1.5 c "and"-"in".
(3) the Act shall not apply where the joint venture awarded orders of the employer who takes part in it, if the conditions of paragraphs 1 and 2. 1, item 6.
(4) in the cases referred to in para. 1, item 5 and para. 2, when due to the date on which an affiliated undertaking was created or commenced to carry on business, there is no evidence of its turnover over the last 3 years, it is sufficient to prove that undertaking, through its business program, that at least 80 percent of his average annual turnover will be realized from the supplies, services or works to be provided to the contracting authority and the related undertakings.
(5) where two or more undertakings relating to the contracting authority, provide identical or similar supplies, services or works, for the calculation of the amount of turnover in the Al. 1, item 5 shall take into account the total turnover of these establishments by the provision of the supplies, services or works.
(6) When dropping any term under para. 1, item 5 or 6, necessary for the conclusion of a contract under para. 1, item 5 or 6, al. 2 or 3, the contract shall be terminated with the conclusion in accordance with the law of a new contract with the same subject. In this case, the contracting authority is obliged to find a new contract award within one month by dropping the relevant condition.
Application of exceptions
Art. 16. Contracting entities may not invoke exemptions under art. 13-15 for the purpose of circumvention of the law.
PART TWO
RULES FOR ASSIGNING
Chapter four
PROCEDURES FOR THE AWARD. VALUE THRESHOLDS. ESTIMATED VALUE OF THE CONTRACT
The responsibility for implementing
Art. 17. (1) the contracting entities are required to apply the arrangements provided for in the law for the award of a public contract where there are grounds for it.
(2) the assignment of activities in forest areas to create forests, production of wood and non-wood forest products is carried out in accordance with the law on forests.
Types of procedures
Art. 18. (1) the procedures under this Act are:
1. the open procedure;
2. a restricted procedure;
3. the adversarial procedure with bargaining;
4. agreeing with prior call for participation;
5. agreeing with publication of a contract notice;
6. the competitive dialogue;
7. Partnership for innovation;
8. the agreement without prior notice;
9. the agreement without a prior call for participation;
10. Agreement without publication of a contract notice;
11. a design contest;
12. public competition;
13. direct negotiations.
(2) an open procedure and public race are procedures under which all interested parties may submit a tender.
(3) restricted procedure is a procedure in which tenders may submit only candidates who have received an invitation from a contracting entity after a pre-selection.
(4) in proceedings under subsection. 1, item 3-5 the Contracting Authority held negotiations with candidates, received an invitation after a pre-selection. As a basis for holding negotiation candidates submitted initial offers.
(5) competitive dialogue is a procedure whereby the contracting authority conducts a dialogue with the short-listed candidates in order to determine one or more suggested solutions that meet its requirements, and then invite the authors of them candidates to submit final tenders.
(6) the partnership for innovation is a procedure whereby the contracting authority conducts negotiations with short-listed candidates admitted in order to establish a partnership with one or more partners to carry out certain research and development.
(7) in the negotiated procedures referred to in paragraph 1. 1, item 8 – 10 and 13 the Contracting Authority held negotiations to determine the terms of the contract with one or more specific persons.
(8) a design contest is a procedure in which the contracting authority acquired mainly in the areas of urban and town planning, architecture, engineering or data processing, a plan or design selected by a jury of independent put out to competition with or without the award of prizes. The competition for the project can be open or restricted.
Applicable procedures
Art. 19. (1) the award of public contracts public contractors apply the procedures under art. 18, al. 1, item 1 – 3, 6 – 8 and 11-13.
(2) the award of public contracts the sectoral entities apply the procedures under art. 18, al. 1, item 1, 2, 4, 6, 7, 9 and 11-13.
(3) the award of public contracts in the fields of defence and security, the contracting authorities shall apply the procedures referred to in art. 18, al. 1, 2, 5, 6 and 10.
Value thresholds
Art. 20. (1) the procedures under art. 18, al. 1, item 1 – 11 shall apply when:
1. public entities and their associations award their public contracts with an estimated value equal to or greater than:
a) 5 0000 0000 EUR – for construction;
(b) EUR 264 033). – for supplies and services;
c) 500, 000. – for services in annex 2;
2. public entities active in the field of Defense, awarded contracts with an estimated value equal to or greater than:
a) 5 0000 0000 EUR – for construction;
(b) EUR 264 033). – for services and supplies, which include the products referred to in annex 3;
at EUR 408 762). – for supplies, which include products outside the scope of annex 3;
d) 500, 000. – for services in annex 2;
3. sectoral entities awarded contracts with an estimated value equal to or greater than:
a) 5 0000 0000 EUR – for construction;
(b) EUR 817 524). – for supplies and services;
in EUR 1 0000 0000). – for services in annex 2;
4. public and sectoral entities awarding contracts in the fields of defence and security with an estimated value equal to or greater than:
(a) EUR 817 524). – for the supply of military equipment, including parts, components and/or mounting elements to it, including equipment, included in the list of defence-related products, adopted pursuant to art. 2, al. 1 of the law on export control of defence-related products, and the products and technologies with dual-use items;
(b) EUR 817 524). – supply of sensitive equipment, including parts, components and/or mounting elements for it;
c) 817 524 EUR – for services directly related to the equipment referred to in points "a" and "b" for any and all elements of its life cycle;
d) 5 0000 0000 EUR – works, directly related to the equipment referred to in points "a" and "b" for any and all elements of its life cycle;
(e) EUR 817 524). – for services for specific military purposes or for sensitive services;
is $ 5 0000 0000). – for specific military purposes or for sensitive construction;
5. Contracting authorities shall carry out a design contest with a value greater than or equal to 70 000 EUR
(2) contracting authorities shall apply the procedures referred to in art. 18, al. 1.12 or 13, when public contracts are estimated value:
1. in construction – from 270 000. up to 5 0000 0000 BGN.;
2. in the case of supplies and services, including the services listed in annex 2 – 70 000 BGN. to the appropriate threshold under para. 1 depending on the type of the contracting authority, and the subject-matter of the contract.
(3) contracting entities shall apply procedures for procurement through solicitation by a notice or an invitation to certain persons, when contracts have estimated value:
1. in construction – from 50, 000. up to 270 000 BGN.;
2. in the case of supply and service, with the exception of the services listed in annex No. 2-30, 000. up to 70 000 EUR
(4) the contracting authorities may award public service contracts directly with an estimated value of less than:
1.50, 000. – under construction;
2.70, 000. -services in annex 2;
3.30, 000. – under supplies and services beyond those under item 2.
(5) in the cases referred to in para. 4, item 2 and 3, the contracting entities may prove cost only with primary documents, without the need for the conclusion of a written contract.
(6) public procurement under para. 1, item 4 of a value less than the relevant threshold may be awarded directly, but the contracting entities are required to enter into a written contract.
(7) the contracting entities referred to in art. 5, al. 2, item 15 shall apply the procedure for the award through the solicitation with an advertisement or invitation to certain persons, when contracts have estimated value:
1. in construction – from 270 000. up to 5 0000 0000 BGN.;
2. supplies and services – from 70 000 BGN. to the appropriate threshold under para. 1 depending on the subject-matter of the contract.
(8) the contracting entities referred to in art. 5, al. 2, t. 15 may award public service contracts directly with an estimated value below the thresholds referred to in paragraph 1. 7, supplies and services can demonstrate cost only with primary documents, without the need for the conclusion of a written contract.
(9) the contracting entities are entitled to award a specific contract, applicable to higher values, as in this case, you are required to apply all the rules valid for the chosen row.
Methods for calculating the estimated value of public procurement
Art. 21. (1) the estimated value of a public contract shall be determined by the contracting authority, and shall include all payments without the value added tax (VAT) to the prospective contractor of the contract, including the options envisaged and renewals of contracts referred to explicitly in the terms of the contract. Where the contracting authority provides for prizes or payments to candidates or participants, they shall be included in determining the estimated value of the contract.
(2) the estimated value of a public contract shall be determined on the date of the decision for its opening.
(3) where in the structure of the contracting entity has separate units of a territorial, functional or any other principle, which are not independent contractors, estimated value of any particular contract shall be determined on the basis of the needs of all of the separate units.
(4) when the contract includes several separate items, each of which is the subject of the contract, the value of the contract is equal to the sum of the values of all positions.
(5) where the lot is assigned independently, respect the rules applicable to the total of the entire order.
(6) contracting entities may award separate positions on the line, valid for the individual cost of each of them, provided that the value of the lot shall not exceed 156 464 EUR for supplies and services and $ 1 0000 0000. works, and the aggregate value of the lots assigned to in this way, shall not exceed 20 per cent of the total value of the contract. In these cases, regardless of the residual value of the contract, it shall be awarded in accordance with the procedure applicable to the total of the entire order.
(7) in determining the estimated value of a public works contract, it also includes the value of all supplies and services provided by the contracting authority to the contractor, provided that they are necessary for the completion of construction.
(8) in the case of public contracts for supplies or services that are or are subject to regular renewal within the specified period, the estimated value is determined on the basis of:
1. the actual total value of the contracts of the same type awarded during the preceding 12 months, adjusted for any changes in quantity or value which would occur over a period of 12 months after award of the contract, or
2. the total estimated value of the contracts awarded during the 12 months following the first delivery or service.
(9) with regard to public supply contracts relating to the leasing, hire, leasing or hire-purchase the estimated value of a public contract shall be determined as follows:
1. in the case of public contracts with a fixed period, when this term is less than or equal to 12 months, the total estimated value for the term of the contract, or if the period of validity of the contract is greater than 12 months, the total value including the estimated residual value;
2. in the case of public contracts without a fixed term or the term of which cannot be defined, the monthly value multiplied by 48.
(10) in the case of public contracts for services the basis for calculating the estimated value shall be:
1. in the case of insurance services, the premium payable and other remuneration;
2. in the case of banking and other financial services, the fees, commissions payable, interest and other payments;
3. in the case of contracts for design – fees due commissions and other payments.
(11) in the case of public contracts for services without a specified total price the basis for calculating the estimated value shall be:
1. fixed-term contracts, if that term is less than or equal to 48 months, the total estimated value for the full period;
2. in the case of contracts without a fixed term or with a term greater than 48 months, the monthly value multiplied by 48.
(12) in the framework agreements and dynamic purchasing systems taking into account the maximum estimated value net of VAT of all the contracts envisaged for the entire duration of the framework agreement or the dynamic purchasing system.
(13) in the partnership for innovation, regard shall be the maximum estimated value net of VAT of the r & d activities that will be carried out at all stages of partnership, as well as the supplies, services or works which will be developed and delivered at the end of the partnership.
(14) the choice of method for calculating the estimated value of the contract is not to be used for the purpose of applying the line Award for lower values.
(15) do not allow separation of the procurement of parts in order to implement the order to award for lower values.
(16) it is not considered splitting the award within 12 months of two or more orders:
1. with the implementation of object construction or design and execution of construction;
2. with an identical or similar object that were not known to the contracting authority at the time when they started the action in the award of a previous contract with such a subject.
(17) in determining the value of the construction contract is not permitted the inclusion of supplies or services which are not necessary for its implementation.
Chapter five
PUBLICITY AND TRANSPARENCY
Section I
Decisions and notices
Solutions
Art. 22. (1) depending on the type and stage of the procedure the contracting authorities issued the following decisions:
1. opening of the procedure;
2. approval of the notice of amendment or additional information;
3. to approve the invitation to confirm the interest;
4. pre-selection;
5. for completion of the dialogue;
6. selection of contractor;
7. for the classification of participants in design contests and/or prizes and/or other payments in a design contest;
8. termination of the proceeding;
9. establishing the qualification system for the inclusion or non-inclusion of stakeholders in the dynamic purchasing system or in a qualification system;
10. to terminate participation in the dynamic purchasing system or in the qualification system of persons appearing in it.
(2) a decision under paragraph 1. 1, item 1, the contracting authority shall approve the notice, be made with the opening of the procedure, and in procedures under art. 18, al. 1.8-10 and 13-call for participation, as well as the documentation for the notice or invitation, where applicable.
(3) the decision on para. 1, item 3 the contracting authority approves and documentation if it is not approved by the decision to open the procedure.
(4) the decisions referred to in paragraph 1. 1, paragraphs 1 and 2 shall be drawn up on the model.
(5) the decisions referred to in paragraph 1. 1 include:
1. the name of the contracting entity;
2. the number, date and legal basis for the issue of the Act;
3. an indication of the type of procedure and the subject of the contract;
4. the estimated value of the contract – where applicable;
5. patterns – where required;
6. the regulatory part whose content is depending on the type and stage of the procedure and shall include:
and approval of the documents) relating to the conduct of the proceeding;
(b)) approval of notice of amendment and supplementary information;
the results of a preliminary selection), including reducing the number of candidates, the results of the dialogue or the classification of participants;
d) removed applicants or participants, and the reasons for their removal, including those relating to the non-acceptance of tenders in accordance with art. 72 – where applicable;
(e) the name of the tenderer), chosen for the contractor and, where applicable, and the name of the subcontractor and the proportion of the contract or order the framework agreement, which he will perform;
is) the conflict of interest in respect of the applicants or the participants and the measures taken – where applicable;
7. before any authority and in what period may be appealed;
8. the name and signature of the person issuing the Act of identifying his position.
(6) the Decision laying down the contractor shall not be granted in the case of contracts awarded after the conclusion of a framework agreement with a contractor, when all the conditions have been determined.
(7) the contracting entities are not entitled to grant provisional enforcement of judgments under para. 1.
(8) except in the cases under art. 202, the contracting authority may amend or cancel any of the decisions referred to in paragraph 1. 1, item 4 – 10 to its entry into force.
(9) the decisions referred to in para. 1 are individual administrative acts issued pursuant to this Act.
Prior information notices
Art. 23. (1) the contracting entities may make their intentions for the award of public contracts or for the conclusion of framework agreements over the next 12 months through the publication of the prior information notices, which depending on the type of the contracting authority are:
1. prior information notice – for public entities;
2. periodic indicative notice – sectoral entities.
(2) where the contracting authorities make known their intentions for the award of public service contracts under annex 2, the period referred to in paragraph 1. 1 can be up to 18 months.
(3) For restricted procedures and negotiated procedures with the racing public entities under art. 5, al. 2, item 8, 9, 14 and 16 may use the notice of prior information for disclosure, the opening of the procedure.
(4) For restricted procedures and negotiated procedures with a prior call for sectoral entities can use the periodic indicative notice for disclosure of the opening of the procedure.
(5) in the cases referred to in para. 3 and 4 the notice must:
1. is posted between 35 days and 12 months before the date of dispatch of the invitation to confirm the interest, and
2. contains all the information:
(a)) in part a of the annex No 4 – for public entities;
b) in part a of the annex No 5 – the SEC thorny entities.
(6) the procedures under paragraph 1. 3 or 4 for the award of public service contracts referred to in annex No. 2 contracting entities may use a notice under paragraph 1. 1, item 1 or 2 for the opening of the disclosure procedure.
(7) in the cases referred to in para. 6 the notice must:
1. is posted between 35 days and 18 months before the date of dispatch of the invitation to confirm the interest, and
2. contains all the information:
a) part b of the annex No 6 – for public entities;
b) in part b of annex 7 – sec thorny entities.
(8) in the cases referred to in para. 3, 4 and 6 in the relevant pre-information notice shall indicate the deadline for expressions of interest from stakeholders, which may not be less than 30 days of dispatch of the notice for publication. In these cases does not publish a contract notice.
(9) in open procedures, the contracting entities may use the notice under paragraph 1. 1 only for shortening of the time limits for receipt of tenders.
Contract notice
Art. 24. With the publication of a contract notice contracting authorities made the opening of the procedure for the award of a contract in the cases specified by law.
A notice of the amendment or additional information
Art. 25. With a notice of the amendment or additional information, contracting entities shall disclose the changes in the notices, and invitations for tenders and in the descriptive document.
Contract award notice
Art. 26. (1) the contracting authorities send to publish contract award notice within:
1.30 days after conclusion of a contract for a public contract or a framework agreement;
2. the seven days of the entry into force of the decision terminating the procedure.
(2) contracting entities may publish the notice referred to in paragraph 1. 1, item 1 and when concluding contracts in applying the exemptions under art. 13-15.
(3) when disclosure of the opening of the procedure for the award of a public contract is used the advance notice and the contracting authority has decided not to assign other orders during the period of its operation, it is stated expressly in the notice of award of the contract.
(4) in the case of contracts awarded on the basis of a framework agreement or a dynamic purchasing system, as well as for services in annex 2, the contracting authorities shall send a notice for publication in the Al. 1, item 1, which contains information on all contracts concluded during the quarter concerned. The notice shall be sent within 30 days after the end of each quarter.
(5) where a sectoral employer fills in the contract award notice relating to research and development (r & d), the information relating to the subject matter and the quantity of the services may be limited to:
1. the designation "services for r & d" – when the contract was awarded after a negotiated procedure without a prior call for participation pursuant to art. 138, para. 1, item 1;
2. information that is as comprehensive as the information contained in the notice is used as an invitation to participate in the procedure.
(6) information from the notices referred to in para. 1, the disclosure of which is contrary to the law, as well as one in respect of which the participants are properly invoked the confidentiality in connection with the existence of a trade secret shall not be published.
(7) information provided by sectoral employer in the notice of award of the contract, which is not subject to publication, shall be taken into account when summarizing the information for statistical purposes.
(8) when a contractor of a public contract is a Union which is not a legal person, the contracting authority shall specify in the contract notice for the award of the contract, the name of the participants, who are included in it.
Notice of amendment to a public contract or a framework agreement within the period of its operation
Art. 27. contracting entities shall publish a notice of an amendment to a contract for a public contract or a framework agreement in the cases under art. 116, para. 1, 2 and 3.
Notice of voluntary transparency
Art. 28. (1) contracting entities may publish notice of voluntary transparency when applying exceptions under art. 13-15 and art. 149.
(2) the notice of voluntary transparency is an individual administrative act.
(3) in the cases referred to in para. 1 contracting entities may not contract before the expiration of 10 days from the publication of the notice for voluntary transparency or when an appeal is lodged against him, until the entry into force of the decision.
Notice of completion of a contract for a public contract
Art. 29. (1) the contracting authorities shall publish a notice of the completion of the procurement contract, in which indicate information about performance or for termination of the contract.
(2) the notice referred to in paragraph 1. 1 shall be made in a form and sent within 30 days of the execution or the termination of the contract.
Notices in the design contest
Art. 30. (1) the Contractor, who carry out a design contest shall make their intention, by means of a notice of competition for the project.
(2) the Employer who has carried out a design contest shall send a notice of the results of the contest, within 30 days of its completion.
(3) the information contained in the notice referred to in paragraph 1. 2 and whose disclosure would be contrary to law or the public interest, and that in respect of which the participants are properly invoked the confidentiality in relation to the availability of technical or trade secrets, not published.
Section II
Procurement documents
Content of the documentation
Art. 31. (1) the procurement Documentation must contain:
1. the technical specifications;
2. investment and other projects when required for the preparation of the tender;
3. the methodology for the determination of the complex evaluation of the tender, where applicable;
4. models of the documents, as well as an indication of their preparation;
5. the draft contract.
(2) in the design contest documentation must contain:
1. job task and instructions for its implementation;
2. all technical data, necessary for the implementation of the project;
3. criteria for the evaluation of the project, their relative weight and the way for the establishment of a comprehensive evaluation of the project.
(3) may contain Documentation and other documents, which the contracting authority provided or referred to, in order to determine the characteristics of the order or the project and procedures for the conduct of the procedure, or which are necessary for the preparation of applications, bids or projects.
Access to documents by electronic means
Art. 32. (1) the contracting entities provide unlimited, free and full direct access by electronic means to the contract documents from the date of the contract:
1. publication of the tender notice in the official journal of the European Union;
2. the publication of the notice in the register of public procurement, where not subject to publication under item 1; or
3. send the invitation to confirm the interest.
(2) in the contract notice or the invitation to confirm the interest shall indicate the Internet address where the documentation is accessible to public order.
(3) in the cases of art. 39, para. 3 in the contract notice or the invitation to confirm the interest of the contracting entities in accordance with art. 39, para. 4 lay down the conditions and the manner in which procurement documentation can be obtained. In these cases, the time limit for the receipt of tenders shall be extended by 5 days.
(4) in the cases under art. 102, para. 3 in the contract notice or in the invitation to confirm the interest of the contracting entities shall indicate measures to be taken with a view to protecting the confidential nature of the information, as well as the conditions and ways of access to the documentation. In these cases, the time limit for the receipt of tenders shall be extended by 5 days.
(5) in the cases referred to in para. 3 and 4, the contracting authorities shall not be obliged to extend the time limit for the receipt of offers, when it was shortened for urgent need for the award. Sectoral entities are not required to extend and when it is defined by mutual agreement between the contracting entity and the selected candidates.
Clarifications on the conditions of the procedure
Art. 33. (1) persons may request, in writing, by the contracting authority explanation on the decision notice, the invitation to confirm the interest, contract documentation and the descriptive document within 10 days before the expiry of the time limit for receipt of requests to participate and tenders, or where a period is shortened under art. 74, para. 2 or art. 133, para. 2 or, if appropriate, by an urgent assignment – up to 7 days.
(2) the contracting authority shall provide explanations in 4 days from receipt of the request, no later than six days before the time-limit for receipt of requests to participate and/or offers, and when the period is shortened under art. 74, para. 2 or art. 133, para. 2 or due to the need for an urgent assignment – up to 4 days before this period. In the explanations do not specify the person who made the request.
(3) the contracting authority does not provide clarifications, if the request is received after the time limit referred to in paragraph 1. 1.
(4) the explanations provided by publication on the buyer profile.
Invitations to candidates
Art. 34. (1) in the case of a restricted procedure, a competitive dialogue, partnership for innovation, adversarial procedure with bargaining or procedure of agreeing with preliminary call for papers, contracting entities shall simultaneously send written invitations to selected candidates to tender or to participate in the negotiations or dialogue. The invitation shall be approved with the decision on pre-selection or the decision on the conclusion of the dialogue, and must contain at least the information referred to in:
1. section I of Annex 8 – for public entities;
2. section I of the annex No 9 – sectoral entities.
(2) when the procedure was opened with the publication of a prior information or periodic indicative notice, the contracting authority shall send simultaneously call for confirmation of interest to persons who already have expressed interest in participating. The invitation shall contain at least the information referred to in:
1. section II of Annex 8 – for public entities;
2. section II of the annex No 9 – sec thorny entities.
(3) When not supplied unlimited, free and full direct access by electronic means, and the documentation is not provided by any other means, it shall be attached to the invitation.
Section III
Publication of information
Publication in the official journal of the European Union
Art. 35. (1) in the official journal of the European Union shall publish information relating to the award and performance of contracts with a value of art. 20, para. 1, as follows:
1. the notices referred to in art. 23, para. 1, including when they are used for the opening of the disclosure procedure;
2. notices of public contracts;
3. notices of amendment or additional information;
4. notices of procurement;
5. notices in a design contest;
6. the notices amending public contracts and framework agreements;
7. notices for voluntary transparency;
8. notices of training systems.
(2) notices referred to in para. 1 shall be made using the model established by an act of the European Commission, and shall contain at least the information referred to in annexes 4 to 7 depending on the type of the contracting authority, type and stage of the procedure, and, where applicable, and subject-matter of the contract.
(3) for each of the notices referred to in para. 1, the contracting authority should prove of which dates have been sent through the acknowledgement of receipt of notices received by the Publications Office of the European Union.
(4) in the official journal of the European Union may be published notices of public contracts which are not subject to publication, provided that these notices were sent to the Publications Office of the European Union in accordance with para. 2.
(5) notices referred to in para. 1 be sent to the Publications Office of the European Union through the public procurement Agency.
Publication in the register of public procurement
Art. 36. (1) the register of public procurement (ROP) to be published:
1. decisions under art. 22, para. 1, item 1 and 2;
2. the notices referred to in art. 35, para. 1;
3. notices relating to the carrying out of the procedures under art. 18, al. 1, 12 and 13 – disclosure of the discovery, change, and the award of contracts and the amendment of the treaties;
4. notices of completion of the contracts.
(2) the decisions and notices referred to in para. 1, item 2, and the information they contain are not published in ROP before the publication of the notices in the official journal of the European Union.
(3) the decisions and notices referred to in para. 1 2 may be published in ROP after the expiry of 48 hours from the confirmation of the receipt of notices from the Publications Office of the European Union, whether it is received notice of their publication in the official journal of the European Union. Notices may be published before the deadline, if notice is received for their publication in the official journal of the European Union.
(4) Published in ROP notices under para. 1, paragraph 2 may not contain information that differs from the one that has been sent for publication to the Publications Office of the European Union. In notices sent to ROP and published on a buyer profile, be sure to indicate the date on which they are sent to the Publications Office of the European Union.
Obligations of the contracting authorities in connection with the publication of the information
Art. 37. The contracting entities are required to send the notices and decisions under art. 36, para. 1 by electronic means to the Agency on public procurement.
Terms and conditions for sending and publishing information
Art. 38. the terms and Conditions, technical processes for the transmission to the public procurement Agency and the publication of information in the official journal of the European Union and in the ROP, as well as the circumstances that shall be entered in the ROP, are determined by the regulation for implementation of the law.
Section IV
Exchange of information
Rules for the communication of information
Art. 39. (1) the exchange of information in public procurement is carried out by electronic means of communication. Instruments and devices that are used and their technical characteristics shall be non-discriminatory, accessible, and interoperable with most common market products of information and communication technologies for wide use and not to restrict the access of interested persons.
(2) contracting authorities may, where appropriate, require the use of tools and devices that are not publicly available, provided that they offer other suitable means of access. The proposed means of access by the contracting entities are appropriate when:
1. provide unrestricted and full direct access by electronic means free to those instruments and devices from the date of publication of the notice or the date of dispatch of the invitation to confirm the interest, as in the contract notice or invitation shall specify the Internet address to which are available these tools and devices;
2. the persons who do not have access to appropriate tools and devices, or who don't have the opportunity to receive them within the relevant time limits for reasons beyond the control of these reasons, provide free online access to procurement by generating a one-time access codes, or
3. maintain another way for electronic submission of documents for participation in the procedure.
(3) the contracting entities are not required to apply the requirements referred to in paragraph 1. 1, when:
1. due to the specialised nature of the contract the use of electronic means of communication would require specific tools, devices or file formats that are not available or are not supported by publicly available applications;
2. applications that support file formats that are suitable for the description of the offers, use the formats of files that could not be processed by other applications or easily accesible commonly available or that are included in the licensing scheme for copyright protection and may not be available for download or use from a distance on the part of the contracting authority;
3. the use of electronic means of communication would require a special office equipment, with which the contracting authority has not;
4. the documentation for the contract required the submission of samples or models which cannot be transmitted by electronic means.
(4) When not using electronic means of communication, the exchange of information is conducted through the postal or other appropriate courier service or a combination thereof and electronic means.
(5) upon the filing of documents for participation in the procedure, the contracting authorities shall not be obliged to require the use of the resources of the Al. 1, where the application of means other than e, you should:
1. to prevent the breach in the security of electronic means of communication;
2. in the case of particularly sensitive information whose protection cannot be guaranteed when using commonly available tools and electronic devices and such under para. 2.
(6) in every case of transmission, Exchange and storage of information shall ensure the protection of the integrity of data and the confidentiality of the documents for participation in the procedure up to the moment of its opening and viewing, which is after the expiry of the deadline for their receipt.
(7) for works contracts and in design contests, contracting entities shall may require use of special electronic equipment such as tools for modeling of electronic information. In such cases, contracting entities shall provide other means of access in accordance with para. 2 while these instruments do not become generally available pursuant to para. 1.
(8) the tools and devices for electronic submission and receipt of tenders and requests to participate and plans and projects in design contests shall ensure by technical means and appropriate rules, at least that:
1. date and time of the receipt of tenders, requests to participate and the submission of plans and projects can be determined precisely;
2. There is no access to the data submitted before the deadline;
3. only authorised persons may set or change the dates for opening data received;
4. at the various stages of the award procedure or contest, access to all project data or to parts of them should be possible only for authorised persons;
5. only authorised persons must give access to data transmitted only after the intended date;
6. received and opened in accordance with the data requirements must remain accessible only to persons authorised to acquaint themselves with them;
7. the offences or attempts to breach of the ban on access or the conditions under item 2-6 can be easily established.
(9) in addition to the requirements under paragraph 1. 8 in respect of the instruments and devices for the electronic transmission and receipt of documents for participation in the procedure must:
1. to provide the persons concerned with the necessary information relating to the specifications for these instruments and devices, including through encryption and the provision of a service for authentication of time;
2. specify the required level of security of electronic means of communication for the various stages of the specific procedure for the award of a public contract; the level must be proportional to the accompanying risks.
(10) in the cases referred to in para. 9, item 2, where it is considered that the level of risks requires the use of advanced electronic signatures according to the electronic document and electronic signature law, contracting authorities shall adopt advanced electronic signatures provided by the certification-service-provider that is included in these trust lists in Decision 2009/767/EC of 16 October 2009 laying down measures to facilitate the implementation of procedures by electronic means through the "points of single contact ' in accordance with Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 274/36 of 20 October 2009; Corr, OB, L 299/18 of 14 November 2009; Corr, OJ L 4/6 of 7 January 2011), provided that you have set the formats for advanced electronic signatures on the basis of established by decision 2011/130/EC of 25 February 2011 for the establishment of minimum requirements for cross-border processing of documents signed electronically by the competent authorities in accordance with Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OB, L 53/66 of 26 February 2011), and have introduced the necessary measures for the technical processing of these formats.
(11) where the offer is signed with an electronic signature, provided by a vendor that is included in the trust list under para. 10, contracting entities may not place additional requirements which hinder the use of these signatures from participants.
(12) where an applicant or participant format used for digital signature, other than those specified by the contracting authority, he shall submit to the contracting authority, information about the existing possibilities for the validation of the electronic signature. These options should allow the validation of the resulting electronic signature as an advanced electronic signature, for which there is a qualified certificate, to be made online, free and in a comprehensible way for the persons for whom the language was born.
(13) as regards the documents used in the context of the procedure for the award of public contracts that are signed by a competent authority of a Member State or from another author, the competent authority or the other author of the documents may specify the form of the advanced electronic signature in conformity with the requirements of article 1, paragraph 2 of decision 2011/130/EU. In the electronic signature or in the electronic document must contain information about the possibilities for validation, to allow the resulting electronic signature to be validated online, free and in a comprehensible way for the persons for whom the language was born.
Procurement through a centralized electronic platform
Art. 40. (1) the award of public contracts, contracting entities shall use a single national electronic Web-based platform.
(2) the contracting entities are to use the platform under para. 1 and the award of public contracts by means of a dynamic purchasing system, the framework agreement and the qualification system.
(3) the platform under para. 1 provides:
1. publication of the decisions and notices in the ROP and procurement;
2. receipt of inquiries and providing clarifications;
3. send invitations;
4. submission of requests to participate and tenders;
5. evaluation of tenders;
6. conclusion of the contract;
7. submission of applications for contracts;
8. invoicing;
9. payment;
10. Exchange of information and documents.
(4) the conditions and procedures for the use of the platform under para. 1 is governed by the Ordinance of the Minister of finance and the Minister of transport, information technology and communications.
Electronic platforms of central purchasing bodies
Art. 41. (1) the central purchasing bodies may use electronic platforms for centralized procurement, other than the platform under art. 40, para. 1, provided that they ensure technical compatibility and connectivity with it.
(2) the central purchasing bodies are obliged to fulfil the requirements of art. 35 and 36, before you publish the relevant information on their platforms.
Buyer profile
Art. 42. (1) the contracting entities are required to maintain buyer profile, which is a distinct part of their websites or other Internet address for which publicity is provided.
(2) the buyer profile shall be published in the form of electronic documents:
1. all decisions, announcements and invitations, relating to the detection, award, performance and termination of contracts;
2. public procurement dossiers, with the exception of cases in which for technical reasons or those related to the protection of information, providing unlimited, full and direct access by electronic means;
3. the explanations provided by the contracting authorities in relation to public procurement;
4. the minutes and the final reports of the committees to carry out the procedures;
5. public procurement contracts and framework agreements, including their annexes;
6. additional agreements, amendments to the public procurement contracts and framework agreements;
7. calls for the collection of offers and invitations to certain persons;
8. the opinions of the public procurement Agency in connection with the her ex ante controls.
(3) the documents referred to in para. 2 for each contract were in an electronic file.
(4) in the case of the exemption under para. 2, item 2 through the buyer profile shall be made the way, place and order of receipt of the documents, which are not available through electronic means.
(5) upon publication of the documents referred to in para. 2 is deleted, the information in respect of which the participants are properly invoked the confidentiality in connection with the existence of a trade secret, as well as information that is protected by law. In place of the deleted information, shall state the grounds for deletion.
(6) the procedure and time limits for the publication of documents in the buyer profile shall be determined by the regulation for implementation of the law.
(7) with the publication of the documents of the account of the buyer, it is assumed that the persons concerned, applicants and/or fate are informed on the workers in these circumstances, unless otherwise provided for in this Act.
Notification of decisions
Art. 43. (1) the contracting authority shall send decisions under art. 22, para. 1, item 3-10 within three days from the date of their issue. In the decisions indicate the link to the electronic file in the profile of the buyer, where published reports and final reports of the Commission or of the jury.
(2) the decisions referred to in paragraph 1. 1 shall be sent:
1. the address referred to by the applicant or participant:
a) e-mail address, such as the message that is sent, shall be signed with a digital signature, or
(b)) through the postal or other delivery service by registered delivery with acknowledgement of receipt;
2. by fax.
(3) the contracting authority should allow the certification of the date of receipt of the decision.
(4) if the decision is not received by the applicant or participant in any of the ways referred to in para. 2, the contracting authority shall publish a notice to him on a buyer profile. The decision is deemed to be served on the date of publication of the communication.
Chapter six
PREPARATION OF THE PROCEDURE
Section I
Preliminary actions
Marketing consultation and external participation in the preparation of documentation
Art. 44. (1) in preparing for the award of a public contract, the contracting authority may conduct market consultation, seek advice from independent experts or bodies, or by market participants.
(2) consultations under paragraph 1. 1 may be used, provided they do not lead to distortion of competition and the principles of non-discrimination and transparency.
(3) the contracting authority shall take actions to ensure that the persons involved in marketing consulting and/or in the preparation of the procedure have no advantage over other applicants or participants. These actions include at least the following:
1. publication on the buyer profile to all information exchanged on the occasion of the preparations for the award of the contract by the contracting authority, including the score, and if this is impossible – an indication by a buyer profile to the place from which this information may be obtained;
2. determination of an appropriate period for the receipt of tenders, including assess whether curtailment of time-limits does not lead to violation of the principle of equal treatment.
(4) the contracting authority is obliged to extend the time limit for receipt of requests to participate or tenders to at least the minimum time limits for the type of procedure, in the event it is used shortening of deadlines and in due time was received only one offer or request to participate that are represented by a person involved in market consulting and/or in the preparation of the documentation for participation.
(5) in the event that an action under paragraph 1. 3 and/or 4 cannot ensure compliance with the principle of equal treatment, the candidate or tenderer participating in market consulting and/or in preparation for the award of the contract, is removed from the procedure, unless he can prove that his participation does not lead to violation of this principle.
Requirements for the determination of the time-limits for the receipt of tenders and requests to participate
Art. 45. (1) in determining the time limit for receipt of requests to participate and tenders, contracting entities shall take into account the complexity of the contract and the time required for drawing up tenders, without prejudice to the minimum time limit for the relevant procedures laid down in this law.
(2) where tenders can be drawn up only after a visit to the site or after on-the-spot verification of the additional documents related to the contract, the time limits for receipt of tenders must be longer than the minimum prescribed in enabling the persons concerned to be aware of all the information necessary for the preparation of tenders.
Lots
Art. 46. (1) in preparing for the award of a public contract, the contracting authority shall consider the possibility of splitting the lots. When you decide that it is appropriate not Division of procurement of lots, in the decision to open the procedure, the contracting authority shall indicate the reasons therefor.
(2) when the contracting entities shall award their public contracts by lots, they shall define the subject matter and the amount of each item, and when applicable, and the predicted value.
(3) the Council of Ministers may establish areas in which public procurement must be divided into lots according to specialized sectors of activity of small and medium-sized enterprises and their capacities.
(4) the contracting entities shall indicate in the contract notice, which publicized the opening of procedure, or in the invitation to confirm the interest if bids may be submitted for one, for several or for all the lots.
(5) where contracting entities have indicated that tenders may be submitted for several or for all the lots, they have the right to limit the number of lots to be awarded to a single contractor. This number shall be indicated in the notice, be made with the opening of the procedure, or in the invitation to confirm the interest.
(6) in the cases referred to in para. 5 the contracting entities shall indicate in the notice, be made with the opening of the procedure for the order, in the invitation to confirm the interest or in the documentation for the contract objective and non-discriminatory criteria or rules will apply when a participant has earned more than the maximum number of lots.
Special conditions for performance of contracts
Art. 47. (1) the contracting entities may include in contract performance requirements for special conditions relating to economic or social aspects of performance, innovation, protection of the environment or employment.
(2) the conditions referred to in paragraph 1. 1 must be connected with the subject-matter of the contract and are indicated in the notice, be made with the opening of the procedure, or in the documentation for the contract.
(3) the contracting authority requires the participants to declare that their tenders are prepared in compliance with the obligations relating to taxes and insurance, environmental protection, employment protection and working conditions which are in force in the country or in the country where the construction is to be carried out or to provide the services, and which are applicable to the construction, or to the services provided.
(4) in the cases referred to in para. 3 the contracting authority shall specify in the contract notice, which disclosed the discovery of the procedure or procurement documentation, the authorities of which applicants or participants may obtain the necessary information on the applicable rules and requirements.
Section II
Technical specifications. Markings. Test reports
The determination of technical specifications
Art. 48. (1) the technical specifications define the necessary characteristics of the subject-matter of the contract. The contracting authority shall fix the technical specifications in one of the following ways:
1. in terms of performance or functional requirements, including environmental, which permit the accurate determination of the parameters of the subject of the contract;
2. by stating in the following order:
a) who bring Bulgarian standards European standards;
b) European technical assessments;
c) common technical specifications;
d) international standards;
e) other standardisation documents established by the European standardisation bodies or-where there are no such standards, through Bulgarian Bulgarian Bulgarian technical approvals or technical specifications relating to design and method of calculation and execution of works and use of the goods;
3. through the establishment of performance or of functional requirements by reference to specifications referred to in paragraph 2, the reference of which shall be deemed to comply with the requirements for such performance or functional requirements;
4. by item 2 specifications for a fraction of the features, for others – by pointing to the performance or functional requirements set out in item 1.
(2) any reference to a standard, specification, technical assessment, technical approval or technical reference at para. 1, item 2 shall be supplemented by the words "or equivalent (s)".
(3) the contracting authority may set additional requirements which relate to the subject-matter of the contract and are proportional to its value and purpose. They can relate to a specific process or method of production or the provision of works, supplies or services, or to a particular process on a different stage of their life cycle.
(4) where appropriate, the technical specifications, the contracting authority shall specify the requirement for the transfer of intellectual property rights.
(5) when the outcome of the contract will be used by natural persons, the technical specifications that define the characteristics of the subject-matter of the contract must comply with the criteria for accessibility for people with disabilities or to allow people with disabilities to enjoy this result.
(6) where by an act of the European Union have set mandatory requirements related to the criteria for accessibility for people with disabilities or conditions for use of such people, the technical specifications shall include a reference to these requirements.
Specific conditions for the determination of technical specifications
Art. 49. (1) the technical specifications must provide equal access for applicants or participants to the procedure for the award of the contract and do not create unjustified barriers to the award of a public contract in terms of competition.
(2) Technical specifications cannot contain a specific make or source, or a specific process that characterizes the products or services offered by a particular potential contractor, nor a trademark, patent, type, or a specific origin or production which would lead to benefit or elimination of certain persons or certain products. By way of exception, when the subject-matter of the contract is impossible to describe sufficiently precise and understandable by the procedure of art. 48, para. 1, allowed such a reference, add the words "or equivalent (s)".
Constraints to remedy
Art. 50. (1) where the technical specifications are defined in accordance with art. 48, para. 1, item 2, the contracting authority may not remove the offer on the grounds that the proposed works, supplies or services do not conform to that standard, specification, technical evaluation or technical approval, if the participant demonstrates in his tender, by appropriate means, including through the evidence under art. 52, the proposed solutions satisfy in an equivalent manner the requirements set by the technical specifications.
(2) where the technical specifications are defined in accordance with art. 48, para. 1, paragraph 1, the contracting authority may not remove the tender for works, supplies or services which comply with the Bulgarian standard transposing a European standard, a European technical assessment, a common technical specification, an international standard or standardization document established by a European standardisation body, if the participant demonstrates in his tender, by appropriate means, including through the evidence under art. 52, that these standardization documents relate to the designated by the contracting authority requirements for performance and functional requirements.
Markings
Art. 51. (1) where the subject matter of the contract include specific environmental, social or other features in the technical specifications, the indicators for assessment or contract performance conditions the contracting entities may require certain marks, proving that performance will correspond to the required characteristics. In these cases, the markings must:
1. to relate to the subject-matter of the contract and are suitable for determining its characteristics;
2. be based on objectively verifiable and non-discriminatory requirements;
3. to be established in accordance with the open and transparent procedure, in which you were eligible to participate all interested parties;
4. are available for use by all potential candidates and participants;
5. are set by an organization that is independent of potential candidates and participants in the procedure for a public contract.
(2) where the contracting authority requires the subject matter of the contract meets all the requirements for markings, it defines what are the applicable requirements for markings.
(3) the contracting entities are required to adopt any equivalent marks, which confirm that the proposed construction, delivery or service meets the requirements for CE marking.
(4) the contracting authorities adopt and any other appropriate evidence of compliance, provided that the tenderer proves that the proposed construction, delivery or service meets the requirements of a specific marking or the specific requirements laid down by the contracting authority.
(5) contracting authorities may not require a specific marking, when she meets the conditions laid down in para. 1, item 2-5, but includes others who are not related to the subject-matter of the contract. In these cases, they determine the technical specifications, indicating only that part of indicators of the CE conformity marking, which are connected with the subject-matter of the contract and are suitable for determining the characteristics of its subject matter.
Minutes of testing, certification and other evidence
Art. 52. (1) the contracting entities may require that participants and applicants to submit a test report from a conformity assessment body or a certificate issued by that body as proof of compliance with the requirements or criteria relating to performance of the contract.
(2) when the contracting entities require the production of certificates drawn up by a particular conformity assessment body, they adopt from other certificates and equivalent bodies.
(3) contracting entities may adopt other appropriate evidence of compliance with the requirements or criteria relating to the execution of the contract where the participant beyond his reasons it is not possible to provide certificates or test reports on al. 1 and 2 or is not able to obtain them within the relevant time limits and provided that the tenderer proves that the works, supplies and services meet the requirements or criteria relating to performance of the contract.
(4) the competent authorities are entitled to issue documents at par. 1 and 2, provided upon request to persons from other Member States within the limits of its competence, unless in the legal act does not contain a prohibition on the provision of such information.
(5) contracting entities may require that samples, description and/or photographs of the products to be supplied and the conformity of which with the goods must be shown upon the request of the contracting authority.
Options
Art. 53. (1) the contracting authorities may authorize or require the submission of variants in the offer. In such cases, they shall indicate this information in the notice, be made with the opening of the procedure, or in the invitation to confirm the interest.
(2) the options must be connected with the subject-matter of the contract.
(3) in the cases referred to in para. 1 the contracting entities shall indicate in the contract documents the contract minimum requirements to be met by the variants and any specific requirements for their presentation.
(4) The examination shall be adopted only options which meet the minimum requirements specified by the contracting entities.
(5) the award criteria and Selected indicators for the evaluation of tenders should be able to be applied in the same way as to tenders which contain variants meeting the minimum requirements and to tenders which do not contain options.
(6) in procedures for awarding public supply or service contracting entities which have authorised or have required variants may not reject a variant on the grounds that only his choice would lead to the conclusion of a service contract rather than a supply contract or vice versa – a supply contract rather than a service contract.
Chapter seven
REQUIREMENTS FOR APPLICANTS AND PARTICIPANTS
Section I
Personal situation of applicants and participants
Grounds for mandatory removal
Art. 54. (1) the contracting authority removed from participation in a procurement procedure or when the candidate participant:
1. has been convicted by a final judgment, unless rehabilitated, a crime under art. 108 a, art. 159A – 159 g, art. 172, art. 192 a, art. 194-217, art. 219-252, art. 253 – 260, art. 301-307, art. 321, 321 and art. 352-353 is a of the Penal Code;
2. has been convicted by a final judgment, unless it is rehabilitated, a crime similar to those referred to in paragraph 1, in another Member State or a third country;
3. There are obligations on taxes and mandatory contributions within the meaning of art. 162, para. 2, item 1 of the tax-insurance procedure code and interest thereon, to the State or the municipality in which the contracting authority and the applicant or participant, or similar obligations, established by an act of the competent authority, in accordance with the legislation of the country in which the candidate or tenderer is established, unless it is granted, deferring or rescheduling collateral obligations or commitment is the Act which has not entered into force;
4. There is an inequity in the cases under art. 44, para. 5;
5. it is established that:
a) has submitted a false document content associated with authentication the absence of grounds for removal or the fulfilment of the criteria for selection;
(b)) has not provided required information related to authentication the absence of grounds for removal or the fulfilment of the criteria for selection;
6. established by entered into force criminal decree or judgment that in the performance of the procurement contract has violated art. 118, art. 128, art. 245 and article. 301-305 of the labour code or similar obligations laid down by decision of the competent authority, in accordance with the legislation of the country in which the candidate or tenderer is established;
7. There is a conflict of interests, which may not be removed.
(2) the grounds referred to in paragraph 1, item 1, 2, and 7 shall apply to the persons who constitute the participant or applicant, the members of the management and supervisory bodies and other persons who have the power to exercise control when taking decisions of such bodies.
(3) paragraph 1, item 3 shall not apply where:
1. the need to protect particularly important Government or public interests;
2. the amount of unpaid taxes or social security contributions is not more than 1 per cent of the amount of the annual total turnover for the last completed financial year.
Grounds for optional removal
Art. 55. (1) the contracting authority may remove from participation in a procurement procedure candidates or participant for whom there is any of the following circumstances:
1. is declared bankrupt or is in bankruptcy proceedings, or is in the process of liquidation, or has entered into an out-of-court settlement with his creditors within the meaning of art. 740 of the commercial code, or has ceased its activities, and in the event that the candidate or tenderer is a foreign entity – is in a similar situation arising from a similar procedure under the legislation of the State in which it is established;
2. is the right to exercise a profession or activity under the legislation of the State in which the acts were committed;
3. entered into agreement with other persons for the purposes of distortion of competition, when the infringement is established by an act of the competent authority;
4. it has been proven that is to blame for the failure of a contract for a public contract or a concession contract for construction or service, led to his early termination, payment of benefits or similar penalties, except in cases when the failure affects less than 50 percent of the value or volume of the Treaty;
5. He tried to:
a) affect the decision of the contracting authority related to removal, selection or award, including through the provision of false or misleading information, or
(b)) received information that can give him unfair advantage in the procedure for the award of a public contract.
(2) the contracting authority shall specify circumstances under para. 1 in the notice, be made with the initiation of the proceeding or invitation to confirm the interest, and in procedures under art. 18, al. 1.8, 9 and 13, in the invitation to take part in the negotiations.
(3) the grounds under para. 1, item 5 shall apply to the persons who constitute the participant or applicant, the members of the management and supervisory bodies and other persons who have the power to exercise control when taking decisions of such bodies.
(4) where the contracting authority has set th vane of no circumstances under para. 1, item 1, he is entitled to no remedy of the candidate or contestant on that basis, if it is proved that it has ceased its activities and is able to perform the contract in accordance with applicable national rules for the continuation of business in the State in which it is established. This opportunity shall be indicated in the notice, be made with the opening of the procedure, and in procedures under art. 18, al. 1.8, 9 and 13, in the decision to open.
(5) the requirements for the absence of circumstances referred to in paragraph 1. 1. the contracting entity shall take into account the subject matter and the amount of the contract.
Measures to demonstrate the reliability
Art. 56. (1) an applicant or participant for whom there are grounds under art. 54, para. 1 circumstances specified by the contracting authority and referred to in art. 55, para. 1, is entitled to present evidence that it has taken measures to ensure its reliability, despite the existence of appropriate grounds for removal. For this purpose the applicant or participant can prove that: 1. is repaid their obligations under art. 54, para. 1, item 3, including accrued interest and/or fines or that they are staggered, deferred or secured;
2. has paid, or is in the process of payment of due compensation for any damage occurring as a result of his crime or violation;
3. has clarified exhaustively facts and circumstances, such as actively collaborating with the competent authorities, and has fulfilled the specific requirements, technical, organizational and personnel measures to prevent new crimes or violations.
(2) the contracting authority shall assess the measures taken by the applicant or participant measures, taking into account the severity and specific circumstances relating to the offence or the offence.
(3) in the event that the measures taken by the applicant or participant measures are sufficient to ensure its reliability, the contracting authority shall not remove from the procedure.
(4) the reasons for the acceptance or rejection of the measures taken under paragraph 1. 1 and the evidence submitted must be mentioned in the decision on pre-selection, respectively in the ranking or the termination of the procedure, depending on the type and stage of the procedure.
(5) an applicant or participant who with the judgement or other act in accordance with the legislation of the country in which the verdict was issued or the Act is deprived of the right to participate in procedures for public contracts or concessions, is not entitled to use the procedure laid down in paragraph 1. 1 the possibility of time, as determined by the verdict or the Act.
Application of the grounds for removal
Art. 57. (1) the contracting authority shall remove from the candidate procedure or participant for whom there are grounds under art. 54, para. 1 circumstances specified by the contracting authority and referred to in art. 55, para. 1, occurred before or during the procedure.
(2) paragraph 1 shall also apply where an applicant or participant in the procedure is a grouping of natural and/or legal persons and member of a grouping is one of the reasons for the removal.
(3) the reasons for the removal shall apply until the expiry of the following periods:
1. five years from the entry into force of the sentence – with respect to circumstances under art. 54, para. 1, paragraphs 1 and 2, unless the sentence was referred to another time;
2. three years after the date of the occurrence of the circumstances under art. 54, para. 1, item 5 (a) and 6 and art. 55, para. 1, item 2-5, unless in the Act that established the fact is referred to another period.
(4) operators, for which there are circumstances under art. 54, para. 1, item 5 (a) and article. 55, para. 1, item 4 and 5 shall be included in a list, which has an informative character.
(5) in the case of a removal referred to in art. 54 and 55, the contracting authority must provide evidence of grounds for removal.
Proving the lack of grounds for removal
Art. 58. (1) to demonstrate the lack of grounds for removal the successful tenderer selected for artist, presents:
1. for the circumstances under art. 54, para. 1, item 1 – certificate of criminal record;
2. the circumstance under art. 54, para. 1, item 3 – certificate from the revenue bodies and a certificate from the municipality in which the contracting authority and the applicant or participant;
3. the circumstance under art. 54, para. 1, item 6 – certified by the authorities of the Executive Agency "General Labour Inspectorate";
4. for the circumstances under art. 55, para. 1, item 1 – a certificate issued by the registry Agency.
(2) when the certificate referred to in paragraph 1. 1, item 3 shall contain information about the entered into force criminal decree or judgment for violation of art. 54, para. 1, item 6, the participant shall submit a declaration to the effect that the irregularity was not committed in the performance of the procurement contract.
(3) where the player chosen for the artist, is a foreign person, he shall submit the relevant document in al. issued by a competent authority, in accordance with the legislation of the country in which the tenderer is established.
(4) in the cases referred to in para. 3, when in the State concerned does not issue documents for the following circumstances or when the documents do not include all the circumstances, the participant shall submit a declaration if such a declaration has a legal meaning in accordance with the legislation of the State concerned.
(5) where a declaration has no legal meaning, the participant shall submit a formal request made to the competent authority in the State concerned.
(6) the contracting authority is not entitled to require submission of the documents referred to in para. 1, when the circumstances in them are available through the public registry information or free or access to it shall be granted by the competent authority of the contracting authority in an official way.
Section II
Selection criteria
General requirements
Art. 59. (1) the contracting authority may determine in respect of the applicants or the participants selection criteria relating to:
1. suitability (legal capacity) for the exercise of a professional activity;
2. the economic and financial situation;
3. technical and professional abilities.
(2) contracting entities may use against the applicants or participants only the selection criteria under this Act which are necessary to establish their ability to fulfil the order. The stated criteria must be consistent with the object, the value, volume and complexity of the contract. When the contract has separate positions, the selection criteria for each of the lots must be appropriate to the subject matter, the value, volume and complexity of the position.
(3) contracting authorities shall be entitled to require from applicants or participants other documents for proof of compliance with the selection criteria, other than those specified in this law.
(4) in determining the documents to substantiate the selection criteria the contracting authorities require that covered electronic database for supporting documents of the European Commission "is-Sertis".
(5) contracting entities shall indicate the selection criteria and the documents that prove their performance, in the notice, be made with the opening of the procedure, or in the invitation to confirm the interest, and in procedures under art. 18, al. 1.8, 9 and 13, in the invitation to take part in the negotiations. With the selection criteria to determine the minimum eligibility requirements.
(6) the participation of associations having no legal personality, the compliance with the selection criteria shall be evidenced by a grouping participant, not by any of the persons included in it, with the exception of the relevant registration, presentation of a certificate or other condition necessary for performance of the contract, in accordance with the requirements of law or an administrative act and in accordance with the distribution of the participation of individuals in the performance of activities provided for in the Treaty establishing the unification.
(7) When the conditions for performance of the contract have to be included that relate to associations and differ from the terms and conditions for individual participants or candidates, they must be justified by objective reasons and are proportionate.
Fitness (aptitude test) for the exercise of professional activity
Art. 60. (1) where applicable, contracting authorities are entitled to require from applicants or participants are entered in the commercial register and/or in the relevant professional register, and for non-residents – in similar registers in accordance with the legislation of the Member State in which they are established.
(2) the procedures for the award of public service contracts, when the performance of the service, in accordance with the legislation of the country in which the candidate or tenderer is established, it takes special permission or membership in a particular organization, the contracting authority may require him to prove the existence of such authorization or membership.
Economic and financial standing
Art. 61. (1) in respect of the economic and financial situation of the applicants or participants, contracting entities may impose one or more of the following requirements:
1. they must have made a minimum total turnover, including minimum turnover in the areas falling within the scope of the contract, calculated on the basis of the annual turnovers;
2. to have professional liability insurance with coverage for the volume and nature of the contract or resulting from normative act;
3. to have achieved a positive correlation between assets and liabilities.
(2) the required minimum total turnover by the contracting entities under para. 1, item 1 should be consistent with the value, volume and period of performance of the contract and may not exceed twice its estimated value, unless it is justified by the nature of the works, supplies or services. In the event that the contracting authority requires the turnover, which exceeds the maximum, it motivates this in the notice.
(3) When a particular contract is divided into lots, the requirement under paragraph 1. 2 applies to each individual position.
(4) when an internal competitive selection on the basis of a framework agreement, the condition under paragraph 1. 2 applies to the estimated value of the procurement, and if she can't determine – on the basis of the estimated value of the framework agreement.
(5) in the dynamic purchasing systems, the condition under paragraph 1. 2 apply to the expected maximum size of the specific contracts awarded under this system.
(6) in the cases referred to in para. 1, item 3 the contracting authority shall specify in the contract documentation for ways to establish and calculation of the criterion, in accordance with the methodology set out in the regulation for implementation of the law.
Documents for proof of economic and financial standing
Art. 62. (1) to demonstrate the economic and financial situation of the applicants or the participants perform one or more of the following documents in connection with the requirements:
1. appropriate statements from banks;
2. evidence of professional liability insurance;
3. annual financial statements or their constituents, when their publication is required;
4. a statement of overall turnover and turnover in the area covered by the contract.
(2) when a good reason a candidate or contestant is unable to submit the documents requested by the contracting authority, he may prove his economic and financial standing by means of any other document which the contracting authority considers appropriate.
(3) data on turnover in the Al. 1, item 4 may cover a maximum of the last three completed financial years depending on the date on which the candidate or tenderer is established or started trading.
Technical and professional capacity
Art. 63. (1) the contracting authority may determine the criteria on the basis of which to establish that applicants or participants have the necessary human and technical resources, as well as with the experience of performance of the contract in compliance with the appropriate quality standard. The contracting authority may require the applicant or participant:
1. have executed activities with subject and volume, identical or similar to those of the order, for the most recent:
a) five years from the date of filing of the application or of the offer – for construction;
b) three years from the date of filing of the application or of the offer – for supplies and services;
2. to have the required number of technicians and/or organizations included or not in the structure of the applicant or participant, including those responsible for quality control and, in the public works contracts — persons who will carry out the construction works;
3. to have the necessary technical means and facilities for quality assurance, including for study and research, as well as to apply certain measures of quality assurance;
4. a system for the management and tracking of deliveries, which will apply when performing the contract;
5. to employ staff and/or management with a certain professional competence for the execution of the contract, in the event that the requirement is not used as a metric for the evaluation of tenders;
6. to apply certain measures for the conservation of the environment in the implementation of the contract;
7. to present information about srednospis″čniâ annual number of staff and the number of members of the managerial staff for the last three years;
8. dispose of the tools, plant and technical equipment required for the performance of the contract;
9. the goods are certified by accredited persons for quality control, attesting to their conformity with the specifications or standards;
10. to apply quality management systems, including access for people with disabilities;
11. to apply the systems or environmental standards.
(2) in the cases referred to in para. 1, item 1, where the nature of the order so requires, the contracting authorities may fix a period longer than that.
(3) where the object of the public contract is complex or special purpose, the contracting authority may verify the technical abilities of the candidate or tenderer and, where appropriate, test equipment and testing and quality assurance. The contracting authority may request from the competent authority of the country in which the candidate or tenderer is established, if that authority is prepared to carry out an inspection on behalf of the principal.
(4) in the procedures for the award of public supply contracts that require installation or installation work, the provision of services or for the execution of works, the contracting entities may impose requirements to applicants or participants for their skills and experience to provide the service or perform the installation or construction work.
(5) in the cases referred to in para. 4 in terms of procedure, the contracting authority may lay down a requirement and crucial activities to be carried out directly by the participant, respectively, by a participant in the joint.
(6) as a criterion for selection cannot include terms or conditions that are associated with the execution of public contracts only, or with the implementation of specific programmes or projects referred to, or with the specification of sources of funding, or a certain number of executed contracts with a concrete indication of their subject matter.
Proof
Art. 64. (1) to demonstrate the technical and professional capacity of the candidate or the participants perform one or more of the following documents and evidence in connection with the requirements:
1. a list of the works that is identical or similar to the subject-matter of the contract, together with performance certificates that contain the value date on which the performance, location, type and volume, and whether it is fulfilled in accordance with regulatory requirements;
2. list of supplies or services which are identical or similar to the subject-matter of the contract, with an indication of the values, dates and recipients, along with proof of delivery or service;
3. list of technical persons and/or organisations involved or not in the structure of the applicant or participant, including those responsible for quality control and, in the public works contracts — persons who will carry out the construction works;
4. a list of the technical means and facilities for quality assurance, including for research and study, and a description of the measures used by the candidate or tenderer to ensure quality;
5. Description of the system for the management and tracking of supply;
6. list of staff who will carry out the order, and/or members of the administrative staff, who will be responsible for the implementation, in which it is referred to professional competence of persons;
7. Description of the measures for the protection of the environment and, where applicable, and an indication of the standards or norms that apply;
8. Declaration of srednospis″čniâ annual number of staff and number of members of the managerial staff for the last three years;
9. a statement of the tools, plant and technical equipment that will be used for the execution of the order;
10. the certificates issued by accredited persons for quality control, showing compliance of the goods with the specifications or standards.
(2) the contracting authority may not accept proof of technical and professional abilities when it arises from a person who has an interest in, which can lead to a benefit within the meaning of art. 2, al. 3 of the law on the prevention and the establishment of a conflict of interest.
(3) where the contracting authority requires the submission of certificates attesting the compliance of the candidate or tenderer with quality management standards, including access for people with disabilities, the contracting authority shall indicate the quality management systems by the relevant European standards series.
(4) in the event that the contracting authority requires the presentation of certificates attesting the compliance of the candidate or tenderer with certain systems or standards of environmental protection, he shall indicate the environmental and audit scheme (EMAS) or the standards for the protection of the environment through the relevant European or international standards. The contracting authority shall be entitled to plead and other environmental management systems, recognized in accordance with art. 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and repealing Regulation (EC) no 761/2001 and decisions 2001/681/EC and 2006/193/EC (OB, L 342/1 of 22 December 2009) or other environmental management standards based on the relevant European or international standards in accredited bodies.
(5) the certificates referred to in paragraph 1. 3 and 4 must be issued by independent persons who are accredited by the relevant European standards series of Executive Agency "Bulgarian accreditation service" or by another national accreditation body that is a signatory to the multilateral agreement on mutual recognition of European accreditation organisation for the area concerned, or to satisfy the requirements of recognition under art. 5 (a), para. 2 of the law on national accreditation of conformity assessment bodies.
(6) the contracting authority shall accept equivalent certificates from bodies established in other Member States.
(7) the contracting authority shall accept other evidence of equivalent quality assurance measures or for the protection of the environment, where an applicant or participant had no access to such certificates or no possibility to obtain them within the relevant time limits beyond his reasons.
(8) in the cases referred to in para. 7 the applicant or participant must be able to demonstrate that the proposed measures are equivalent to those required.
Capacity utilization to third parties
Art. 65. (1) the Applicants or participants for specific contract to rely on the capacity of third parties, irrespective of the legal relationship between them, with respect to the criteria relating to economic and financial status, technical capability and professional competence.
(2) with respect to the criteria relating to professional competence, applicants or participants may rely on the capacity of the third party only if the persons whose education, qualifications or experience is proving compliance with the requirements of the contracting authority, will participate in the implementation of the part of the order to which this capacity is needed.
(3) where the candidate or tenderer relies on the capacity of third parties, he must be able to prove that their resources will be available to it, as to the third party obligations.
(4) the third party must comply with the relevant criteria for selection, to demonstrate that the candidate or tenderer relies on their capacity and for them there are no grounds for removal from the procedure.
(5) the contracting authority shall request the applicant or participant to replace that from it a third person if it does not meet any of the conditions referred to in paragraph 1. 4.
(6) in terms of the procedure, the contracting authority may lay down a requirement for joint and several liability for performance of the contract by the applicant or participant, and third person, whose capacity is used to demonstrate compliance with the criteria relating to the economic and financial situation.
(7) where an applicant or participant in the procedure is a grouping of natural and/or legal persons, he may prove the fulfilment of the criteria for the selection of third parties subject to the terms and conditions under para. 2-4.
Subcontractors
Art. 66. (1) the Applicants and the participants shall indicate in the application or tender subcontractors and the proportion of the contract which will award them, if they intend to use them. In this case, they must present proof of liabilities incurred by the subcontractors.
(2) the Contractors must comply with the relevant selection criteria according to the type and proportion of the contract which will perform, and for them there are grounds for removal from the procedure.
(3) the contracting authority requires the replacement of a contractor who does not qualify under para. 2.
(4) where the proportion of the contract which is being carried out by a subcontractor, can be transmitted as a separate entity to the contractor or to the contracting authority, the contracting authority shall pay remuneration for the part of a subcontractor.
(5) Payments under para. 4 shall be carried out on the basis of the request made by the subcontractor to the contracting authority by the contractor, which is obliged to provide to the contracting authority within 15 days of its receipt.
(6) the request under paragraph 1. 5 the contractor shall provide an opinion, from which it is apparent whether the challenged payments or part of them as undue.
(7) the contracting authority shall be entitled to withhold payment under para. 4, when the request for payment is challenged, up to the time of removal of the cause of the refusal.
(8) applicable rules concerning direct payments to subcontractors shall be specified in the documentation for the contract and in the contract for the award of the contract.
(9) Notwithstanding the possibility for the use of subcontractors, the responsibility for performance of the contract for the contractor's contract.
(10) in the case of public contracts for works and services, whose implementation is provided in object to the contracting authority, after the conclusion of the contract and at the latest before the beginning of its implementation, the contractor shall notify the contracting authority of the name, contact details and the subcontractors indicated in the offer. The contractor shall notify the contracting authority of any change in the information provided in the course of performance of the contract.
(11) the replacement or the inclusion of a subcontractor during the performance of a public contract shall be permitted in exceptional cases, when the need arises, if both the following conditions are met:
1. for new subcontractor there are no grounds for removal in the procedure;
2. the new subcontractor meets the criteria for selection of who was in charge the former subcontractor, including with respect to the cases and the type of activities you will perform in accordance with the adjusted so far implemented activities.
(12) when replacing or inclusion of a subcontractor of the contracting authority, the contractor shall submit all documents proving the fulfilment of the conditions set out in para. 11.
Section III
Declare a private state and conformity with the selection criteria
A single European public procurement document
Art. 67. (1) upon submission of an application or offer the candidate or tenderer shall declare the absence of grounds for removal and consistent with the selection criteria by submitting a single European public procurement document (EEDOP). It also provides relevant information required by the contracting authority, and shall specify the national databases, which contain the declared circumstances, or the competent authorities that, under the law of the State in which the candidate or tenderer is established shall be obliged to provide information.
(2) where the applicant or participant has indicated that it will use the capacity of the third party to prove the compliance with the selection criteria or that will use subcontractors for each of these persons shall submit a separate EEDOP, which contains the information referred to in para. 1.
(3) applicants and participants can use EEDOP, which has already been used in a previous procurement procedure, provided that you confirm that the information contained therein is still up to date.
(4) the single European procurement document shall be provided in electronic form on the pattern established by an act of the European Commission.
(5) the contracting authority may require of participants and applicants at any time to present all or part of the documents, which prove the information referred to in EEDOP, where this is necessary for the lawful conduct of the procedure.
(6) Before the conclusion of the contract, framework agreement or award a contract on the basis of the framework agreement the contracting authority requires of participants allocated to contractor to provide relevant documents certifying the absence of grounds for removal of the procedure, as well as compliance with the selection criteria. The documents are presented for subcontractors and third parties, if any.
(7) paragraph 6 shall not apply to the award of the contract based on a framework agreement concluded with a participant, in which all the terms are defined.
(8) the contracting authority shall not be entitled to require documents that:
1. already have been submitted or are officially known, or
2. can be provided through direct and free access to national databases of Member States.
Section IV
Official lists of approved economic operators and certification by bodies
Proof through registration in official lists or certification by the authorities
Art. 68. (1) to demonstrate the personal situation, compliance with the selection criteria or accordance with the technical specifications of the candidate or tenderer may submit a certificate of registration in the official lists of approved economic operators or a certificate issued by a certification authority. In these cases, the contracting authority may not remove the applicant or participant in the proceeding or to refuse to enter into a contract with him on the grounds that it has not delivered any of the required documents, provided that the relevant circumstances are proven by the certificate or certificate.
(2) for any specific procedure, the contracting authority may require additional certificate relating to the payment of social security contributions and taxes, irrespective of the applicant or participant certificate of registration in the official lists of approved economic operators, except in the cases under art. 67, para. 8.
(3) the information that may be derived from registration in official lists or certification may not be questioned without the presence of the grounds.
(4) the contracting authority may not require applicants or participants from other Member States to go through the process of registration or certification to participate in the contract. The contracting authority shall recognise equivalent certificates from bodies established in other Member States.
(5) the contracting entities are obliged to accept for registration certificates or certificates issued by bodies established in the Republic of Bulgaria or in another Member State in which the candidate or tenderer is established.
Official lists of approved economic operators and certification by bodies
Art. 69. (1) the Council of Ministers may establish bodies or individuals who create and maintain official lists of approved economic operators for certain activities or certification bodies for the certification of operators of conformity with technical specifications.
(2) the conditions for entry in the list under para. 1 must comply with the requirements of art. 54-64.
(3) registration of persons from other Member States in the lists referred to in paragraph 1. 1 or for their certification by the bodies referred to in para. 1 do not require additional evidence other than the Bulgarian parties.
(4) the persons or bodies referred to in paragraph 1. 1 are obliged, upon request by a person established in another Member State, provide information on the documents submitted as proof of registration in the official list or as proof that the economic operators from another Member State possess an equivalent certificate.
Chapter eight
CRITERIA FOR THE AWARD OF CONTRACTS
Types of criteria for the award
Art. 70. (1) the public contracts awarded on the basis of the most economically advantageous tender.
(2) the most economically advantageous tender shall be determined on the basis of the following award criteria:
1. the lowest price;
2. the level of expenditure, taking into account cost-effectiveness, including the cost of whole life cycle;
3. the optimal quality/price ratio, which is assessed on the basis of the price or level of expenditure, as well as the indicators, including qualitative, environmental and/or social aspects connected with the subject-matter of the contract.
(3) the chosen award criteria under para. 2 shall be indicated in the notice, be made with the initiation of the proceeding or invitation to confirm the interest, and in the documentation for the contract.
(4) the indicators included in the criteria under para. 2, item 3, may contain:
1. measure of quality, including technical parameters, aesthetic and functional characteristics, availability, purpose for all users, social, ecological and innovative features and innovative sales techniques and conditions;
2. Organization and professional competence of the staff, which is responsible for performance of the contract, where the quality of the contract staff may have a significant impact on the performance of the contract, or
3. service and support, technical assistance and conditions such as: due date, method and period of performance or time limit for completion.
(5) the indicators included in the criteria under para. 2, item 2 and 3 must be connected with the subject-matter of the contract. They may contain factors that relate to each stage of the life cycle of the works, supplies or services, although these factors relate to the characteristics set out in the technical specifications. They must not give unlimited freedom of choice and to ensure genuine competition.
(6) where the criterion for the award includes more than one item, the contracting entity shall fix in the contract notice or invitation to confirm interest and in the documentation for the relative weight of all indicators, and when this is objectively impossible, arrange them in descending order of importance. The contracting authority may lay down minimum and maximum limits of quantitative indicators.
(7) the contracting authority shall indicate in the documentation methodology for integrated assessment and ways to determine the assessment on each indicator. The way it should:
1. to make it possible to assess the level of performance offered in each tender, in accordance with the subject matter of the contract and the technical specifications;
2. allowing it to be compared and assessed objectively the technical proposals in tenders;
3. to provide to applicants and participants enough information about the rules that will apply in determining the assessment in each indicator, such as:
(a) quantitative indicators opredelimite) specify the values in figures or in rates and indicate the method of their calculation;
(b)) the qualitative indicators which are quantifiable, indicate the way for their assessment by the Commission with a specific value by an expert evaluation.
(8) in duly justified cases payable or costs can be fixed. In these cases, the assessment is based solely on indicators related to quality measurement.
(9) when a public contract having as its object the execution of works and designing indicators for assessment must include features relevant to each of the two activities.
(10) does not allow the inclusion of indicators for evaluation, taking into account the time for making payments (delayed or deferred payment) or assessment of the amount of the advance payment or refusal, where provision is made for the granting of advance.
(11) where the price of goods or services – the subject of the contract are subject to the regulation, applicants or participants can offer different prices only when it does not violate the policy of regulating those prices.
(12) the contracting entities are not permitted to include selection criteria as indicators for the evaluation of the tenders.
Cost estimate for the entire life cycle
Art. 71. (1) the cost of whole life cycle include the acquisition price and one or more of the following costs:
1. the costs to be borne by the contracting authority or other users, such as:
(a) the use, costs) as consumption of energy and other resources;
(b) maintenance costs);
in the end of) cost operational period as the cost of collecting and recycling;
2. the costs associated with environmental factors in terms of product, service or construction during their entire life cycle, provided that their value can be determined and verified; These costs may be associated with emissions of greenhouse gases and other harmful emissions or for mitigating the effects of climate change.
(2) when the contracting entities shall provide an estimate of the cost for the entire life cycle, they shall indicate in the contract documents the contract data to be presented by the participants and the manner for determining the assessment.
(3) when assessing the costs associated with environmental factors, the method for determining their score must meet the following conditions:
1. be based on non-discriminatory criteria and allows for objective examination; When the method is developed for the specific contract, it should not give undue advantage to some persons and other disadvantaged;
2. to be accessible to all stakeholders;
3. the data required by the contracting authority may be submitted by the participants in the application of reasonable efforts, including where they are from third countries which are party to the agreement on government procurement (GPA) of the World Trade Organization or are a party to other international agreements, to which the European Union is bound.
(4) a method for the calculation of certain costs for the entire life cycle is mandatory according to the legislation of the European Union, contracting entities are required to use this method.
(5) the award of a public contract for the supply of road vehicles in annex No 11 for the calculation of certain costs for the entire life cycle contracting entities shall apply the procedure laid down by Decree of the Minister of transport, information technology and communications.
Unusually favorable quotes
Art. 72. (1) where a proposal to offer the participant associated with the price or the cost, which shall be subject to evaluation, is more than 20 per cent more favourable than the average value of the proposals of the other participants in the same indicator for the evaluation, the contracting authority requirements CA detailed written rationale for the manner of its formation, which is presented in 5 days from the receipt of the request.
(2) the rationale under para. 1 may refer to:
1. the economic characteristics of the production process, of the services or of the construction method;
2. the technical solutions chosen or the exceptionally favourable conditions available to the tenderer for the supply of products or services or for the execution of the construction works;
3. the originality of the proposed decision by the participant in respect of the works, supplies or services;
4. compliance with obligations under art. 115;
5. the participant the opportunity to receive State aid.
(3) the resulting statement is evaluated in terms of its completeness and objectivity concerning the circumstances under para. 2 referred to the participant. Where appropriate, the participant may be charged a statement of information. The rationale may not be accepted and the participant to be removed only when the evidence is not sufficient to justify the proposed price or costs.
(4) does not accept an offer when it is established that the proposed price or it costs by more than 20 per cent more favourable than the average values of the relevant proposals in the other deals, because you have not been complied with norms and rules relating to the protection of the environment, social and labour law, applicable collective agreements and/or provisions of international environmental, social and labor law which are listed in annex 10.
(5) does not accept an offer when it is established that the proposed price or in it costs by more than 20 per cent more favourable than the average of the relevant proposals in the other deals due to the State aid received, when the participant is unable to prove within the prescribed period, that the aid is compatible with the internal market within the meaning of art. 107 TFEU.
(6) the contracting entities are required to notify the European Commission of all cases under para. 5.
(7) all authorities shall on request and within the limits of its competence to provide the contracting entities, including from other Member States, information relating to laws and regulations, applicable collective agreements or national technical standards relating to the evidence and documents submitted in connection with the data referred to in paragraph 1. 2.
Chapter nine
PROCEDURES APPLIED BY PUBLIC ENTITIES
Rules for the selection procedure
Art. 73. (1) the award of public contracts public entities may choose freely open or restricted procedure.
(2) contracting authorities may choose the adversarial procedure with bargaining or competitive dialogue:
1. when ordering, for which there is any of the following conditions:
and the needs of the contracting authority) cannot meet without adapting the solutions available on the market;
(b)) the contract includes solution/solutions associated/related to design or innovation;
in the contract) cannot be assigned without negotiations because of the special circumstances linked to the nature, complexity or legal and financial framework, or due to the risks involved;
(d) the technical specifications) may not be established by the contracting authority with the necessary accuracy by reference to the standard, a European technical assessment, common technical specifications or technical standards;
e) procurement is for services in annex 2;
2. when open or restricted procedure has been terminated, since the tenders submitted do not meet the conditions for the submission, including the form, manner and time, or applicants or participants do not meet the stated eligibility criteria, or any one of the grounds for the removal of the procedure.
(3) in the partnership for innovation, a negotiated procedure without prior publication of a contract notice and a design contest shall apply mutatis mutandis the provisions of art. 78-80.
Open procedure
Art. 74. (1) the minimum time limit for receipt of tenders in an open procedure is 35 days from the date of dispatch of the contract notice for publication.
(2) the period referred to in para. 1 can be shortened, but it may not be less than 15 days, if the contracting entity has published a notice of prior information and:
1. was sent for publication between 35 days and 12 months before the date of dispatch of the contract notice for the publication, and
2. include all the information in part a, section I of the annex No 4.
(3) the time limit referred to in paragraph 1. 1 can be reduced by five days where the contracting authority has made the submission of tenders by electronic means, in accordance with art. 39, para. 1, 2, and para. 8-13.
(4) in the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit referred to in paragraph 1. 1, contracting authorities may fix a time limit for the receipt of tenders not less than 15 days from the date of dispatch of the contract notice for publication.
(5) in the contract notice the contracting authority motivated application of para. 4.
Restricted procedure
Art. 75. (1) any person may submit an application to take part in a restricted procedure, in which you must provide the requested information by the developer about the lack of grounds for removal and its conformity with the selection criteria.
(2) the minimum time limit for receipt of requests to participate in restricted procedure is 30 days from the date of dispatch of the:
1. the contract notice for publication or
2. the invitation to confirm the interest when disclosures of the opening of the procedure is used for prior information notice.
(3) in a restricted procedure tenders submitted only candidates which the contracting authority has invited after a pre-selection.
(4) the minimum time limit for the receipt of tenders in restricted procedure is 30 days from the date of dispatch of the invitation to tender.
(5) the time limit referred to in paragraph 1. 4 can be shortened, but it may not be less than 10 days, provided that the contracting entity has published a notice of prior information, which is not used for announcing the opening of a procedure, and it:
1. was sent for publication between 35 days and 12 months before the date of dispatch of the contract notice for the publication, and
2. include all the information in part a, section I of the annex No 4.
(6) the period referred to in para. 4 can be reduced by five days where the contracting authority has made the submission of tenders by electronic means in accordance with art. 39, para. 1, 2, and para. 8-13.
(7) in the event of circumstances requiring urgent procurement, which is why it's impossible terms under para. 2 and 4, the contracting authorities may fix:
1. the time limit for receipt of requests to participate: not less than 15 days from the date of dispatch of the contract notice for publication;
2. the time-limit for receipt of tenders – not less than 10 days from the date of dispatch of the invitation to tender.
(8) in the contract notice the contracting authority motivated application of para. 7.
(9) public entities under art. 5, al. 2, item 8, 9, 14 and 16 may set a time-limit for receipt of tenders and in agreement with the selected candidates after the completion of the selection. The agreement is permissible only if all candidates be given equal time for preparation and submission of tenders.
(10) where no agreement is reached under paragraph 1. 9, the period shall be determined by the contracting authority and may not be less than 10 days from the date of dispatch of the invitation to tender.
Adversarial procedure with bargaining
Art. 76. (1) any person may submit an application for participation in competition with negotiation, which must provide information requested by the contracting authority concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) the contracting authority documentation describes their needs and the characteristics of the supplies, services or works and defines the criteria for the award of the contract. The documentation shall specify and minimum requirements to be met by the tenders. The information given must be sufficiently precise to enable the persons concerned to identify the nature and scope of the order and decide whether or not to participate in the procedure.
(3) the minimum time limit for receipt of requests to participate in the procedure is 30 days from the date of dispatch of the:
1. the contract notice for publication or
2. the invitation to confirm the interest in disclosure – when opening the procedure was used for prior information notice.
(4) in competition with negotiation only candidates which the contracting authority has invited after a pre-selection may submit initial offers to serve as a basis for negotiations.
(5) the minimum time limit for the receipt of initial bids is 30 days from the date of dispatch of the invitation referred to in paragraph 1. 4.
(6) the periods referred to in para. 3 and 5 can be shortened under the conditions under art. 75, para. 5-8.
(7) the contracting authority is conducting negotiations with the participants to improve the content of the initial and subsequent offers.
(8) negotiations can be conducted in successive stages in order to reduce the number of tenders concerned by applying the award criteria and indicators for the evaluation of the tenders indicated in the contract notice or in the invitation to confirm the interest.
(9) where the contracting authority intends to make use of the option under paragraph 1. 8, he shall indicate this in the contract notice or in the invitation to confirm the interest.
(10) at any stage of the negotiations, the contracting authority shall inform participants of any changes to the technical specifications or in another document from the documentation, where this is permitted. The contracting authority shall provide the participants plenty of time to reflect changes in the offers and their presentation.
(11) When the contracting authority intends to complete the step-by-step negotiations, it shall inform the participants and sets a time limit for the submission of final offers. In these cases, the contracting authority shall verify that the final bids meet the minimum requirements and evaluate them on the basis of selected criteria for the award.
(12) When using the option under paragraph 1. 11, the number of offers on the final stage to ensure real competition in so far as there are sufficient offers or admitted candidates.
(13) minimum requirements to be met by the tender and assessment indicators are non-negotiable and cannot be changed.
(14) in the conduct of the negotiations, the contracting authority shall ensure equal treatment of participants, such as not providing information in a way that could give an advantage to some players over others.
(15) the contracting authority is not entitled to submit proposals or other confidential information obtained from a participant in the talks, the other participants without the express consent in each case.
(16) the contracting authority may not conduct negotiations and to award the contract on the basis of the proposals in the original tenders submitted when such a possibility was foreseen in the notice, be made with the opening of the procedure, or in the invitation to confirm the interest.
Competitive dialogue
Art. 77. (1) any person may submit an application for participation in a competitive dialogue, which must provide the contracting authority with information concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) the contracting authority shall specify in the contract notice and/or in a descriptive document their needs and requirements, award criteria, indicators for the evaluation of the tenders and the indicative timetable for the conduct of the proceeding.
(3) the minimum time limit for receipt of requests to participate shall be 30 days from the date of dispatch of the contract notice for publication.
(4) only candidates which the contracting authority has invited after a pre-selection may be involved in the next stage of the procedure – dialogue.
(5) during the dialogue can discuss all issues related to the contract, in order to identify the parameters that best meet the needs of the contracting authority.
(6) in conducting the dialogue, the contracting authority shall ensure equal treatment of workers, such as doom does not provide information in a way that could give an advantage to some players over others.
(7) the contracting authority is not entitled to submit proposals or other confidential information obtained from a participant in the dialogue, the other participants without the express consent in each case.
(8) the dialogue could take place in successive stages in order to reduce the number of decisions to discuss applying the criterion of the award and the indicators for evaluation, set out in the contract notice or the descriptive document. When it intends to conduct the dialogue in successive stages, the contracting authority shall indicate this in the contract notice or in the descriptive document.
(9) the contracting authority conducts a dialogue to determination of the solution or solutions that can meet its needs. The final stage the number of solutions must ensure genuine competition, in so far as there are sufficient solutions which satisfy the requirements of the contracting entity or the admitted candidates.
(10) after announcing the dialogue closed the contracting authority shall notify all participants remaining on the last stage, and invites them to submit final tenders, drawn up on the basis of the solution or solutions specified during the dialogue. Tenders must contain all the required elements necessary for performance of the contract.
(11) in the award of the contract by the contracting authority evaluates the dialogue offers the optimal criteria, quality/price ratio and in accordance with the indicators referred to in the contract notice or the descriptive document.
(12) the contracting authority may ask to be informed of offers, fine-tuned or improved. Explanations, specifications and improvements, as well as the additional information provided should not change the basic features of the tender or of the order, including needs and requirements specified in the contract notice or the descriptive document if this could lead to distortions of competition or to discriminate.
(13) the contracting authority may negotiate with the participant submitting the tender with optimal quality/price ratio, to affirm commitments or other conditions in the tender, specifying the terms of the final order. Clarification of conditions must not lead to a change in substance of the basic parameters of the offer or the order, including the defined needs and requirements in the contract notice or the descriptive document, as well as to distortions of competition or to discriminate.
(14) the contracting authority may provide prizes or payments to the participants in the dialogue.
Partnership for innovation
Art. 78. (1) any person may submit an application for participation in the partnership for innovation, which must provide the contracting authority with information concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) in the documentation for the contract, the contracting authority shall motivate the need for obtaining an innovative product, service, or construction, and an inability to be satisfied through the available offerings on the market. The contracting authority describes his needs, indicating which elements of the description are the minimum requirements to be met by all offers. The information provided must be sufficiently precise to enable the persons concerned to identify the nature and scope of the decision and decide whether to participate in the procedure.
(3) in the documentation for the contract, the contracting authority shall determine the rules applicable to intellectual property rights.
(4) the minimum time limit for receipt of request to participate in the partnership for innovation is 30 days from the date of dispatch of the contract notice for publication.
(5) when the Contracting Authority assess pre-selection technical and professional capacity of candidates in the field of research and development, and the development and implementation of innovative solutions.
(6) only candidates which the contracting authority has invited after a pre-selection may submit tenders for research and innovation.
(7) the contracting authority may provide for a phased implementation of negotiations to reduce the number of tenders, such as applying the award criteria and indicators for the evaluation referred to in the notice. When it intends to use this opportunity, the contracting authority shall indicate in the notice that.
(8) the contracting authority is conducting negotiations with the participants to improve the content of the initial and subsequent offers, with the exception of the final offers.
(9) the minimum requirements and evaluation indicators are non-negotiable and cannot be changed.
(10) in the award of the contract by the contracting authority evaluates the innovation partnership offers the only criteria optimal quality/price ratio.
(11) in the conduct of the negotiations, the contracting authority shall ensure equal treatment of participants, such as not providing information in a way that could give an advantage to some players over others.
(12) in the conduct of the negotiations, the contracting authority shall inform all the players whose bids are not remedied, of any changes to the technical specifications or in another document from the procurement documentation other than that which lay down minimum requirements. After the introduction of such changes, the contracting authority shall provide the participants enough time to change and submit amended tenders again.
(13) the contracting authority is not entitled to submit proposals or other confidential information obtained from a participant in the talks, the other participants without the express consent in each case.
(14) the Treaty on partnership for innovation purposes, development of innovative product, service, or construction and the subsequent acquisition of the result, the supplies, services or works, provided that they comply with the performance levels and the maximum costs agreed between the contracting authority and the tenderer/participants.
(15) in the partnership contract governing the execution of the order of successive stages according to the steps in the process of research and innovation, which may include the production of products, provision of services or carrying out of the construction.
(16) in the partnership contract set intermediate objectives, to be achieved, as well as contributions to pay for the appropriate reward.
(17) the sponsor shall ensure that the different stages of the partnership reflect the degree of innovation of the proposed decision and order of the research and innovation activities necessary for the development of innovative solution.
(18) the expected value of acquired supplies, services or works must be proportionate to the investment necessary for their development.
(19) the contracting authority shall not be entitled to disclose to the other partners the solutions proposed or other confidential information supplied by a partner within the framework of the partnership, without the express consent in each case.
(20) in the cases referred to in para. the contracting authority may 16 to end the partnership for innovation after each stage, and in partnership with several partners to innovate – to reduce their number through the termination of individual contracts, if this option is specified and the conditions in the contract documentation.
The negotiated procedure without prior publication of a contract notice
Art. 79. (1) the contracting authorities may apply a negotiated procedure without prior publication of a contract notice only in the following cases:
1. in the open or restricted procedure, have not submitted tenders or requests to participate or all tenders or requests to participate are inappropriate and initially announced terms of the contract are not substantially altered;
2. When you invite all participants whose bids in a previous open or restricted procedure shall comply with the requirements of the contracting authority, but exceed its financial resources;
3. the contract may be executed only by a particular artist in any of the following cases:
the purpose of the contract) is to set up or acquire a unique piece of art or creative product;
b) lack of competition for technical reasons;
in) the presence of exclusive rights, including intellectual property rights;
4. where necessary urgent award of the contract due to exceptional circumstances and it is not possible to meet deadlines, including redundant, for an open, restricted or negotiated procedure competitive; the circumstances which justify the existence of urgency should not be attributable to the contracting authority;
5. the goods – involved are manufactured purely for the purpose of research, experiment, scientific or development and are at levels that do not allow to ensure sufficient market outlets or to cover the costs of research and development;
6. where additional deliveries of goods from the same supplier, designed for partial replacement or supplement existing supplies or installations, and switching leads to significant incompatibility or technical difficulties in operation and maintenance due to the acquisition of goods with different technical characteristics;
7. the object of the contract is the supply of a commodity that is traded on the stock exchange, according to the list approved by decision of the Council of Ministers, on a proposal from the Minister of finance;
8. when supplies or services supplied under particularly advantageous conditions from a person who terminates his business, as well as from the receivers or liquidators in bankruptcy proceedings, in the presence of an arrangement with creditors or a similar procedure in which the person in accordance with its national law;
9. the service shall be awarded after a design contest, held in accordance with the law, as are sent invitations to participate in the negotiations of the standings of all the participant or participants classified in accordance with the conditions of the competition;
10. where necessary the repetition of works or services entrusted to the same employer the original contractor, subject to the following conditions:
a) initial contract awarded by open procedure, the restricted procedure, the negotiated procedure competitive dialogue or partnership for innovation;
(b)) in the notice of the original contract referred to the ability to reassign, and the volume or quantity of possible additional works or services, and the conditions under which they will be awarded;
the total value of the new) is included and is referred to in determining the value of the original;
d) new order corresponds to the Basic project, in the performance of which was awarded the initial contract.
(2) the contracting authority may apply a para. 1, item 3, letters "b" and "c" only when there is not enough good alternative or substitute and the absence of competition is not due to artificially narrowing the parameters of the contract.
(3) the duration of contracts for orders under para. 1, item 6, including recurrent contracts for such contracts may not exceed three years.
(4) in the cases referred to in para. 1, item 7 the contract is concluded under the rules of respective Exchange.
(5) the Second award of works or services under para. 1, item 10 can be applied no later than three years after the conclusion of the original contract.
(6) the decision to open the procedure, the contracting authority shall motivate applicable basis under para. 1.
(7) the conditions and procedure for conducting the procedure shall be determined by the regulation for implementation of the law.
Design contest
Art. 80. (1) the competition for the project is carried out:
1. as part of the procedure for the award of a public service contract, or
2. with the award of prizes and payments to participants.
(2) in the cases referred to in para. 1.1 the estimated value is determined, as it also include the value net of VAT of the service, and any awards or payments to the participants.
(3) in the cases referred to in para. 1 2 estimated value is determined, as it includes the total amount of the prizes and payments, as well as the estimated value net of VAT of the public services contract which may be awarded by negotiated procedure without prior publication of a contract notice.
(4) participation in a design contest may not be limited:
1. by reference to national variations or territorial coverage;
2. by requirement for a particular legal form of tenderer.
(5) in the event of an open contest, all interested parties may submit projects.
(6) where the competition for the project is conducted with a limited number of participants, the contracting entity shall fix a clear and non-discriminatory criteria to reduce the number of candidates. In this case, the project may submit only candidates who have been invited by the contracting authority. The number of candidates invited shall be sufficient to ensure genuine competition.
(7) the competition is held by a jury that is independent in its decisions or the expression of opinions. In respect of the members of the jury should not there is a conflict of interest with the applicants or participants.
(8) the conditions and procedures for the conduct of a design contest shall be determined by the regulation for implementation of the law.
Chapter ten
SPECIFIC TECHNIQUES AND TOOLS FOR PROCUREMENT
Section I
Framework agreement
General requirements
Art. 81. (1) the contracting authorities may conclude framework agreements on the basis of the procedures provided for in the law and in the presence of prerequisites for their conduct.
(2) the framework agreement is an agreement concluded between one or more Contracting authorities and one or more contractors in order to determine the conditions of the contracts to be awarded during a given period, including on prices, and if possible – and the quantities envisaged.
(3) the duration of the framework agreement, concluded by a public employer may not be longer than 4 years, and from sectoral employer – 8 years.
(4) the period referred to in para. 3 may be longer in exceptional cases and for reasons related to the subject of the framework agreement. The contracting authority shall indicate the reasons therefor in the notice.
(5) in the case of a framework agreement, concluded for the purposes of a number of contracting entities or by a central purchasing body, in the contract notice and in the framework agreement shall specify the circle of persons who may benefit from it.
(6) After the conclusion of the framework agreement does not allow the inclusion of new artists.
(7) the contracting authorities may not use framework agreements in a way that prevents, restricts or distorts competition.
Conclusion of a contract as a result of the framework agreement
Art. 82. (1) where in the framework agreement are set out all the conditions, the contracting authority shall conclude a contract for a public contract, these terms and conditions. In the event that the framework agreement is concluded with more than one performer in it must have certain conditions on the basis of which will be determined by the contract.
(2) when in the framework agreement did not set any conditions and it is with a person, the contracting authority, in writing, require the person to complete its offer.
(3) where in the framework agreement did not set any conditions and it is with more than one person for every contract to be awarded, the contracting authority shall conduct an internal competitive choice for selection of contractor.
(4) in the framework of the internal competitive selection, the contracting authority shall:
1. make a written invitation to the persons referred to in the framework agreement;
2. fix an appropriate time limit for the receipt of tenders taking into account the complexity of the subject-matter of the contract and the time required for drawing up tenders;
3. store the bids by the expiry of the time limit for the receipt thereof;
4. appoint a Committee to consider and rank the tenders;
5. set by decision of the contractor the contract on the basis of the criterion for the award of the contract and shall conclude a contract or suspend the internal competitive choice.
(5) the contracting authority shall specify in the contract notice, contract documents and in the framework agreement, on the basis of criteria which will be held indoor competitive choice and, where applicable, and the indicators and methodology for the evaluation of the tenders.
(6) For conducting internal competitive selection, the contracting authority may apply the indicators and methodology for assessment used for the conclusion of the framework agreement, to fine-tune them as needed, or to include new indicators and a methodology where appropriate.
(7) the contracting authority may conduct an internal competitive choice and when it has concluded a framework agreement with more than one person, in which all terms are defined only if it is provided in the documentation for the contract on the conclusion of the framework agreement. This option also applies to individual items of the framework agreement.
(8) in the cases referred to in para. 7 the contracting authority shall indicate in the documentation objective criteria on the basis of which the decision was taken to conduct the internal competitive selections or direct application of the conditions laid down in the framework agreement, as well as which of the agreed indicators will be the subject of an internal competitive choice.
(9) in the case of conclusion of a contract on the basis of the framework agreement, the parties may not substantially altered within the meaning of art. 116, para. 5 the conditions laid down therein.
Section II
Dynamic purchasing systems
General requirements
Art. 83. (1) the dynamic purchasing system (DPS) is a completely electronic process that contracting entities may use in often carried out orders, whose standard features meet the requirements of the contracting authorities.
(2) a dynamic purchasing system is open throughout its duration to any applicant who meets the selection criteria. Access to, and participation in it are available and free for all interested parties.
(3) the dynamic purchasing system may be designated as separate categories, which may be based on the maximum expected size of specific orders, a specific geographical area in which they will be carried out, or other objectively defined characteristics linked to the subject-matter of the contract.
(4) all applicants who satisfy the selection criteria shall be included in the NGA. Contracting entities shall have no right to restrict the number of candidates in her.
(5) When the contracting authority has divided the NGA to individual categories for each category determines the characteristics and relevant selection criteria.
(6) the exchange of information in the award by DPS shall be carried out solely by electronic means under the conditions of art. 39.
(7) a dynamic purchasing system shall not apply to contracts in the fields of defence and security.
Establishment of a dynamic purchasing system
Art. 84. in the establishment of DPS, the contracting authority shall:
1. publish a contract notice, notice of prior information or periodic indicative notice, which States that creates and defines the period for DPS its operation;
2. indicate in the documentation for the at least the nature and the intended purchases, whether CPD is divided into separate categories, as well as information on how NGA works, including the electronic equipment, organisation and technical requirements for the equipment;
3. provides unlimited, full and direct access to the documentation for the contract during the entire duration of the NGA.
The inclusion of applicants in the dynamic purchasing system
Art. 85. (1) any person may submit an application for inclusion in CPD within the period of its operation.
(2) the minimum time limit for receipt of requests for inclusion in CPD is 30 days from the date of dispatch of the:
1. the contract notice for publication or
2. the invitation to confirm the interest when as an invitation to participate in the procedure uses a notice of prior information or periodic indicative notice.
(3) within 10 working days of receipt of the application, the contracting authority shall take a decision on the inclusion of the applicant in the NGA, applying the stated selection criteria. In the event that it is necessary carry out an additional check on the implementation of the selection criteria, the time limit may be extended by 15 working days.
(4) in the contract, the contracting authority may set a time limit for the examination of applications, more than 10 working days, if by the expiry of the time limit will be sent an invitation to tender for the award of the first specific order.
(5) the contracting authority shall not be entitled to send a call for proposals for specific order first, before examining all received requests to participate in the term under para. 2.
Procurement through dynamic purchasing system
Art. 86. (1) the award of public contracts by NGA rules for restricted procedures.
(2) the contracting authority shall make a written invitation simultaneously to all admitted applicants to submit a tender for each specific order within the DPS by the procedure of art. 34. where NGA is subdivided into categories, the invitation to the candidates shall be included in the relevant category.
(3) following the dispatch of the invitation to tender for the first specific contract did not specify the new deadline for the receipt of requests to participate.
(4) the time limit for receipt of tenders may not be less than 10 days from the date of dispatch of the invitation to tender.
(5) the time limit referred to in paragraph 1. 4 may be set by mutual agreement between the contracting authority and the admitted candidates, provided that all eligible candidates have the same time to prepare and submit their tenders.
(6) the contracting authority shall fix the contractor the contract in accordance with the award criteria and indicators for the evaluation of the tenders indicated in the contract notice or in the invitation to confirm the interest when the establishment of a DPS is announced through a notice of prior information or periodic indicative notice.
(7) where appropriate, the indicators for the evaluation of the tenders can be formulated more precisely in the invitation to tender.
Update information
Art. 87. (1) the contracting authority may, at any time within the period of validity of the DPS to ask candidates to submit EEDOP released with updated information on the requested data on the basis of which are included in the NGA.
(2) the information referred to in para. 1 shall be provided within five working days of receipt of the request.
(3) at any time within the period of validity of the CPD, the contracting authority may ask the applicants to submit documents to prove the circumstances listed in EEDOP, except in the cases under art. 67, para. 8.
(4) the contracting authority shall decide to terminate the participation in NGA, where, as a result of the actions of the Al. 1-3 it is established that the applicant does not qualify for inclusion in the NGA.
Extension and termination of the dynamic purchasing system
Art. 88. (1) the period of validity of CPD can be changed. Announcing the change, the contracting authority shall use the model of a notice which announced the establishment of a DPS.
(2) in the event of early termination of the NGA, the Contracting Authority published a contract award notice.
Section III
Electronic auction
General requirements
Art. 89. (1) the electronic auction is a repetitive electronic process that begins after an initial full evaluation of the tenders and allows them to be ranked using automatic evaluation methods of the new offer, lower prices and/or new values concerning certain elements of tenders.
(2) may not be the subject of electronic auction service contracts and construction, which have as their subject-matter intellectual activities, including activities in the design of works, and which are not subject to automatic evaluation by electronic means.
(3) contracting entities may choose artist award by an electronic auction when the contract specifications can be precisely defined, including in the case of an internal competitive selections performed for the award of the contract to a framework agreement.
(4) contracting entities may hold an electronic auction to award a contract following an open procedure, the restricted procedure, the negotiated procedure competitive or negotiated procedure with a prior call for participation.
(5) contracting entities may hold an electronic auction and, in the case of contract award within the DPS.
(6) the electronic auction may not be applied if the prevent, restrict or distort competition.
Conducting an electronic auction
Art. 90. (1) the conduct of the electronic auction shall be based on:
1. the prices when the contract is awarded solely on the basis of price;
2. prices and/or new values of indicators, where the criterion for award is an optimal quality/price ratio or the lowest cost, while using the approach for cost effectiveness.
(2) the use of an electronic auction shall indicate in the contract notice, which publicized the opening of procedure, or in the invitation to confirm the interest.
(3) in the documentation for the contract relating to the holding of an electronic auction shall include at least the following information:
1. indicators for the evaluation of the tenders, which will be the subject of electronic auction, provided that such indicators are quantifiable and can be expressed in figures or percentages;
2. This step, the unit of measure and other technical parameters related to the automatic submission and evaluation of tenders, and when applicable, the minimum and/or maximum values for the indicators referred to in paragraph 1, which may be offered;
3. information which will be made available to the participants in the course of the electronic auction and, where appropriate – when will be made available to them;
4. the information relating to the procedures for conducting an electronic auction;
5. the conditions under which the participants may submit new proposals;
6. information relating to the electronic equipment, as well as the terms, conditions and technical requirements for the connection.
(4) before conducting an electronic auction conducted by the Medical Commission's initial evaluation of the tenders in accordance with the selected criteria for the award.
(5) the contracting authority shall forward by electronic means at the same time an invitation to all the participants whose bids are accepted.
(6) the invitation referred to in paragraph 1. 5 contains:
1. the results of the initial assessment of each tender;
2. line to connect to the electronic equipment;
3. the date and time for the start of the electronic auction;
4. the way of the completion of the electronic auction.
(7) where the criterion for award is an optimal quality/price ratio, the invitation referred to in paragraph 1. 5 contains a mathematical formula applicable indicators, their weighting and measurements. When options are provided for each of them shall be drawn up in a single formula.
(8) the electronic auction may take place in successive stages, each stage may be announcing the number of participants.
(9) the electronic auction may not start sooner than two working days after the date of dispatch of invitations.
(10) the holding of an electronic auction is organized in a way that enables each participant to determine its place in the rankings at any moment.
(11) provided that it is specified in the invitation, the participants can provide information on proposed in the course of the auction prices or values of other participants.
(12) the provision of information in the course of the electronic auction may not result in the disclosure of the identity of the participants.
The completion of the electronic auction
Art. 91. (1) the electronic auction ends:
1. with the advent of the date and time specified in the invitation, or,
2. where no new proposals were received, conforming to the requirements of the contracting authority – after the expiry of the period specified in the invitation, or,
3. when all the stages of the electronic auction, fixed in the invitation, are completed.
(2) when the contracting authority intends to close an electronic auction in accordance with para. 1, item 3, including where in addition shall apply under para. 1, item 2, it indicates the time schedule for carrying out each stage of the electronic auction in the invitation to take part.
(3) the contracting authority determines the contractor of a public contract on the basis of the conduct of the electronic auction and shall conclude a contract with him.
Section IV
Electronic catalogs
General requirements
Art. 92. (1) the contracting entities may require tenders to be submitted in the form of an electronic catalog or to include electronic catalogue when awarding public contracts by electronic means. This requirement is stated in the contract notice or in the invitation to confirm the interest.
(2) in the cases referred to in para. 1 in the documentation for the contract shall specify the information required on the form, the electronic equipment, organisation and technical requirements for the equipment.
(3) tenders submitted in the form of an electronic catalogue, may be accompanied by other documents, complementary offer.
(4) electronic catalogues, which are prepared by the participants for a particular procedure must correspond to:
1. established by the contracting authority technical specifications and electronic format;
2. the requirements for electronic means of communication and the additional requirements laid down by the contracting authority in accordance with art. 39.
(5) in the electronic catalogue, issued for the specific procurement procedure can include only products, works or services which comply with the requirements of the contracting authority for the specific contract.
Using the electronic catalogue on framework agreement
Art. 93. (1) where a framework agreement has been concluded with more than one artist after the submission of tenders in the form of electronic catalogues, contracting authorities may provide for the possibility to carry out internal competitive choice for specific orders, such as:
1. invite the participants to update their common catalogues in the part corresponding to the requirements of the specific contract, or
2. collect from already submitted for the specific commodity electronic catalogues the information required for drawing up tenders, provided that this possibility is mentioned in the documentation for the contract on the framework agreement.
(2) in the cases referred to in para. 1, item 2 the contracting entities shall notify the participants of the date and time when they intend to gather information, providing sufficient time between notification and actual collection, to enable the participants to take a decision on its consent to use the submitted information for the specific contract.
(3) in the cases referred to in para. 1, item 2, prior to award the contract, the contracting entities shall award the collected information to the relevant participant, to give him the opportunity to challenge or confirm.
Using the electronic catalogue on a dynamic purchasing system
Art. 94. (1) the award of contracts by contracting entities NGA may request bids for specific contract to be submitted in the form of electronic catalogue.
(2) where an application for participation in NGA is accompanied by an electronic catalogue, conforming to the technical specifications laid down by the contracting authority and format, the contract on the basis of the CPD may be awarded by the order of art. 93, para. 1, item 2.
(3) in the cases referred to in para. 2 the electronic catalogue is complemented subsequently by applicants under the conditions of art. 93, para. 2 and 3.
Section V
Centralized procurement
Central purchasing body
Art. 95. (1) the contracting entities may receive supplies and/or services by central purchasing body that offers centralized purchasing activities.
(2) contracting authorities may purchase works, supplies and services contracts awarded by the authority under para. 1, when using:
1. a dynamic purchasing system, operated by that authority;
2. the framework agreement concluded by that authority.
(3) where provision is made for other entities to use the CPD, operated by central purchasing body, this shall be indicated in the notice, which shall be the establishment of a DPS.
(4) the contracting authorities shall not apply the procurement procedures when awarding of a central purchasing body a public contract having as its object services for implementation of centralized purchasing activities, which may include the provision of ancillary activities of purchase.
(5) in the cases referred to in para. 1 and 2, the contracting authorities shall be deemed to have complied with the provisions of the Act.
(6) in the cases referred to in para. 2, paragraphs 1 and 2, the contracting authorities shall be responsible for the legality of their actions, related to the choice of the artist and the award of the specific procurement contracts when using DPS, operated by central purchasing body, or the framework agreement concluded by it.
(7) the Supplies, services or works awarded by central purchasing body under art. 5, al. 4, item 3, may be used only for the implementation of sectoral activities.
The establishment of a central purchasing bodies
Art. 96. (1) the Group of contracting authorities may take a decision on the establishment of a central purchasing body.
(2) the central purchasing bodies for the purposes of administration of the Executive power, as well as for the needs of certain sectors are created by an act of the Council of Ministers.
(3) central purchasing bodies to meet the needs of the municipalities are created by decision of the relevant municipal councils on the proposal of the mayors of the municipalities. The National Association of municipalities in Republic of Bulgaria may perform the functions of a central purchasing body for procurement for the needs of the communities by decision of the General Assembly.
(4) the Municipal Council, on a proposal from the Mayor, may take a decision on the acquisition of supplies and/or services from a central purchasing body in the Al. 3 by agreement with that body.
Centralized Elektronizirane award
Art. 97. The central purchasing bodies carry out procedures for procurement through the use of electronic means of communication in accordance with the requirements of art. 39.
The use of central purchasing body established in another Member State
Art. 98. (1) the contracting entities are entitled to benefit from the NGA, framework agreements and contracts concluded by the central purchasing body established in another Member State, in the event that the specific entity is referred to in them.
(2) in the cases referred to in para. 1 in the award of contracts by the DPS, as well as in determining the contractor on the basis of a framework agreement shall be subject to the legislation of the Member State in which it is established the central purchasing body.
(3) contracting entities may not use the possibilities under para. 1 for the purpose of circumvention of the law.
Chapter Eleven
IMPLEMENTATION OF PROCEDURES FOR THE AWARD OF PUBLIC CONTRACTS
Announcing the initiation of the proceeding
Art. 99. the procedures For disclosure of discovery, contracting entities shall:
1. the notice, be made with the opening of the procedure, to the official journal of the European Union – in the cases under art. 18, al. 1, item 1 – 7 and 11;
2. the decision to open the procedure to ROP – in the cases under art. 18, al. 1, item 8 – 10 and 13;
3. the decision to open the procedure and the contract notice to the ROP – in the cases under art. 18, al. 1, item 12.
Amendment of the terms
Art. 100. (1) the contracting authority may, on its own initiative or at the request of the interested person, to make a one-time change in the notice, be made with the opening of the procedure, in the invitation to confirm the interest in the contract and in the descriptive document.
(2) interested persons may make suggestions for changes in the documents referred to in para. 1 within 10 days of the publication of the notice in the ROP, which publicized the opening of the procedure and/or of receipt of the invitation to confirm the interest.
(3) the contracting authority shall send for publication in LPC notice of modification or additional information and the decision it shall, within 14 days of the publication of the notice in the LPC, which announced the initiation of the proceeding.
(4) when changes are made in the invitation to confirm the interest, the contracting authority shall send to the persons who expressed interest, the documents referred to in para. 3 within 14 days of dispatch of the invitation to confirm the interest.
(5) in proceedings in which the time limits for receipt of tenders are shortened under art. 74, para. 2 or art. 133, para. 2, and when the time limits for requests to participate and/or offers are made redundant due to the need for urgent procurement, the time limit referred to in paragraph 1. 2 is a three day, and under para. 3 and 4 – 5 days.
(6) after the end of the srokovete in al. 3-5, the contracting authority may publish notices repeatedly for amending or additional information about the changes in the conditions of the procedure only when the extended time.
(7) the contracting authority shall extend the time limits for the receipt of tenders where:
1. in the cases referred to in para. 1 introduced significant changes in the terms of the order declared that warrant a change in the offers of the participants;
2. clarifications have been requested in good time under the conditions of the procedure and they cannot be presented within the time limit under art. 33, para. 2.
(8) the extension of the period referred to in para. 7 must be in accordance with the time required of persons to inspect and to reflect clarifications or changes in the preparation of tenders.
(9) does not require the extension of time limits when the explanations do not impose significant changes in bids or when they are submitted in the cases under art. 33, para. 3.
(10) with notice of the amendment or additional information in case of changes in the Al. 7, paragraph 1, the contracting entities should not introduce conditions that would alter the circle of persons concerned.
(11) the assignor extended time in the procedure, when this is necessary in connection with the appeal proceedings.
(12) the contracting authority may extend the time limits stated in the procedure when:
1. in the initial time limit there is no incoming requests or offers or has received only one application or a tender;
2. the period under art. 158, para. 4 is not enough.
(13) with the publication of the notice of the amendment or additional information is considered that all the persons concerned are notified.
Statement of participation
Art. 101. (1) depending on the type and stage of the procedure, the applicants submitted applications for participation, participants – offers.
(2) the application contains information concerning the personal situation of the candidates and the selection criteria.
(3) the offer contains technical and cost proposal.
(4) in an open procedure to offer the participants presented information regarding the personal situation and the selection criteria.
(5) upon preparation of the offer each participant should adhere precisely to the conditions announced by the contracting authority.
(6) tenders and requests to participate shall be drawn up in the Bulgarian language. When the contract is with a place of performance out of the country, the contracting authority may allow the application to participate and bid to be submitted in an official language of the country concerned.
(7) until the expiry of the time limit for the submission of requests to participate or tenders any applicant or participant may change, supplement or withdraw his application or tender.
(8) any participant in the procedure for the award of a public contract shall be entitled to submit only one tender.
(9) a person who participates in a Union or has given consent to be a subcontractor to another candidate or contestant cannot submit independently an application or offer.
(10) the procedure for the award of a contract a natural or legal person may participate in only one association.
(11) related persons cannot be independent applicants or participants in the same procedure.
(12) the content of tenders and requests to participate, the terms and procedures for the submission and receipt shall be determined by the regulation for implementation of the law.
(13) when the contract there is lots, the conditions under paragraph 1. 8 – 11 shall apply separately to each of the lots.
Confidentiality
Art. 102. (1) the applicants and the participants can indicate in requests to participate or tenders information considered to be confidential in relation to the existence of a trade secret. When candidates and fate are acts invoked the confidentiality, the information shall not be disclosed by the contracting authority.
(2) the participants may not invoke confidentiality regarding the suggestions of their tenders, which are subject to assessment.
(3) the contracting authority may set requirements for the protection of confidential information in the provision of information to applicants or participants in the course of procedures, as well as at the conclusion of the contract.
Commission
Art. 103. (1) the contracting authority shall appoint a Committee to carry out the selection of candidates and participants, consideration and evaluation of the tenders and the conduct of negotiations and dialogue. The Commission consists of an odd number of members.
(2) in respect of the members of the Commission must not be a conflict of interest with the applicants or participants.
(3) the Commission's actions are recorded, the results of her work are reflected in the report.
(4) the decisions of the Commission shall be taken by a majority of its members. where a member of the Commission against the decision taken, he signed a protocol with a dissenting opinion and shall give reasons in writing.
(5) the rules for the work of the Commission shall be determined by the regulation for implementation of the law.
Consideration of requests to participate and tenders
Art. 104. (1) in carrying out its procurement procedures first pre-selection takes place, after which the tenders are considered by the participants.
(2) in an open procedure in the contract notice the contracting authority may provide for the assessment of technical and price proposals for participants to be performed before conducting pre-selection. In those cases the verification of the existence of grounds for removal and consistent with the selection criteria shall be carried out in a manner that is not influenced by the results of the assessment of technical and price proposals.
(3) the use of the option under paragraph 1. 2 is allowed when all suggestions from participants ' bids are represented by a numeric value that is disclosed at the time of opening of tenders.
(4) where, in respect of the selection criteria or requirements to the personal situation of the candidates or the participants identify the absence, inadequacy and/or non-compliance of the information including the irregularity or factual error, the applicants or the participants are given the opportunity to submit new information to supplement or clarify the information presented.
(5) upon examination of the tenders, when necessary, carry out checks on the data requested by the participants, including by requiring information from other bodies and persons. Participants may be required to provide clarification or additional evidence of the particulars referred to in the offer. Verification and interpretations may not result in changes in the technical and price proposal.
(6) the procedure for the removal of inconsistencies and irregularities in the Al. 4 is determined by the regulation for implementation of the law in accordance with the principles of equality and transparency.
Reducing the number of candidates invited to participate
Art. 105. (1) in a restricted procedure, negotiated procedure with the race dialogue and partnership for innovation contracting authorities may reduce the number of candidates meeting the selection criteria, which will be invited to tender or to conduct a dialogue.
(2) in the notice, be made with the opening of the procedure, the contracting entities shall indicate the objective and non-discriminatory criteria or rules that will apply to reduce the number of candidates, and the minimum number of candidates they intend to invite. Contracting entities may indicate a maximum number of candidates they intend to invite.
(3) in the case of restricted procedures, the minimum number of candidates is 5 and, in the adversarial procedure with negotiation, dialogue and partnership for innovation – three. The number of candidates invited shall be sufficient to ensure genuine competition.
(4) where the number of candidates who meet the requirements set out in the notice, be made with the opening of the procedure exceeds the maximum number of persons who will be invited to submit tenders, the contracting entity shall carry out the selection on the basis of the notice referred to in objective and non-discriminatory criteria.
(5) in the event that the contracting authority has indicated in the notice a limit to the number of candidates who will be invited to submit tenders, he is obliged to invite a number of candidates at least equal to the minimum.
(6) where the number of candidates meeting the selection criteria and the minimum requirements specified in the tender notice is below minimum, the contracting authority may continue the procedure by inviting only candidates who meet these criteria and requirements.
(7) the contracting authority may not invited to submit tenders, persons who have not applied to participate, or candidates who do not meet the selection criteria and minimum requirements.
Acceptance of the work of the Commission
Art. 106. (1) the report under art. 103, para. 3 shall be submitted to the contracting authority for approval. The report shall be accompanied by reports the work of the Commission.
(2) where, in the course of the work it reasonably doubts to agreements, decisions or concerted practices between actors within the meaning of art. 15 of the law on protection of competition, that fact shall be indicated in the report referred to in para. 1.
(3) within 10 days of receipt of the report, the contracting authority shall approve it or return it to the Commission with written instructions, when:
1. the information in it is not sufficient for making a decision on the conclusion of the procedure and/or
2. Notes the work of the Commission in the infringement, which can be removed without having to terminate the procedure.
(4) the guidelines referred to in para. 3 may not gravitate to a particular artist or to certain findings by the Commission, but only to indicate:
1. what information should be included so that there are sufficient grounds justifying the Commission's proposals, in the cases referred to in para. 3, item 1;
2. the infringement to be removed in the cases referred to in para. 3, item 2.
(5) the Commission shall submit to the contracting authority a new report containing the results of the review of her actions.
(6) within 10 days of the confirmation of the report, the contracting authority shall issue a decision laying down the contractor or for termination of the procedure.
(7) in the cases referred to in para. 2 the contracting authority shall notify the Commission for protection of competition. The notification does not stop the conduct and completion of the procedure.
Other grounds for exclusion
Art. 107. in addition to the grounds under art. 54 and 55, the contracting authority shall remove from the procedure:
1. an applicant or participant who does not meet the selection criteria or does not comply with other conditions laid down in the contract notice, the invitation to confirm the interest or the invitation to participate in the negotiations or in the documentation;
2. a participant who has submitted a tender which does not meet the:
a) previously announced terms of the contract;
(b)) rules and requirements relating to environmental protection, social and labour law, applicable collective agreements and/or provisions of international environmental, social and labour law, which are listed in annex 10;
3. a participant who has not delivered within the rationale under art. 72, para. 1 or whose tender has not been accepted in accordance with art. 72, para. 3-5;
4. applicants or participants who are connected persons.
Chapter Twelve
TERMINATION OF THE PROCEEDING
Final decisions on the procedure
Art. 108. the procedures under this Act ends with a solution for:
1. selection of contractor under contract for the contract, including a contract concluded on the basis of a framework agreement, DPS or qualification system;
2. determination of the performers in the framework agreement;
3. ranking of the participants and/or the prizes and/or other payments in a design contest;
4. termination of the proceeding.
Selection of contractor of the contract
Art. 109. The contracting authority shall fix the executor of the order, for which the following conditions are met:
1. There are no grounds for removal from the procedure, except in the cases under art. 54, para. 3, and meets the selection criteria, and when applicable, and of non-discriminatory rules and criteria to reduce the number of candidates;
2. the offer the participant has received the highest score in the implementation of previously announced by the contracting authority and the selected conditions of award criteria.
Termination of the procedure
Art. 110. (1) the contracting authority terminates the procedure by reasoned decision when:
1. no offers have been submitted an application for entry or participation or did not appear nor a participant for the negotiations;
2. all tenders or requests to participate are not eligible for representation, including the form, manner and time, or are inappropriate;
3. all the entries do not meet the previously announced terms of the contracting authority;
4. the first and second ranked participant refuses to enter into a contract;
5. are established at the opening and conduct disorders, which can not be removed without changes to the conditions under which the procedure is declared;
6. due to the failure of any of the conditions under art. 112, para. 1 shall not contract for public procurement;
7. all tenders that meet the previously announced by the contracting authority, exceed the financial resources that it can provide;
8. render unnecessary the conducting of the procedure or of the award of the contract as a result of a material change in the circumstances or if it is impossible to provide funding for the execution of the contract for reasons which the contracting authority has not been able to provide;
9. significant changes are necessary in the context of the stated order, that would alter the circle of persons concerned.
(2) the contracting authority may terminate the procedure with a reasoned decision when:
1. only one tender is submitted, an application for entry or participation;
2. There is only one appropriate application for participation or a suitable offer;
3. There is only one entry, which corresponds to the previously announced terms of the contracting authority;
4. participant, ranked first:
a) refuses to enter into a contract;
(b)) does not fulfil any of the conditions under art. 112, para. 1, or
c) does not prove that there are no grounds for removal of the procedure.
(3) in the cases referred to in para. 1. the contracting authority shall include the mandatory 7 in mind lowest price and may not conclude a contract with the same subject matter for a price equal to or greater than that referred to in the decision, in carrying out the following procedure in the context of the same year.
(4) When originally announced procedure is terminated, the contracting authority may find a new procedure for the award of a public contract with the same object only if the decision to terminate has entered into force.
(5) the contracting authority may set aside the final decision to determine the contractor and issuing a decision to terminate the procedure, when before the conclusion of the contract circumstance arise under paragraph 1. 1, item 4, 6 and 8 or al. 2, item 4.
Chapter thirteen
GUARANTEES OF PERFORMANCE. PROCUREMENT CONTRACT
Section I
Guarantees of performance
Performance guarantee
Art. 111. (1) the contracting authority may require the contractor to provide the prescribed guarantees to ensure the implementation of the contract or the advance appropriations.
(2) the security guaranteeing the performance of the contract, may not exceed 5 per cent of its value. When the contract is awarded to the specialized enterprises or cooperatives of disabled persons, the security for the performance of the contract shall not exceed two percent of the value of the contract. A performance guarantee may be required and, in the case of amendment carried out additional supplies, services or works under the contract.
(3) the security guaranteeing the advance appropriations, can be up to the size of these funds and shall be released within three days after return or absorption of the advance.
(4) the measures provided for guarantees and their percentage shall be specified in the notice, be made with the opening of the procedure, in the invitation to confirm the interest or in the invitation to take part in negotiations.
(5) the guarantees are granted in one of the following forms:
1. monetary amount;
2. a bank guarantee;
3. insurance guaranteeing the performance by the contractor's liability coverage.
(6) the guarantee referred to in para. 5, item 1 or 2 may be made available by the artist name for account of a third party-guarantor.
(7) the tenderer, designated as the artist chose the form of security for performance or for advance appropriations.
(8) when the selected artist's Association, which is not a legal entity, each of the partners in it might be a bank originator guarantee, respectively, the importer of the amount of the guarantee or the holder of the insurance policy.
(9) the terms and conditions for the detention or release of the performance guarantee shall be laid down in the Treaty.
(10) where a contract is executed in stages, the contracting authority shall include in the draft a contract clause for a partial release of the securities on the part of the subject-matter of the contract. When the subject matter of the contract includes a warranty maintenance, the contracting entity shall fix a draft Treaty in what part of the performance guarantee is designed to secure the guarantee maintenance.
Section II
Procurement contract
Conclusion of a contract
Art. 112. (1) the contracting authority shall conclude a written contract with a contractor definitions, provided that upon signature of the contract the specified executable:
1. the present document for registration in accordance with the requirement under art. 10, para. (2);
2. to fulfill the obligation under art. 67, para. 6;
3. submit the designated security for performance of the contract;
4. perform the relevant listing, submit a document or fulfill another requirement, which is necessary for performance of the contract in accordance with the requirements of law or an administrative act and is placed by the developer in terms of the stated order.
(2) the contracting authority concludes the contract, not when the player, ranked first:
1. refuse to enter into a contract;
2. do not fulfil any of the conditions referred to in paragraph 1. 1, or
3. do not prove that there are no grounds for removal of the procedure.
(3) in the cases referred to in para. 2, the contracting authority may amend the final decision in the selection of contractor and with a reasoned decision to determine the second-ranked bidder for the artist.
(4) the contract must comply with the draft Treaty, annexed in the documentation, supplemented with all the proposals by the participant, on the basis of which the latter is set to executable. Changes in the draft contract shall be permitted in exceptional cases, when the condition is fulfilled under art. 116, para. 1, item 5, and are imposed by the circumstances which occurred during or after the procedure.
(5) the minimal contract shall be determined by the regulation for implementation of the law.
(6) the contracting authority concludes the contract within one month after the entry into force of the decision determining the artist or the definition that allowed provisional enforcement of that decision, but not before the expiry of 14 days from the notification of interested candidates and/or stakeholders of the decision for the establishment of a contractor.
(7) the contracting authority may enter into a contract for a public contract before the expiry of 14 days from the notification of interested candidates and/or stakeholders of the decision for the establishment of artist in the following cases:
1. the contractor is determined as a result of:
a) procedure under art. 18, al. 1, item 8 – 10 and 13 and there is only one invited participant, or
(b)) procedure under art. 18, al. 1, item 8 – 10 and 13, discovered on the grounds of art. 79, para. 1, item 4, art. 138, para. 1, art. 164, para. 1, item 3 or 4, or art. 182, para. 1, item 1 and has more invited participants;
2. a contractor is the only one interested participant and no interested candidates, or
3. the contract is concluded on the basis of a framework agreement with a participant.
(8) the contracting authority shall not be entitled to enter into a contract with the definitions performed before the entry into force of all decisions in the procedure, except where allowed provisional enforcement or when the procedure was opened on the grounds of art. 79, para. 1, item 4, art. 138, para. 1, art. 164, para. 1, item 3 or 4, or art. 182, para. 1, item 1.
Terms of the contracts
Art. 113. (1) the contracts with periodic or continuous performance shall be concluded for a period which may not exceed five years.
(2) exceptionally, contracting authorities may conclude contracts for a longer period, where this is necessary due to the nature of the subject-matter of the contract, the need for a return on investment or due to a technical reason, the contracting authority shall indicate the reasons for the decision.
(3) the duration of the contracts concluded on the basis of a framework agreement may exceed the duration of the agreement:
1. not more than one year – when the time is needed to complete the implementation of the subject-matter of the contract;
2. with more than a year – when connected with the implementation of activities serving the main subject, including warranty service and staff training.
(4) does not prevent the conclusion of open-ended contracts or contracts whose duration is automatically continues. Contracts concluded in breach of the rules of the Al. 1 and 2 shall be deemed to be concluded for one year.
Contract subject
Art. 114. where the opening of the procedure is not secured funding, the contracting authority shall indicate that fact in the contract notice or the invitation to confirm the interest provided for in the draft treaty clause for deferred execution. In this case, either party may request the termination of the contract without notice after the expiry of a period of three months from its conclusion.
Conditions for performance of contracts
Art. 115. In the performance of the contracts the contractors and their subcontractors are required to comply with all applicable rules and requirements relating to environmental protection, social and labour law, applicable collective agreements and/or provisions of international environmental, social and labour law in accordance with annex 10.
Amendment of the contract and procurement framework agreement
Art. 116. (1) the contracts and framework agreements may be amended only when:
1. changes are provided in the documentation for the contract and in the contract through clear, precise and unambiguous clauses, including clauses amending the price or options; the scope and nature of possible amendments or options as well as the conditions under which they can be used, should not lead to a change in the subject-matter of the contract or of the framework agreement;
2. due to unforeseen circumstances has arisen a need to carry out additional supplies, services or works which are not included in the original contract, if the change of contractor:
(a)) is impossible for economic or technical reasons, including requirements for interchangeability or interoperability with existing equipment, facilities or equipment assigned to the original order, and
(b) caused major difficulties) associated with the maintenance, operation and customer service or duplication of costs of the contracting authority;
3. due to circumstances which, upon application of the due diligence, the contracting authority has not been able to provide is necessary by amendment, which does not lead to changing the subject-matter of the contract or framework agreement;
4. is the performer with the new artist in any of the following circumstances:
the original contractor) is unable to continue the execution of the contract or framework agreement and the possibility of return is provided for in the contract and in the contract through clear, precise and unambiguous terms concerning the emergence of specific conditions;
(b)) there is a universal or partial succession as a result of the conversion of the original artist, through acquisition, merger, Division or separation, or by a change of its legal form, including in cases where it is in liquidation or in bankruptcy proceedings and both the following conditions are met:
AA) for the new artist there are not grounds for removal of the procedure and it meets the originally established selection criteria;
BB) changing the contractor does not lead to other major changes of the public contract or framework agreement and is not intended to circumvent the law;
5. impose changes that are not significant;
6. the change is necessary due to unforeseen circumstances and does not change the overall character of the contract or framework agreement and both the following conditions are met:
(a) the value of the amendment) is up to 10 percent of the value of the original contract for services and supplies and to 15 per cent of the value of the original contract for construction;
(b)) the value of the amendment irrespective of the conditions referred to in paragraph (a) does not exceed the threshold under art. 20, para. 1.
(2) in the cases referred to in para. 1, 2 and 3, if necessary, the price increase may not exceed by more than 50 percent of the value of the host contract or framework agreement. When you make successive amendments, the limit applies to the total value of the amendments. Successive amendments should not aim to circumvention of the law.
(3) in the cases referred to in para. 1. when making several amendments, their total value does not exceed the specified maximum dimensions.
(4) in the cases referred to in para. 1, 2, 3 and 6, where a contract contains a clause for indexation or was contracted by identifiable prices for base value is considered the current value at the time of the amendment.
(5) the Amendment of a contract for a public contract is considered to be significant within the meaning of para. 1, item 5, when they met one or more of the following conditions:
1. the change introduces conditions that, if they were part of the procedure for the award of a public contract, would attract additional participants to participate, or candidates, would have allowed the admission of other participants or candidates other than the selected initially, or might have led to the acceptance of the offer, other than originally approved;
2. the change leads to benefits for the contractor, that were not known to the other participants in the proceeding;
3. the change affects the subject matter or the volume of the public contract or framework agreement;
4. the contractor shall be replaced by a new one outside the cases of al. 1, item 4.
(6) upon amendment of the contract concluded by the sectoral employer, the conditions under paragraph 1. 2 do not apply.
Transferability of claims
Art. 117. Monetary claims on public procurement contracts and subcontracts are transferable, can be pledged and on them can be made enforceable.
Termination of a contract for a public contract or a framework agreement
Art. 118. (1) the contracting authority terminates the contract of a public contract or a framework agreement as provided in the law, in the contract or in the agreement, or where the cases:
1. need substantial modification of the contract, which prevents the contract or framework agreement to be amended on the grounds of art. 116, para. 1;
2. it is established that during the conduct of the procedure for the award of the contract to the contractor were there circumstances under art. 54, para. 1, item 1, on the basis of which it should be removed from the procedure;
3. the order should not have been awarded to the contractor due to the presence of violation issued by the Court of Justice of the European Union in a proceeding under art. 258 TFEU.
(2) in the cases referred to in para. 1, item 2 and 3, the contracting authority shall not indemnify for the damage sustained by the termination of the contract or framework agreement.
Invalid contracts or framework agreements
Art. 119. (1) contracts or framework agreements are invalid when they are concluded:
1. without a contract despite the existence of a ground for carrying out or when the procedure is carried out without complying with the requirement of art. 99;
2. in the case of unlawful application of the grounds of art. 13 – 15, art. 79, para. 1, art. 138, para. 1, art. 149, para. 1, art. 164, para. 1 or art. 182, para. 1;
3. before the entry into force of the Act of the contracting authority, issued in connection with the procedure, and establish the disorder that has affected the possibility of:
a) interested person to file an application or a tender;
(b)) to file candidate interested in quote;
interested in an applicant or participant) to take part in the determination of the artist.
(2) the contracting authority terminates the contract concluded on the basis of a framework agreement, which was destroyed by a court order.
Subsidiary application
Art. 120. For all of the outstanding issues in connection with the conclusion, performance and termination of contracts for the procurement provisions of the Trade Act and the law on obligations and contracts.
Chapter fourteen
RECORD OF THE CONTRACT
Documenting and reporting
Art. 121. (1) the contracting entities are to establish and maintain a file for each contract to provide document traceability (audit trail) in respect of all of its actions and decisions, as well as to the activities of the commissions for the award of public contracts, regardless of whether the contracts are awarded by electronic means.
(2) the dossier contains all decisions, notices, documentation and other supporting documents, explanations, the invitations, the minutes, the Commission's final reports, tenders or requests to participate, the evidence of actions taken under art. 44, para. 3-5, a description of the reasons for which use other means for submitting electronic documents, other than for e-filing, and in the case of ex ante controls carried out – and the opinions of the public procurement Agency and the contracting authority for recommendations unacceptable. The dossier contains the contract or framework agreement, as well as all documents related to its implementation and reporting.
(3) contracting entities shall keep information related to contracts, when applying the exceptions to the law.
Time limit for storage
Art. 122. (1) the files under art. 121, para. 1 and the information referred to in art. 121, para. 3 shall be kept for a period of 5 years from the date on which performance of the contract or from the date of termination of the procedure.
(2) the time limits referred to in para. 1 may be extended, in the case that this arises from the rules of finance, audit and certification authorities in connection with the provision of funds to projects and programmes of the European Union.
PART THREE
SPECIAL RULES FOR THE PROCUREMENT BY SECTORAL ENTITIES
Chapter fifteen.
SECTORAL ACTIVITIES
Types of
Art. 123. Sectoral activities are activities related to:
1. natural gas and thermal energy;
2. electricity;
3. water supply;
4. transport services;
5. the exploitation of a geographical area;
6. postal services.
Natural gas and thermal energy
Art. 124. (1) the activities related to natural gas and heat, are:
1. the provision or operation of fixed networks intended to provide a service to the public in relationship with the production, distribution or prenosa of natural gas or energy toplinna;
2. the supply of networks under item 1 with natural gas or heat;
3. manufacture and wholesale and retail trade with natural gas or toplinna energy.
(2) supply of gas or heat to fixed networks for public services from sectoral employer not accepted for activities under para. 1, when the following conditions are met:
1. the production of natural gas or toplinna energy is a result of the carrying out of the activity of the različna al. 1 or under art. 123, item 2-4;
2. the supply of those networks targets solely the economic exploitation of the production of gas or heat, provided that the amount of supplies is not more than 20 per cent of the average annual turnover of the manufacturer for the past three years, including the current year.
Electricity
Art. 125. (1) energy-related activities are:
1. the provision or operation of fixed networks intended to provide a public service for the production, or distribution of electricity prenosa;
2. the supply of networks under item 1 with electricity;
3. manufacture and wholesale and retail trade with electricity.
(2) the supply of electricity to fixed networks for public services from sectoral employer not accepted for activities under para. 1, when the following conditions are met:
1. production of electricity is os″ŝestvâva due to this that its consumption is necessary for carrying out the activity of the različna al. 1 or under art. 123, paragraphs 1, 3 and 4;
2. the supply of those networks depends only on the entity's own consumption and has not exceeded 30 per cent of its total production of energy, having regard to the average for the past three years, including the current year.
Water supply
Art. 126. (1) the activities associated with water supply, are:
1. the provision or operation of fixed networks intended to provide a public service for the production, distribution or prenosa of drinking water;
2. the supply of networks under item 1 with drinking water;
3. manufacture and wholesale and retail trade with drinking water.
(2) persons who operate under para. 1, apply the provisions of the Act in respect of procurement contracts or design contests connected with:
1. hydraulic projects, irrigation or land drainage, provided that the amount of water used for drinking purposes, predstavlâva more than 20 per cent of the total amount of predostavâna takiva vodata, through projects or facilities for irrigation or drainage installations, or
2. removal and cleaning of waste water.
(3) the supply of drinking water of fixed networks intended to provide a public service by the sectoral employer not accepted for activities under para. 1, when the following conditions are met:
1. production of pitejna water is os″ŝestvâva in view of the need to use for the carrying out of the activity of the različna art. 123, item 1 – 4;
2. the supply of those networks depends on the manufacturer and curb consumption does not exceed 30 per cent of its total production of drinking water, having regard to the average for the past three years, including the current year.
Transport services
Art. 127. (1) the activities related to transport services are the provision or operation of networks for public services in the field of railway, tramway, trolley bus or bus and coach transport, and automated transport systems or cable.
(2) in respect of transport services, it is assumed that there is a network, where the service is provided under operating conditions laid down by the competent authority, which may include the terms of routes served, the capacity that should be available, the frequency of service and others.
The exploitation of a geographical area
Art. 128. Activities related to the exploitation of a geographical area, are activities which have as their object:
1. ensure the use of airports and maritime or inland ports or other terminal of carriers by air, sea or inland waterway;
2. extraction of oil or natural gas;
3. research for or extracting coal or other solid fuels.
Postal services
Art. 129. Activities related to postal services are the provision of:
1. postal services;
2. services other than postal, which do not fulfil the conditions under art. 130 and if they are provided by an entity which also provides services under item 1.
Chapter sixteen
EXCLUSION OF SECTORAL ACTIVITY FROM THE SCOPE OF THE LAW
Activities directly exposed to competition
Art. 130. (1) the law does not apply to contracts and design contests intended to create the conditions for the implementation of activities under art. 123, if the activity is directly exposed to competition and is implemented in terms of the market, access to which is not restricted.
(2) the assessment for the presence of competition shall be based on observation of the relevant geographic market for the activity and includes the criteria laid down in accordance with the TFEU. These criteria may relate to the characteristics of the goods or services concerned, the existence of alternative goods or services, the prices and the possibility of more than one supplier to provide those goods or services.
(3) access to a given market is unlimited, if introduced in national legislation acts of the European Union annex 12. In all cases, access to the market is assumed to be free, if it be proved.
(4) the activity in respect of which Al shall apply. 1 may be part of a larger sector or industry.
(5) the activity in respect of which Al shall apply. 1, may cover the entire territory of the country or of a particular geographical area.
(6) in a survey for the presence of competition, taking into consideration the area in which the undertakings concerned are operating, including by examining the demand and supply of goods or services, the conditions of competition are evaluated in terms of uniformity, so that the area can be distinguished from neighbouring areas in which the conditions of competition are significantly different. The assessment shall be the nature and characteristics of the goods or services, the presence of barriers to entry of others, user preferences, significant differences in the undertakings ' market shares between the area concerned and neighbouring areas or substantial price differences.
Procedure for the exclusion of sectoral activity from the scope of the law
Art. 131. (1) the procedure for the exclusion of sectoral activity is carried out in the rules of the European Commission.
(2) the Council of Ministers shall, on a proposal from the relevant Minister or dedicated sectoral employer may submit a request to the European Commission on the basis of the criteria referred to in art. 130 in order to establish that a given activity is directly exposed to competition. Where appropriate, the request shall be accompanied by an opinion of an independent national authority that is competent in relation to the activity concerned.
(3) the request under paragraph 1. 1 shall indicate all the facts that are relevant for the exclusion of sectoral activity from the scope of the law, including the applicable regulations and the existing administrative framework.
Chapter Seventeen
THE AWARD OF PUBLIC CONTRACTS
Section I
Procedures implemented by sectoral entities
Free choice of procedure
Art. 132. in the procurement sector entities choose freely open, restricted, negotiated procedure with a prior call for participation and dialogue.
Open procedure
Art. 133. (1) the minimum time limit for receipt of tenders in an open procedure is 35 days from the date of dispatch of the contract notice for publication.
(2) the period referred to in para. 1 can be shortened, but it may not be less than 15 days, if the contracting authority has published periodic indicative notice and it:
1. was sent for publication between 35 days and 12 months before the date of dispatch of the contract notice, and
2. include all the information in part a, section I of the annex No 5.
(3) the time limit referred to in paragraph 1. 1 can be reduced by five days where the contracting authority has made the submission of tenders by electronic means in accordance with art. 39, para. 1, 2, and para. 8-13.
(4) in the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit referred to in paragraph 1. 1, contracting authorities may set a time limit for the receipt of tenders not less than 15 days from the date of dispatch of the contract notice for publication.
(5) in the contract notice the contracting authority motivated application of para. 4.
Restricted procedure
Art. 134. (1) any person may submit an application to take part in a restricted procedure, in which you must provide the requested information by the developer about the lack of grounds for removal and its conformity with the selection criteria.
(2) the minimum time limit for receipt of requests to participate in restricted procedure is 30 days from the date of dispatch of the:
1. the contract notice for publication or
2. the invitation to confirm the interest when the opening of the disclosure procedure is used a periodic indicative notice.
(3) in the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit referred to in paragraph 1. 2, the contracting authorities may fix a time limit for receipt of requests to participate which may not be less than 15 days.
(4) in a restricted procedure tenders submitted only candidates which the contracting authority has invited after a pre-selection.
(5) the time limit for receipt of tenders may be set by agreement between the contracting entity and the selected candidates. The agreement is permissible only if all candidates be given equal time for preparation and submission of tenders.
(6) where no agreement is reached under paragraph 1. 5, the period shall be determined by the contracting authority and may not be less than 10 days from the date of dispatch of the invitation to tender.
Negotiated procedures with a prior call for participation
Art. 135. (1) any person may submit an application for participation in the negotiation of a preliminary call for papers, you need to present the information requested by the contracting authority concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) the minimum time limit for receipt of requests to participate in the procedure is 30 days from the date of dispatch of the:
1. the contract notice for publication or
2. the invitation to confirm the interest when the opening of the disclosure procedure is used a periodic indicative notice.
(3) in the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit referred to in paragraph 1. 2, the contracting authorities may fix a time limit for receipt of requests to participate which may not be less than 15 days.
(4) in the procedure only candidates which the contracting authority has invited after a pre-selection may submit initial offers to serve as a basis for negotiations.
(5) the time limit for receipt of tenders may be set by agreement between the contracting entity and the selected candidates. The agreement is permissible only if all candidates be given equal time for preparation and submission of tenders.
(6) where no agreement is reached under paragraph 1. 5, the period shall be determined by the contracting authority and may not be less than 10 days from the date of dispatch of the invitation to tender.
Competitive dialogue
Art. 136. (1) any person may submit an application for participation in a competitive dialogue, which must provide the contracting authority with information concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) the contracting authority shall specify in the contract notice and/or in a descriptive document their needs and requirements, award criteria, indicators for the evaluation of the tenders and the indicative timetable for the conduct of the proceeding.
(3) the minimum time limit for receipt of requests to participate shall be 30 days from the date of dispatch of the contract notice for publication. In the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit, the contracting authorities may fix a time limit for receipt of requests to participate which may not be less than 15 days.
(4) only candidates which the contracting authority has invited after a pre-selection may be involved in the next stage of the procedure – dialogue.
(5) during the dialogue can discuss all issues related to the contract, in order to identify the parameters that best meet the needs of the contracting authority.
(6) in conducting the dialogue, the contracting authority shall ensure equal treatment of workers, such as doom does not provide information in a way that could give an advantage to some players over others.
(7) the contracting authority is not entitled to submit proposals or other confidential information obtained from a participant in the dialogue of other participants, without the express consent in each case.
(8) the dialogue could take place in successive stages in order to reduce the number of decisions to discuss applying the criterion of the award and the indicators for evaluation, set out in the contract notice or the descriptive document. When it intends to conduct the dialogue in successive stages, the contracting authority shall indicate this in the notice or the descriptive document.
(9) the contracting authority conducts a dialogue to identify the solution or solutions that can meet its needs.
(10) after announcing the dialogue closed the contracting authority shall notify all participants remaining on the last stage, and invites them to submit final tenders, drawn up on the basis of the solution or solutions specified during the dialogue. Tenders must contain all the required elements necessary for performance of the contract.
(11) in the award of the contract by the contracting authority evaluates the dialogue offers the optimal criteria, quality/price ratio and in accordance with the indicators referred to in the contract notice or the descriptive document.
(12) the contracting authority may ask to be informed of offers, fine-tuned or improved. Explanations, specifications and improvements, as well as additional information should not change the basic features of the tender or of the order, including needs and requirements specified in the contract notice or the descriptive document if this could lead to distortions of competition or to discriminate.
(13) the contracting authority may negotiate with the participant submitting the tender with optimal quality/price ratio, to affirm commitments or other conditions in the tender, specifying the terms of the final order. Clarification of conditions must not lead to a change in substance of the basic parameters of the offer or the order, including the defined needs and requirements in the contract notice or the descriptive document, as well as to distortions of competition or to discriminate.
(14) the contracting authority may provide prizes or payments to the participants in the dialogue.
Partnership for innovation
Art. 137. (1) any person may submit an application for participation in the partnership for innovation, which must provide the contracting authority with information concerning the lack of grounds for removal and its conformity with the selection criteria.
(2) in the documentation for the contract, the contracting authority shall motivate the need for obtaining an innovative product, service, or construction, and an inability to be satisfied through the available offerings on the market. The contracting authority describes his needs, indicating which elements of the description are the minimum requirements to be met by all offers. The information provided must be sufficiently precise to enable the persons concerned to identify the nature and scope of the decision and decide whether to participate in the procedure.
(3) in the documentation for the contract, the contracting authority shall determine the rules applicable to intellectual property rights.
(4) the minimum time limit for receipt of request to participate in the partnership for innovation is 30 days from the date of dispatch of the contract notice. In the event of circumstances requiring urgent procurement, which is impossible due to the observance of the time limit, the contracting authority may set a time limit for receipt of requests to participate which may not be less than 15 days.
(5) when the Contracting Authority assess pre-selection technical and professional capacity of candidates in the field of research and development, and the development and implementation of innovative solutions.
(6) only candidates which the contracting authority has invited after a pre-selection may submit tenders for research and innovation.
(7) the contracting authority may provide for a phased implementation of negotiations to reduce the number of tenders, such as applying the award criteria and indicators for the evaluation referred to in the notice. When it intends to use this opportunity, the contracting authority shall indicate in the notice that.
(8) the contracting authority is conducting negotiations with the participants to improve the content of the initial and subsequent deals with the exception of the final offers.
(9) the minimum requirements and evaluation indicators are non-negotiable and cannot be changed.
(10) in the award of the contract by the contracting authority evaluates the innovation partnership offers the only criteria optimal quality/price ratio.
(11) in the conduct of the negotiations, the contracting authority shall ensure equal treatment of participants, such as not providing information in a way that could give an advantage to some players over others.
(12) in the conduct of the negotiations, the contracting authority shall inform in writing all fate requires whose bids are not remedied, of any changes to the technical specifications or in another document from the procurement documentation other than that which lay down minimum requirements. After the introduction of such changes, the contracting authority shall provide the participants enough time to change and submit amended tenders again.
(13) the contracting authority is not entitled to submit proposals or other confidential information obtained from a participant in the talks, the other participants without the express consent in each case.
(14) the Treaty on partnership for innovation purposes, development of innovative product, service, or construction and the subsequent acquisition of the result, the supplies, services or works, provided that they comply with the performance levels and the maximum costs agreed between the contracting authority and the tenderer/participants.
(15) in the partnership contract governing the execution of the order of successive stages according to the steps in the process of research and innovation, which may include the production of products, provision of services or carrying out of the construction.
(16) in the partnership contract set intermediate objectives, to be achieved, as well as contributions to pay for the appropriate reward.
(17) the sponsor shall ensure that the different stages of the partnership reflect the degree of innovation of the proposed decision and order of the research and innovation activities necessary for the development of innovative solution.
(18) the expected value of acquired supplies, services or works must be proportionate to the investment necessary for their development.
(19) the contracting authority shall not be entitled to disclose to the other partners the solutions proposed or other confidential information supplied by a partner within the framework of the partnership, without the express consent in each case.
(20) in the cases referred to in para. the contracting authority may 16 to end the partnership for innovation after each stage, and in the partnership for innovation with several partners to reduce their number through the termination of individual contracts, if this option is specified and the conditions in the contract documentation.
Negotiated procedure without a prior call for participation
Art. 138. (1) the sectoral entities may apply a negotiated procedure without a prior call for participation on the grounds of art. 79, para. 1, item 1 – 4 and 6-10, and when:
1. the order seeks only scientific research, experiment, study or development; such contracts do not cover production in quantities that allow it to provide enough marketing or to cover the costs of research and development;
2. in a very short time the opportunity arises to obtain supplies on particularly advantageous terms, and at a price considerably lower than normal market prices; in this case negotiations shall invite the persons who offer goods at prices lower than the market.
(2) in the cases referred to in para. 1.1 the award of the contract shall not affect the possibility of other interested parties to participate in subsequent contracts with the same or similar subject matter.
(3) in the event of a negotiated procedure without a prior call for participation pursuant to art. 79, para. 1, item 6 limitation under art. 79, para. 3 does not apply.
(4) the decision to open the procedure, the contracting authority shall motivate applicable basis under para. 1.
(5) the conditions and procedure for conducting the procedure shall be determined by the regulation for implementation of the law.
Design contest
Art. 139. The competition for the project was held in accordance with the provisions of art. 80.
Section II
Specific techniques and tools for procurement
Dynamic purchasing system
Art. 140. (1) the award of public contracts by NGA, the time limit for receipt of requests to participate referred to in art. 85, para. 2 may not be less than 15 days.
(2) in the event that a sectoral employer shorten the time limit under art. 85, para. 2, he should indicate the circumstances on the basis of which the period is shortened.
(3) When the contracting authority has provided the grounds for removal and/or selection criteria in accordance with art. 144, para. 2, he may at any time within the period of validity of the DPS to ask candidates to submit EEDOP released with updated information on the requested data on the basis of which are included in the NGA.
(4) the information referred to in para. 3 is provided within 5 working days of receipt of the request.
(5) at any time within the period of validity of the CPD, the contracting authority may ask the applicants to submit documents to prove the circumstances listed in EEDOP.
(6) For the outstanding questions concerning the creation, extension and termination of the NGA and the award of contracts within the provisions of section II of Chapter ten.
Section III
Qualifications systems
Establishment of qualifications systems
Art. 141. (1) the sectoral entities can create and use qualifications systems of economic operators. In such cases, they shall draw up a notice form, which shall contain at least the information referred to in annex 13. The notice shall state the purpose and the period of validity of the qualification system and how to have access to the rules for its application.
(2) the sectoral entities announce any change in the period of validity of the qualification system, as well as its termination, using the following models:
1. notice of qualification system – when you change the duration without termination of the qualification system;
2. contract award notice – upon termination of validity of the qualification system.
(3) the qualification systems are organized in a way that enables operators to be included therein at any time.
(4) the qualification system may involve different stages associated with the preliminary selection.
(5) upon the creation of the qualification system sectoral entities lay down rules and criteria on the basis of which the persons concerned will be included and excluded from the qualification system, including the periodic updating of the information, if any, and on the period of validity of the qualification system.
(6) where those criteria and rules include technical specifications, apply art. 48-52. In such cases, the contracting authorities may, if necessary, updated criteria and rules.
(7) the persons concerned may, for the purposes of registration in a qualification system to rely on the capacity of third parties, irrespective of the legal relationship between them, with respect to the criteria relating to the economic and financial situation, the professional and technical capabilities, in case that the assignor has set.
(8) the sectoral entities provide anytime access to the criteria and rules referred to in paragraph 1. 5, including at the request of the persons concerned.
(9) When a contracting entity considers that the sectoral qualification system, created by another person, meets its requirements, it shall communicate to the stakeholders that will benefit from this qualification system.
(10) the qualification systems are organized in such a way as to ensure the use and storage of information in respect of the entries in it operators. The information can be grouped into categories according to the type of orders for which the entry is valid.
(11) the contracting authority shall decide on the inclusion or non-inclusion of stakeholders in a qualification system within 6 months from submission of the application for inclusion in the qualification system. The refusal is refused.
(12) when the decision under paragraph 1. 11 are needed more than 4 months, the contracting authority shall inform the person concerned within two months from the filing of the application for the reasons and the date by which the decision will be taken.
(13) the decision referred to in paragraph 1. 11 shall be forwarded to the applicant within 15 days of its issue.
(14) the sectoral employer may decide to discontinue participation in the qualification system of the candidate on the basis of the conditions laid down in the establishment of qualification system rules and criteria. The judgment shall be sent to the applicant at least 15 days before the date set for the termination of its participation in the qualification system.
(15) in the event that the contracting authorities require fees to be included in the qualification system for maintenance or updating of the information, they may not exceed the costs that are required for these activities.
The award of the contract through a qualification system
Art. 142. (1) the specific contracts for works, supplies or services falling within the scope of the qualification system shall be awarded by restricted or negotiated procedures with a prior call for participation, and the contractor of the contract shall be chosen among the persons entered in the qualification system.
(2) the contracting entities shall indicate in the invitation to tender or to participate in the negotiations, the criteria for the award of the contract, if not included in the notice of the establishment of a qualification system, as well as whether:
1. tenders shall be required to be presented in the form of an electronic catalog, or to include an electronic catalogue;
2. provides for conducting an electronic auction to determine the contractor;
3. tenders may be submitted for one, for several or for all the lots;
4. is there a limit on the number of lots to be awarded to one contractor.
(3) access to the documentation shall be made available not later than the date of dispatch of the invitation to tender or to participate in the negotiations. In the contract notice or the invitation shall specify the Web address to which the documentation is available for order.
(4) with the publication of the notice on the establishment of qualification system sectoral entities may make the award of the first contract within the system.
Confidentiality in a qualification system
Art. 143. the sectoral entities may apply art. 102, para. 3, and in respect of information provided in connection with the use of the qualification system, whether the circumstances relating to confidentiality, were named in the notice for the qualification system.
Section IV
Applicants and participants
Grounds for removal and selection criteria
Art. 144. (1) the sectoral entities may establish objective rules and criteria for removal and the selection of participants or candidates who made available to interested parties.
(2) the rules and criteria set out in para. 1 may include the grounds for removal under art. 54, para. 1 and art. 55, para. 1, as well as the selection criteria under art. 59, para. 1 in compliance with the relevant conditions for their placing, declaring and demonstrating.
(3) contracting authorities which carry out sectoral activities, implement mandatory grounds for removal under art. 54, para. 1 and may apply the grounds for removal under art. 55, para. 1.
(4) in the selection of candidates in restricted or negotiated procedures with a prior call for participation, the contracting authority may:
1. to have the candidate conditions by an administrative, technical or financial nature that do not apply to other candidates;
2. to request checks or evidence that repeated evidence already submitted by the applicant.
(5) in restricted procedures, negotiated procedures with a prior call for participation, a competitive dialogue or partnership for innovation, the contracting authority may lay down objective and non-discriminatory rules and criteria which apply to reduce the number of candidates to be invited to tender or to participate in the negotiations. The number of candidates invited shall be sufficient to ensure genuine competition.
(6) For the outstanding questions about reducing the number of candidates shall apply the provisions of art. 105.
The provision of the technical specifications for regularly awarded contracts and orders, for which as an invitation to participate in the procedure uses a periodic indicative notice
Art. 145. (1) any interested person may request from a sectoral employer be submitted technical specifications which are traditionally used in the orders or refer to orders under which disclosure of the discovery procedure uses a periodic indicative notice, unless this is impossible.
(2) in the cases referred to in para. 1 the sectoral entities are obliged to provide the technical specifications by electronic means with unlimited, full, free and direct access. When they are included as part of the already submitted documents, the contracting entity shall indicate the Internet address where the technical specifications are available.
(3) the documents which, for objective reasons, including relating to confidentiality of information, are not accessible through the Internet address shall be made available in some other appropriate manner.
Tenders comprising products originating in third countries
Art. 146. (1) the sectoral entities can eliminate an offer to supply, where the proportion of the products originating in third countries with which the European Union or the Republic of Bulgaria no concluded multilateral or bilateral agreement ensuring comparable and effective access shall not exceed 50 per cent of the total value of the products included in it.
(2) the share of the products referred to in paragraph 1. 1 shall be determined in accordance with Regulation (EC) no 952/13 of the European Parliament and of the Council of 9 October 2013, establishing the Community customs code the Union (OB, L 269/1 of October 10, 2013).
(3) in the application of para. 1 software which is polzva in the equipment of telecommunications networks, is to have the product.
(4) where two or more tenders are equivalent in accordance with the selected criterion for the award of tenders preference shall be classified tenders which may not be removed in accordance with para. 1. the prices of the tenders shall be considered equivalent if the difference between them does not exceed 3 per cent.
(5) an offer may not be preferred to another pursuant to para. 4, where its acceptance would oblige the contracting entity to purchase goods with technical characteristics which differ from those existing, which would result in incompatibility or technical difficulties in operation and maintenance.
Subsidiary application
Art. 147. For matters not covered in this part shall apply the provisions of the first and second parts.
PART FOUR
SPECIAL RULES FOR THE AWARD OF PUBLIC CONTRACTS IN THE FIELDS OF DEFENCE AND SECURITY
Chapter eighteen
GENERAL
Range
Art. 148. (1) the provisions of this part shall apply to the award of public works contracts:
1. deliveries of military equipment, including parts, components and/or mounting elements for it, as well as the equipment included in the list of defence-related products, adopted pursuant to art. 2, al. 1 of the law on export control of defence-related products, and the products and technologies with dual-use items;
2. delivery of sensitive equipment, including parts, components and/or mounting elements for it;
3. services directly related to the equipment referred to in paragraph 1 and 2 including, for each element of its life cycle;
4. construction, directly related to the equipment referred to in paragraph 1 and 2 including, for each element of its life cycle;
5. facilities for specific military purposes or for sensitive services;
6. construction for specific military purposes or for sensitive construction.
(2) For the outstanding questions in this part apply rules for public entities.
Exceptions
Art. 149. (1) the law does not apply to contracts in the areas of Defense and security:
1. awarded for specific procedural rules:
a) under international agreements or contracts concluded in compliance with the provisions of the TREATY between the Republic of Bulgaria, on the one hand, and one or more third countries on the other;
(b)) of the international organization, which carries out purchases for their own purposes or for orders that need to be assigned in accordance with these rules;
2. the award of which is related to the provision of information, the disclosure of which is contrary to the essential interests of the security of the country in accordance with art. 346 TFEU;
3. awarded for the purpose of intelligence activities;
4. contracts awarded under the programme of cooperation on the basis of the research and development carried out jointly by at least two Member States, to develop a new product, and where applicable, of the later stages of the whole or parts of the life cycle of the product;
5. contracts awarded in a third country, where operational needs require contracts to be concluded with performers, located in the area of operations, including civil orders carried out on deployment of forces outside the territory of the European Union;
6. awarded by the Council of Ministers of another Government, relating to:
and the supply of military equipment) or sensitive equipment, or
b) construction and services directly related to the equipment referred to in (a), or
in works and services) for specific military purposes or sensitive construction and sensitive services;
7. for financial services with the exception of insurance services;
8. awarded to undertakings of a Member State or a third country in pursuance of an international agreement or contract relating to the stationing of troops;
9. arbitration and conciliation services;
10. in employment relationships within the meaning of § 1, item 26 of the additional provisions of the law on income tax of individuals;
11. for research and development services, where the contracting authority fully paid service, but its benefits do not remain exclusively to the contracting authority in the conduct of his business;
12. where the acquisition or rental, by whatever financial means, of land, existing buildings or other real estate or prava on them;
13. contracts awarded by public entity, including when carried out sectoral activities of the legal person, if both the following conditions are met:
(a) the contracting authority to exercise) on the entity control, similar to the one that exercised over its own departments;
(b)) more than 80 percent of the activities of the entity to be formirana of the implementation of the activities assigned by the contracting authority or its separate structures, or from other entities controlled by the contracting authority;
in) in the legal person – performer, has no direct equity participation in private, with the exception of one that is not associated with a control or blocking powers and which has no decisive influence on the activities of the legal person.
(2) After completion of the program at al. 1, item 4 on the Bulgarian side, the participant shall inform the European Commission on matters of research and development expenditure in relation to the total cost of the program for cooperation agreement on cost sharing, as well as the expected share of purchases of a Member State, if any.
(3) in the cases referred to in para. 1, item 13 (a) the contracting authority exercised over the entity control, similar to the one that exercised over its own departments, where there is a decisive influence on the strategic objectives and significant decisions of this legal person. Such control may be exercised and by another legal entity, which is controlled in the same way by the contracting authority.
(4) the methodology for determining the cost of the contracts referred to in paragraph 1. 1, item 13 shall be determined by the regulation for implementation of the law.
(5) in the cases referred to in para. 1. in the determination of 13 percent of the activity is taken into account, the average total turnover or another suitable indicator, which measures the performance of the activity for the last three years.
(6) in the cases referred to in para. 1, item 13, when due to the date of creation or of the commencement of the activities of the legal person or because of a reorganization of its activities no data for turnover or when these data are no longer up to date, it is sufficient to prove that the method for the measurement of the activity is reliable, in particular through its business program.
(7) When dropped one of the conditions necessary for the conclusion of a contract under para. 1, item 13, shall terminate the contract with the conclusion in accordance with the law of a new contract with the same subject. In this case the contracting authority discovers the award of new contract within one month by dropping the relevant condition.
(8) contracting entities may not invoke derogations under paragraph 1. 1 for the purpose of circumvention of the law.
(9) the criteria and procedure for determining the existence of a basic interest in al. 1, item 2 shall be determined by the Ordinance under art. 13, para. 2.
Mixed contracts including activities in the fields of defence and security
Art. 150. (1) where the subject-matter of the contract contains several activities some of which apply the provisions of this part, for others – the rules for public entities or rules for sectoral entities, it shall be awarded in accordance with this part, provided that it is justified for objective reasons, the award of a blanket. Where the contracting authority decides to award separate contracts for individual activities, observe the rules applicable to the activity.
(2) when one of the activities of the subject-matter of the contract shall be subject to the provisions of this part, and any other activity is beyond the scope of the law, including in the cases under art. 346 TFEU, and for objective reasons justified the award of a blanket order, for this order, the law does not apply.
(3) the Act shall not apply to public contracts whose object contains an objective the integral parts, some of which fall within the scope of art. 346 TFEU, and other applicable provisions of this part.
(4) not allow a decision on the award of a total order for purposes of the application of this part of the order or exclusion from the scope of the law.
Mixed service contracts
Art. 151. A contract that includes both services in annex No 14 and no 15 Annex, shall be awarded in accordance with the procedure laid down for services whose estimated value is higher.
Award by central purchasing bodies
Art. 152. (1) the contracting entities are able to receive supplies or services from or through a central purchasing body, including when he was a European public authority which is not a contracting authority and act as centralized purchasing activities.
(2) when the contracting entities receive supplies or services under para. 1, is believed to have complied with the provisions of the Act, if:
1. the central purchasing body has complied with the provisions of this part and, where the European public authority which is not a contracting authority – rules equivalent to those laid down in the law;
2. provide an opportunity for appeal.
(3) the central authority and the contracting authority shall be responsible for the legality of the procedure taking place.
Chapter nineteen
PUBLICITY AND TRANSPARENCY
Advance notice informative
Art. 153. (1) the contracting entities may make their intentions for the award of public contracts or for the conclusion of framework agreements over the next 12 months in advance through the publication of an informative notice.
(2) the contracting entities are required to send obâvlenieto in al. 1 only when you intend to shorten the time limits for receipt of tenders.
Contract notice
Art. 154. The contracting authorities shall publish a contract notice, which is thought to invite to take part in a restricted procedure, the negotiated procedure with publication of a contract notice and the competitive dialogue to an unlimited number of persons who meet the stated requirements.
Contract award notice
Art. 155. (1) the contracting authorities send to publish contract award notice within:
1.30 days after conclusion of a contract for a public contract or a framework agreement;
2. the seven days of the entry into force of the decision terminating the procedure.
(2) in the case of contracts awarded on the basis of a framework agreement, contracting authorities shall publish a summary of contracts within 30 days after the end of each quarter.
(3) information from the notice under paragraph 1. 1, the disclosure of which is contrary to the law, including in the field of defence and security, as well as that in respect of which the participants have invoked the confidentiality in connection with the existence of a trade secret, not published in the official journal of the European Union and ROP.
Place, form and manner of publication of notices
Art. 156. (1) the contracting entities are sent for publication in the official journal of the European Union:
1. preliminary informative notices;
2. notices of public contracts;
3. a notice of the amendment or additional information;
4. a notice of the award of contracts;
5. notices of voluntary transparency, where applicable.
(2) notices referred to in para. 1, item 1, 2, 4 and 5 shall be made using the model established by an act of the European Commission, and shall contain at least the information referred to in annex 16, depending on the stage of the procedure. Notices shall be sent for publication by electronic means.
(3) the notices referred to in para. 1 shall be published in the ROP, under the conditions and by the procedure of art. 36.
Chapter twenty
REQUIREMENTS FOR APPLICANTS AND PARTICIPANTS
Grounds for removal
Art. 157. (1) the contracting authority removed from participation in a procurement procedure or the candidate participant:
1. who has been convicted by a final judgment, unless rehabilitated, a crime under art. 108 a, art. 159A – 159 g, art. 192 a, art. 194-217, art. 219-252, art. 253 – 260, art. 301-307, art. 321 and 321 (a) of the Penal Code;
2. who has been convicted by a final judgment, unless it is rehabilitated, a crime similar to those referred to in paragraph 1, in another Member State or a third country;
3. for whom there is a conflict of interests, which may not be removed.
(2) the contracting authority may remove from participation in a procurement procedure candidates or participant for whom there is any of the following circumstances:
1. is declared bankrupt or is in bankruptcy or winding-up proceedings, or has entered into an out-of-court settlement with his creditors within the meaning of art. 740 of the commercial code, or has ceased its activities, and in the event that the candidate or tenderer is a foreign entity – is in a similar situation arising from a similar procedure under the legislation of the State in which it is established;
2. There are obligations on taxes and mandatory contributions within the meaning of art. 162, para. 2, item 1 of the tax-insurance procedure code and interest thereon to the State or the municipality in which the contracting authority and the applicant or participant, or similar obligations, established by an act of the competent authority in accordance with the legislation of the country in which the candidate or tenderer is established, unless it is granted, deferring or rescheduling collateral obligations or commitment is the Act which has not entered into force;
3. is the right to exercise a profession or activity under the legislation of the State in which the infringement was committed, including for violations related to the export of products in the field of defence and security;
4. with entry into force of a judgment is found to be guilty of failure to fulfil obligations under contract for public procurement, including in respect of the security of information and security of supply;
5. it has been found that has submitted a document which contains incorrect particulars related to the verification of the absence of grounds for removal or the fulfilment of the criteria for selection;
6. it has been found by security services within the meaning of the law on the protection of classified information, on the basis of any evidence, including intelligence agents, it does not possess the necessary reliability, which is why there is a risk of a threat to national security.
(3) the contracting authority shall specify circumstances under para. 2 in the contract notice, and in procedures under art. 18, al. 1, item 10 – in the invitation to take part in negotiations.
(4) the grounds under para. 1 and al. 2, item 5 shall apply to the persons who constitute the participant or applicant, the members of the management and supervisory bodies and other persons who have the power to exercise control when taking decisions of such bodies.
(5) upon participation in procedure the candidate or tenderer shall submit a declaration of lack of grounds for removal.
(6) proof of the lack of grounds for removal the successful tenderer selected for artist, presents:
1. for the circumstances under para. 1, item 1 – certificate of criminal record;
2. for the circumstances under para. 2, item 1 – a certificate issued by the registry Agency;
3. investigation under paragraph 1. 2, item 2 – certified by the revenue bodies and a certificate from the municipality in which the contracting authority and the applicant or participant.
(7) the contracting authority is not entitled to require submission of the documents referred to in para. 6, when circumstances are available through the public registry information or free or access to be granted by the competent authority of the contracting authority in an official way.
(8) in application of the grounds for removal under para. 1 and 2 may not apply measures to demonstrate the reliability of art. 56.
Selection criteria
Art. 158. (1) the determination and validation of selection criteria be applied art. 59 – 62 and article. 65.
(2) proof of the technical and/or professional abilities in addition to the requirements under art. 63 and the evidence referred to in art. 64, the contracting authority may set additional conditions and to require the applicants or participants to submit:
1. a description of the technical equipment and the measures to ensure the quality of the equipment for testing and research, as well as the internal rules of the participant in connection with intellectual property;
2. a description of the technical equipment, the materials, the means, the number of employees and know-how and/or sources of supply with an indication of the geographical location where it is outside the territory of the European Union, the candidate for the execution of the order, to meet a possible increase of the needs of the contracting authority as a result of the crisis, or to provide the maintenance, modernisation or adaptation of supply covered by the contract;
3. a permit, certificate or confirmation of access to classified information within the meaning of the law on the protection of classified information, including the possibility of processing, storage and transmission of such information to the level of protection required by the contracting authority – in the case of orders that contain requirements or WAT classified information.
(3) in the cases under art. 64, para. 1, item 2 the list should cover the last five years from the date of submission of the application.
(4) the contracting authority may specify in the notice an additional period within which persons who do not possess a permit, certificate or confirmation under para. 2, item 3, to submit the appropriate document. Within the time limit for receipt of requests to participate the persons submitted to the Contracting Authority written consent to perform the reset procedure, and the necessary documents according to the law on the protection of classified information, which are sent by the contracting entity to the competent security service.
(5) contracting entities shall recognise the permissions for access to EU classified information issued in accordance with the legislation of the Member State in which the candidate or tenderer is established, in the presence of an international treaty entered into force or a bilateral agreement on the protection of classified information, in which the Republic of Bulgaria is a party. Under the conditions and by the procedure of the law for the protection of classified information, the contracting authority may ask for additional studies in the Member State concerned.
(6) subject to the provisions of the law on the protection of classified information, the contracting authority may ask the national security authority of the State in which the applicant is established, to check the conformity of the premises or installations that eventually would be used, production and administrative procedures that will be followed, information management methods and/or status of staff who can be hired for the performance of the contract.
(7) if participation in the procedure the candidate or tenderer shall submit evidence of compliance with the selection criteria set by the contracting authority.
(8) where a valid reason the candidate or tenderer is unable to produce the documents requested by the contracting authority as proof of the technical and/or professional abilities, he can prove them by any other document which the contracting authority considers appropriate. This option does not apply to the documents referred to in para. 2, item 3.
Chapter twenty one
THE AWARD OF CONTRACTS. AMENDMENT OF CONTRACT
Technical specifications
Art. 159. (1) the contracting authority sets out the technical specifications referred to in any of the ways referred to in art. 48, para. 1, item 1, 3 and 4, or by reference in the following order:
1. the Bulgarian standards which bring European standards;
2. European technical assessments;
3. the common technical specifications;
4. Bulgarian standards which introduce international standards;
5. international standards;
6. other technical standards established by the European standardisation bodies, or where there are no such, by national standards, national technical approvals or national technical specifications relating to design and method of calculation and execution of works and use of the goods;
7. technical specifications established and widely adopted by the industry;
8. national standards in the field of defence and similar specifications for equipment and supplies in the area of defence.
(2) in determining the technical specifications shall apply the requirements of art. 48, para. 2-6.
Free choice of procedure
Art. 160. in the procurement under this part the contracting entities choose freely restricted and negotiated procedures with publication of a contract notice.
Restricted procedure
Art. 161. (1) any person may submit an application to take part in a restricted procedure, in which you must provide the requested information by the developer about the lack of grounds for removal and its conformity with the selection criteria.
(2) in restricted procedure tenders submitted only candidates which the contracting authority has invited after a pre-selection.
The negotiated procedure with publication of a contract notice
Art. 162. (1) in the event of a negotiated procedure with publication of a contract notice, the contracting authority shall apply art. 76, para. 1, 2, 4, 7 and para. 10-16.
(2) the contracting authority may provide the negotiations to take place in successive stages in order to reduce the number of the offers, such as applying the award criteria. This opportunity shall indicate in the contract notice or in the documentation.
Competitive dialogue
Art. 163. (1) the contracting authority may choose the procedure competitive dialogue when the contract is particularly complex, and it is therefore impossible to its procurement through the use of restricted or negotiated procedures with publication of a contract notice.
(2) the contract is particularly complex when, for objective reasons, the contracting authority cannot determine:
1. the technical specifications and/or
2. financial or legal framework order.
(3) in the event of a competitive dialogue, the contracting authority shall apply art. 77, para. 1, 2, and para. 4-14.
The negotiated procedure without publication of a contract notice
Art. 164. (1) the contracting authorities shall decide on the award of public contracts by a negotiated procedure without publication of a contract notice in the following cases:
1. in a restricted procedure, a competitive dialogue or a negotiated procedure with publication of a contract notice for contracts not submitted tenders or requests to participate or tenders submitted requests to participate or are inappropriate and initially announced terms of the contract are not substantially altered;
2. When you invite all participants, whose previous bids in a restricted procedure, a competitive dialogue or a negotiated procedure with publication of a contract notice shall comply with the requirements of the contracting authority, but exceed its financial resources and initially announced terms of the contract are not substantially altered;
3. where it is necessary to take urgent action in the crisis and cannot be complied with the time limits for carrying out of restricted or negotiated procedures with publication of a contract notice, including redundant terms, as in the cases under art. 173, para. 1, paragraph 2, subparagraph (a);
4. where necessary urgent award of the contract due to exceptional circumstances and it is not possible to meet deadlines, including redundant, for restricted or negotiated procedures with publication of a contract notice; the circumstances which justify the existence of urgency should not be attributable to the contracting authority;
5. for technical reasons, or for reasons connected with protection of exclusive rights, the contract may be awarded only to a particular contractor;
6. the contract is with object services for research or development, except in the cases under art. 149, para. 1, item 4 and 11;
7. the goods – involved are manufactured purely for the purpose of research, experiment, scientific or development and are at levels that do not allow to ensure sufficient market outlets or to cover the costs of research and development;
8. when further deliveries of goods from the same supplier, designed for partial replacement or supplement existing supplies or installations, and switching leads to significant incompatibility or technical difficulties in operation and maintenance due to the acquisition of goods with different technical characteristics;
9. the object of the contract is the supply of goods traded on the stock exchange, according to the list under art. 79, para. 1, item 7;
10. for a brief period arise favourable conditions for the supply of goods at prices lower than the market, including a sale of the assets of companies in liquidation or bankruptcy;
11. due to unforeseen circumstances, it is necessary the award of an additional service or works on the same contractor on the following terms:
and additional service or construction) cannot be technically or economically separated from the main subject of the contract without major inconvenience to the contracting authority or even though can be separated, are essential for the performance of the contract;
(b)) the total value of contracts awarded with additional services or works, not more than 50 per cent of the amount of the main contract;
12. where necessary the repetition of service or construction by the same artist in the presence of the following conditions:
a) initial contract awarded in restricted or negotiated procedures with publication of a contract notice or in the contract notice and the competitive dialogue, it is referred to the possibility of such an award;
(b)) the total value of the new order is included and is referred to in determining the value of the original contract;
in the new order) corresponds to a basic project for which the original contract was awarded;
13. the object of the contract is connected with the provision of the aviation and maritime transport services for the armed forces or security forces of the country that are located or to be located outside its territory, when the contracting authority has to provide these services by contractors whose bids are valid only for a short time so that the period for carrying out the restricted procedure or the negotiated procedure with publication of a contract notice including shortened time limit could not be respected;
14. the contract is for services included in annex 15.
(2) in the cases referred to in para. 1, item 8 of the contract for an additional order may not be longer than 5 years. As an exception, you can determine a longer period, when required by the circumstances related to the expected operating life of the devices, equipment or systems and technical difficulties which may cause a change of contractor.
(3) in the cases referred to in para. 1, item 9 the contract is concluded under the rules of respective Exchange.
(4) in the cases referred to in para. 1 (10) the contract is concluded under part 3 of the commercial code.
(5) in the cases referred to in para. 1.12 procedure can be revealed no later than 5 years from the award of the first contract, except where exceptionally necessary procedure to be held after this deadline due to circumstances related to the expected operating life of the devices, equipment or systems and technical difficulties which may cause a change of contractor.
(6) the decision to open the procedure, the contracting authority shall motivate applicable basis under para. 1.
(7) the conditions and procedure for conducting the procedure shall be determined by the regulation for implementation of the law.
Time limits for carrying out the procedures
Art. 165. (1) the minimum time limit for receipt of requests to participate in a restricted procedure, the negotiated procedure with publication of a contract notice and the competitive dialogue is 30 days from the date of dispatch of the contract notice for publication.
(2) the minimum time limit for the receipt of tenders in restricted procedure is 35 days from the date of dispatch of the invitation to tender. When not supplied, unlimited, free and full direct access by electronic means to the contract documents the contract period is 40 days.
(3) the time limits referred to in para. 2 can be shortened by four days where the contracting authority has published an informative notice in advance, and it:
1. was sent for publication between 52 days and 12 months before the date of dispatch of the contract notice for the publication, and
2. include all the information in part a of Annex 16.
(4) in the event of circumstances requiring urgent procurement, which is why it's impossible terms under para. 1 and 2, the contracting authorities may fix:
1. the time limit for receipt of requests to participate: not less than 15 days from the date of dispatch of the contract notice for publication;
2. the time-limit for receipt of tenders – not less than 10 days from the date of dispatch of the invitation to tender.
(5) in the contract notice the contracting authority motivated application of para. 4.
Reduce the number of applicants, tenders or decisions
Art. 166. (1) where, in the case of a restricted procedure, the negotiated procedure with publication of a contract notice and competitive dialogue the contracting authority uses the option of reducing the number of applicants, the minimum number of candidates they intend to invite, may not be less than three.
(2) If, after conducting the preliminary selection, the contracting authority finds that the number of candidates meeting the selection criteria and the minimum requirements is not sufficient to ensure real competition, he may:
1. to publish the initial announcement and again to repeat the stage of selection for new applications, or
2. to terminate the procedure.
(3) in the cases referred to in para. 2 the contracting authority invites the candidates selected after the first and the second publication to submit tenders.
Invitations to candidates
Art. 167. (1) in the case of restricted procedures, competitive dialogue and negotiated procedures with publication of a contract notice, the contracting authority shall send simultaneously written invitations to selected candidates to tender or to participate in the negotiations or dialogue.
(2) Invitations shall contain at least the information referred to in annex 17.
(3) where the records or parts thereof is filed with a person other than the contracting authority, the invitation shall state the address from which it can be obtained. In the event that it is not granted access to the documentation by electronic means, the invitation should be made and the final date for making the request to obtain the documents. When the request is submitted within the time allowed, the competent authorities shall send the documents.
Amendment of contract procurement and ramkovo sporazumenie
Art. 168. Contracting entities shall apply the grounds for amendment of the contract for the procurement and ramkovo sporazumenie under art. 116, para. 1, item 1, 4 and 5.
Chapter twenty-two
SPECIFIC TECHNIQUES AND TOOLS FOR PROCUREMENT
Framework agreement
Art. 169. (1) where the Contracting Authority enters into a framework agreement with several persons, their number cannot be less than three, provided that a sufficient number of potential contractors who meet the selection criteria, and/or a sufficient number of offers that meet the previously announced terms of the contracting authority.
(2) the framework agreements shall be concluded for a period not exceeding seven years.
(3) by way of exception, the period referred to in para. 2 may be longer when given the expected service life of the delivered goods, equipment, or systems changing the contractor can cause technical difficulties. The contracting authority shall indicate the reasons therefor in the notice.
(4) For the outstanding questions concerning the conclusion of the framework agreement and the award of contracts based on a framework agreement shall apply the provisions of section I of Chapter ten.
Electronic auction
Art. 170. (1) the contracting entities may hold an electronic auction to award a contract by restricted or negotiated procedure with prior publication of a contract notice, and in the conduct of domestic competitive selection on the basis of the framework agreement, when the technical specifications of the contract can be specified.
(2) the use of electronic auction shall indicate in the contract notice.
(3) For the outstanding questions regarding the holding of an electronic auction shall apply the provisions of section III of Chapter ten.
Chapter twenty three
INFORMATION AND SECURITY OF SUPPLY
Special requirements for performance of the contract
Art. 171. contracting entities may lay down special conditions for the execution of the contract relating to the award of subcontracting, or those aimed at ensuring the protection of classified information and/or security of supply.
Requirements for the protection of classified information
Art. 172. (1) the contracting entities shall indicate in the notice whether the contract contains, or requires that classified information. In this case, the documentation that comes with the invitation to tender, the contracting authority shall affix to the participants and their subcontracting requirements in order to protect classified information.
(2) in the cases referred to in para. 1 the contracting authority may:
1. to request a permit, certificate or confirmation of access to classified information within the meaning of the law on the protection of classified information, including the possibility of processing, storage and transmission of such information to the level of protection required by the contracting authority;
2. to request the submission of permit, certificate or confirmation of access to classified information within the meaning of the law on the protection of classified information for selected subcontractors;
3. to include in the draft contract clauses that oblige the contractor:
(a)) to present the document referred to in paragraph 2 and to subcontractors selected during the execution of the contract;
(b)) to protect classified information become available in the course of the procedure, during and after the performance of the contract;
c) in contracts with subcontractors selected before and during the performance of the contract, to include clauses on the letter "b" for the protection of classified information.
(3) to provide the technical specifications of the applicants or the participants in the proceedings and at the conclusion of the contract, the contracting authority may set requirements for the protection of information of a confidential or classified information. The contracting authority may ask candidates or participants to ensure compliance with these requirements and their subcontractors.
(4) Applicants or participants, including their subcontractors, shall not disclose information referred to in para. 3.
Security of supply
Art. 173. (1) where the contracting authority has included in the notice requirements for security of supply, it may:
1. to request the offer contains:
a) licenses or other appropriate documents, issued in the Member State concerned, which proves that the participant is able to perform its duties in connection with the export, transfer or transit of goods related to the contract;
(b)) the identification of any restrictions related to the disclosure, transfer or use of goods and services, or the results thereof, arising from control of exports or arrangements in the field of defence;
in) evidence that the entity and the location of the supply chain of the participants permit compliance with these requirements, as well as Becky declaration that possible changes in the supply chain during the execution of the order will not adversely impact;
d) any accompanying documentation received from the national authorities of the participant on the implementation of the additional needs required by the contracting authority, arising from the crisis;
2. to include in the draft contract clauses that oblige the contractor:
(a)) to create and/or support capacity required to meet the additional needs required by the contracting authority as a result of the crisis, in accordance with agreed-upon terms and conditions;
(b)) to carry out maintenance, modernisation or adaptation of deliveries, which are covered by the contract;
immediately notify the contracting authority) of any change in his organization, supply chain or the industrial strategy that can affect the performance of the contract;
d) in the event of termination of the proceedings to provide the contracting authority any special tools necessary for the production of spare parts, components, fittings and special test equipment, including technical drawings, licenses and instructions for use, under the conditions and in accordance with procedures stipulated under the relevant circumstances.
(2) the contracting authority may not call requirements to the participant, which may give rise to conflict with the licensing criteria for the export, transfer or transit of the Member State concerned.
Chapter twenty four
RULES FOR THE SELECTION OF SUBCONTRACTORS
Subcontractors
Art. 174. (1) in the contract notice the contracting authority may determine the proportion of the contract which is to be performed by subcontractors, setting a minimum and maximum percentage of the value of the contract but not more than 30 per cent.
(2) in its offer the participants may offer a share of the total value of the contract, which exceeds the maximum amount under para. 1, to be performed by a subcontractor.
(3) in its offer the participants indicate the types of works by the subject-matter of the contract, which will assign to subcontractors, and corresponding to these works share of the contract which may not be less than the minimum rate set by the contracting authority and the contractors who have already fixed.
(4) where a participant is determined to offer one or more subcontractors, which will conclude a contract for subprocessing, it:
1. indicate in his tender the proposed subcontractors, the kind of work that will be carried out, and the share of their participation;
2. submit documents proving compliance with the requirements for the selection of each of them according to the type and proportion of their participation;
3. notify the contracting authority of any change of subcontractors, occurred during the execution of the contract.
(5) the contracting authority is not entitled to put restrictions based on nationality of subcontractors.
Choice of subcontractors
Art. 175. (1) where the designated contractor's employer, he shall conclude subcontracts by a procedure carried out in accordance with the provisions of this part.
(2) where the designated contractor, is not the contracting authority must apply and al. 10 and 11, it shall draw up a notice in accordance with the appropriate model, which shall contain at least the information referred to in annex 18.
(3) the notice referred to in paragraph 1. 2 shall be published in the ROP and in the official journal of the European Union in compliance with art. 156, para. 2 and 3.
(4) in the cases referred to in para. 2 subcontractors are chosen in compliance with the principles of transparency and competition.
(5) the contracting authority shall be entitled to refuse the subcontractors selected by participants assigned to the contractor, provided that they do not correspond to those set out in the notice and documentation selection criteria. The rejection of a subcontractor becomes, in a reasoned decision which shall be transmitted to the participant's designated contractor. In this case the participant designated contractor is required to apply the row again for the selection of a subcontractor.
(6) where the sub-contractor is not selected because none of the subcontractors participating in the proposed procedure or of these offers do not meet the criteria laid down in the notice of subcontracting, and this would prevent compliance with the requirements laid down in the original contract:
1. the player chosen for the artist, who is not the contracting authority, may:
a) to perform the contract, if it proves that there is such a possibility, or
b) to conclude subcontracts without observing the relevant line of the award, if it proves that the selected entities meet the criteria for selection;
2. the player chosen for the performer who is a contracting entity may hold a negotiated procedure without publication of a contract notice.
(7) the decisions of the definitions of performer participant relating to the selection of a subcontractor shall not be subject to appeal in cases where the participant designated contractor, is not the contracting authority.
(8) the contracting authority may require the tenderer, designated as the performer to choose subcontractors pursuant to para. 1-4 for all or part of the activities proposed for the subcontract, if they are of value in art. 20, para. 1, item 4. This requirement is stated in the notice.
(9) the contracting authority shall indicate in the decision the selection of contractor which of the activities proposed for the subcontracts, subcontractors must be selected in accordance with para. 1-4.
(10) in the selection of a subcontractor under para. 1-4 apply the selection criteria laid down by the contracting authority in the contract. The player assigned to the contractor may determine other criteria which conform to those of the contracting authority.
(11) the selection criteria under para. 10 must be objective, non-discriminatory, are linked to the subject-matter of the contract, subcontract and are proportional to its volume.
PART FIVE
RULES FOR THE PROCUREMENT OF LOW VALUE
Chapter twenty five
PUBLIC COMPETITION. DIRECT AGREEMENT
Section I
General
Range
Art. 176. the provisions of this chapter shall apply to the award of public contracts with a value of art. 20, para. 2.
Subsidiary application
Art. 177. The outstanding issue in this chapter shall apply Rossi parts one and two.
Section II
Public competition
Publication of a contract notice
Art. 178. (1) For disclosure of the initiation public contracting authority publishes a contest notice for the contract, which shall contain at least the information referred to in annex 19.
(2) in the notice referred to in paragraph 1. 1 the contracting entity shall fix a time limit for the receipt of tenders which shall comply with the volume and complexity of the contract. The period may not be less than 21 days for contracts for services and supplies, and when the contract is for construction – 28 days and begins on the dispatch of the notice for publication.
(3) in the event of circumstances requiring urgent procurement, which is why it is impossible for the observance of the time limit referred to in paragraph 1. 2, the contracting authority may set a time limit for the receipt of tenders not less than 10 days from the dispatch of the contract notice for publication.
(4) in the contract notice the contracting authority is obliged to motivate the implementation of paragraphs 1 and 2. 3.
(5) the contracting authority is not obliged to give reasons in the notice the inability to separate the lots of demand, which is for supplies or services.
Change the posted terms and conditions
Art. 179. (1) the contracting authority may make changes to the notice and/or documentation of the contract on its own initiative or at the request of the person concerned, within three days from the publication of the contract notice. Notice of modification or additional information and the decision it is approved for publication, shall be sent within 7 days from the publication in the ROP of the contract notice, (a) where a period is shortened under art. 178, para. 3-5 days.
(2) when extended the time limit for the submission of tenders, taking into account the time needed to accommodate the interpretations or changes in the preparation of tenders.
Provision of explanations
Art. 180. (1) upon written request for clarification on the terms of the contract, made up to 5 days – in the supply and/or services and, in the cases of art. 178, para. 3, and in the works – up to 7 days before the expiry of the time limit for the receipt of tenders, the contracting entity published on a buyer profile written clarification.
(2) Explanations are published on a buyer profile within three days of receipt of the request and does not indicate the person that made the request.
Selection of contractor
Art. 181. (1) the interested parties shall submit tenders to which they apply and information on the absence of grounds for removal and their compliance with the selection criteria.
(2) in conducting the proceeding allowed the assessment of technical and price proposals of the participants prior to the examination of the documents for compliance with the selection criteria, when this option is specified by the contracting authority in the contract notice.
(3) in the cases referred to in para. 2 the verification of the existence of grounds for removal and for compliance with the selection criteria shall be carried out in a manner that is not influenced by the results of the assessment of technical and price proposals.
(4) the Commission's designated by the contracting authority shall draw up a protocol for making the selection of the participants, the examination, evaluation and ranking of the tenders.
(5) the contracting authority shall approve the Protocol on al. 4 by the procedure of art. 106.
(6) within 10 days of the approval of the Protocol, the contracting authority shall issue a decision on the selection of contractor or terminating the proceeding.
(7) upon termination of the procedure shall apply the grounds under art. 110.
(8) the decisions referred to in paragraph 1. 6 shall be sent on the same day of the participants and shall be published on a buyer profile.
Section III
Direct agreement
Direct negotiations with certain persons
Art. 182. (1) the contracting authority may conduct direct negotiations with certain parties in the presence of any of the grounds under art. 79, para. 1, item 3 and item 5 – 9 or when:
1. urgent need the award of the contract due to exceptional circumstances and it is not possible comply with the terms of art. 178, para. 2 and 3; the circumstances which justify the existence of urgency should not be attributable to the contracting authority;
2. the procedure for the award through public competition was cancelled because no tenders or tenders submitted are inadequate and initially announced conditions are not substantially altered;
3. for a very short time the opportunity arises to acquire supplies or services under particularly advantageous conditions and at a price considerably lower than normal market prices;
4. the necessary repetition of the works or services entrusted to the same employer the original contractor, subject to the following conditions:
a) initial contract awarded by public competition;
(b)) in the notice of the initial contract is referred to the ability to reassign, and the volume or quantity of possible additional works or services, and the conditions under which they will be awarded;
the total value of the new) is included and is referred to in determining the value of the original;
d) new order corresponds to the Basic project, in the performance of which is awarded the initial contract;
5. the contract is for services in annex 2 and the value of art. 20, para. 2, item 2.
(2) the decision to open the procedure, the contracting authority shall motivate applicable basis under para. 1.
(3) in the cases referred to in para. 1, item 3 of the negotiations shall be invited all persons providing goods and services at prices lower than the market.
(4) the Second award of works or services under para. 1, item 4 is possible no later than three years after the conclusion of the original contract.
(5) the conditions and procedures for the conduct of direct negotiation shall be determined by the regulation for implementation of the law.
Section IV
Procurement contract
Conclusion of a contract
Art. 183. The contracting authority shall conclude a written contract with a contractor definitions for the contract under the conditions and by the procedure of art. 112.
Amendment of contract
Art. 184. (1) the contracting authority may amend the contract to the contract under the conditions of art. 116.
(2) in the cases under art. 116, para. 1.6 amendment of the contract is permissible, provided that after the amendment, the total value of the contract does not exceed the thresholds referred to in art. 20, para. 2.
Publication of information on contracts
Art. 185. The contracting authority shall send to the ROP and published a notice on a buyer profile form within 30 days from:
1. signature of the contract – a contract;
2. signing of the additional agreement – amending the contract under art. 116, para. 1, 2 and 3;
3. conclusion of contract – for performance of the contract or for his early termination.
Chapter twenty-six
SOLICITATION BY ADVERTISEMENT. AN INVITATION TO CERTAIN PERSONS
Range
Art. 186. the provisions of this chapter shall apply to the award of public contracts with a value of art. 20, para. 3.
Release announcement
Art. 187. (1) the contracting entities are discovering the award of the order value as per art. 20, para. 3 with the publication on the buyer profile of an advertisement for solicitation, which shall be drawn up in a form and contain at least the information referred to in annex 20.
(2) contracting authorities shall publish a notice along with the technical specifications and any other information relating to the performance of the contract, where applicable.
(3) after the publication on the buyer profile contracting entities may publish the advertisement or a short information about the order and in some other appropriate manner.
(4) the contracting authority is not obliged to give reasons in the inability to separate the lots of the order.
Time limit for receipt of tenders
Art. 188. (1) the time limit for receipt of tenders must comply with the volume and complexity of the contract and may not be less than 7 days – for services and supplies, and when the contract is for construction – 15 days from publication of the notice.
(2) the contracting authority shall extend the period referred to in paragraph 1. 1 with at least three days, when in the original time period received less than three offers.
(3) after the expiry of the time limit referred to in paragraph 1. 2, the contracting authority shall examine and evaluate the tenders received regardless of their number.
Clarification
Art. 189. Upon written request made within three days before the expiry of the time limit for the receipt of tenders, the contracting entity shall be required, at the latest on the next working day to published on a buyer profile written explanation on the terms of the contract.
Save orders for solicitation by advertisement
Art. 190. (1) the contracting authorities may apply the procedure referred to in art. 187-189 and for contracts which fall within the scope of the list under art. 12, al. 1, item 1 and whose value requires the award through public competition, when the order is maintained and entrust specialized enterprises or cooperatives of disabled persons or entities whose primary purpose is the social and vocational integration of people with disabilities or people with disabilities.
(2) in the cases referred to in para. 1 player chosen for the contractor must prove that at least 70 percent of his staff is comprised of people with disabilities or disadvantaged and that they will be engaged in the performance of the contract, and that the conditions of art. 12, al. 6.
(3) in the cases referred to in para. 1, the contracting authority shall indicate in the notice that the order is reserved for persons who meet the requirements under paragraph 1. 1 and 2.
An invitation to certain persons
Art. 191. (1) the contracting authorities may not publish the advertisement, and to send an invitation to a certain person or persons, where there is any of the following grounds:
1. it's not received any offer, including an extension of a time limit under art. 188, para. 2 and the original terms of the contract are not modified;
2. the award of the contract to another person is impossible due to the presence of copyright or other intellectual property rights, or of exclusive rights acquired under the law or administrative action, as and when the nature of the supply or service is limited to a specific contractor for reasons that are not attributable to the contracting authority;
3. the immediate award of the contract due to exceptional circumstances and it is not possible the observance of the time limits referred to in art. 188, para. 1; the circumstances which justify the existence of urgency should not be attributable to the contracting authority;
4. the products involved are manufactured purely for the purpose of research, experiment, study or development and are in limited quantity, which prevents the formation of market price or reimbursement of the costs of this action;
5. additional supplies are needed from the same supplier, designed for partial replacement or to increase supplies if switching will force the contracting authority to acquire goods having different technical characteristics which would result in incompatibility or technical difficulties in operation and maintenance;
6. the object of the contract is the supply of a commodity that is traded on the stock exchange, according to the list approved by decision of the Council of Ministers, on a proposal from the Minister of finance;
7. for a very short time the opportunity arises to acquire supplies or services under particularly advantageous conditions and at a price considerably lower than normal market prices.
(2) in the cases referred to in para. 1, item 1, when they received offers from persons other than those indicated in the invitation, the contracting authority shall rank if they meet the stated conditions and correspond to the published technical specifications.
(3) in the cases referred to in para. 1. Contracting authorities shall conclude the Treaty on 6 contract under the rules of respective Exchange.
Selection of contractor
Art. 192. The conditions and procedures for filing, examination and evaluation of the tenders and the selection of contractor shall be determined by the regulation for implementation of the law.
The award of the contract termination
Art. 193. The contracting authority may terminate the contract award to the conclusion of the contract for the award of the contract, by publishing a notice on a buyer profile, in which States and the reasons for the termination.
Conclusion and amendment of contract
Art. 194. (1) the contracting authority shall conclude a contract for a contract with the designated contractor within 30 days of the date of determination of the contractor. In the cases under art. 191, para. 1, item 3 the contract shall be concluded not later than 5 business days from the date of determination of the artist.
(2) the contracting authority may enter into a contract with the next-ranked bidder when the selected artist for the participant refuses to enter into a contract or fails to appear for its conclusion within the time limit set by the contracting authority, indicate the deadline without objective reasons.
(3) in the cases under art. 116, para. 1.6 amendment of the contract is permissible, provided that after the amendment, the total value of the contract does not exceed the thresholds referred to in art. 20, para. 3.
Subsidiary application
Art. 195. The outstanding issue in this chapter shall apply Rossi parts one and two.
PART SIX
ELIMINATION OF INFRINGEMENTS IN PROCEDURES
Chapter twenty-seven
APPEAL PROCEEDINGS
Section I
General
Acts subject to appeal
Art. 196. (1) on an appeal under this chapter is subject to any decision of the contracting procedure for:
1. the award of the contract, including through the conclusion of a framework agreement or a dynamic purchasing system qualification systems;
2. the conclusion of the framework agreement;
3. the establishment of the dynamic purchasing system or qualification systems;
4. design contest.
(2) not subject to the appeal decisions:
1. selection of contractor of public order through internal competitive choice when the total value of contracts awarded under a framework agreement by the contracting entity, is less than or equal to the value of art. 20, para. 3;
2. in the part concerning the reasons for the failure to segregate the subject-matter of the contract of the lots.
(3) the decisions referred to in paragraph 1. 1 be brought before the Commission for protection of competition regarding their legality, including the presence of discriminatory economic, financial, technical or training conditions in the contract notice, the documentation or in any other document relating to the procedure.
(4) on an appeal under this chapter shall be subject to and decisions under art. 175, para. 5.
(5) on an appeal under this chapter shall be subject to and acts or omissions of the contracting authority, which hinder access to or participation of parties in the procedure. Are not subject to separate appeal the actions of a contracting authority for issuing decisions in the Al. 1.
Deadline for submission of complaint
Art. 197. (1) an appeal may be lodged within 10 days from:
1. the expiry of the time limit under art. 100, para. 3 – against the decision to open the procedure and/or the decision to approve the notice of modification or additional information;
2. the expiry of the time limit under art. 100, para. 4 – against the decision on the approval of the invitation to confirm interest and/or the decision to approve the notice of modification or additional information, which approved the changes in the invitation to confirm the interest;
3. expiration of the 5-day period under art. 100, para. 5 – against the decision to open the procedure and/or the decision approving the notice for amending or supplementary information;
4. the expiry of the time limit under art. 179 – against the decision to open the procedure and/or the decision approving the notice for amending or supplementary information;
5. publication of the decisions to hold the negotiated procedures referred to in art. 18, al. 1, item 8 – 10 and 13;
6. receipt of the decision or pre-selection for the completion of the dialogue;
7. the receipt of the decision on the selection of contractor or for termination of the procedure;
8. publication of the notice for voluntary transparency.
(2) the complaint under art. 196, para. 5 shall be filed within 10 days of notification of the relevant action, and if the person is not notified, from the date on which the expiry of the period for carrying out the action.
(3) in the cases referred to in para. 1, item 1 and 6, when the dates of publication of the notices in the ROP and in the official journal of the European Union are different, the time period for an appeal runs from the later date.
Right of appeal
Art. 198. (1) an appeal may be lodged by:
1. any person concerned – in the cases under art. 197, para. 1, item 1 – 5 and 8 and para. (2);
2. every candidate interested in the procedure – in the cases under art. 197, para. 1, 2, 6 and 7 and para. (2);
3. any interested candidate or participant – in the cases under art. 197, para. 1, item 5 and 7 and para. 2.
(2) within the time limit under art. 197, para. 1, item 1 an appeal against the decision of initiation and/or decision for the approval of changes in the terms of the declared procedure may submit and professional associations and organizations in the industry to protect the interests of its members.
(3) an appeal against the decision on the classification of participants in the competition for the project may submit any interested applicant or participant concerned within the time limit under art. 197, para. 1.
Lodging a complaint
Art. 199. (1) the complaint shall be submitted to the Commission for protection of competition with a copy to the contracting authority, whose decision, act or omission under appeal.
(2) the complaint must be written in the Bulgarian language and contain:
1. name of the authority which is to be submitted;
2. the merchant or company name of the legal entity – the applicant, as well as headquarters and the last referred to in the relevant register address and electronic address; Accordingly, the full name and address, telephone, fax and e-mail address, if any, of the applicant – a natural person;
3. name and address of the contracting authority;
4. information about the contract and the decision, act or failure to act under appeal;
5. objections, the grounds and the requests of the appellant;
6. the signature of the person who filed the complaint.
(3) To appeal to the Commission for protection of competition shall apply:
1. a copy of the contested decision, when it is not posted in ROP;
2. evidence of compliance with the time limit under art. 197, para. 1 and 2;
3. a document for paid fee;
4. proof of dispatch of the notice of appeal to the developer;
5. other proof, if the applicant has such.
(4) if the appeal does not comply with the requirements under paragraph 1. 2 and al. 3, items 1-3, the Commission for protection of competition shall notify the applicant and give him three days to rectify the irregularities.
Section II
Commencement of proceedings
Commencement of proceedings
Art. 200. (1) the President of the Commission for protection of competition commenced with the injunction within three days from the date of receipt of the notice of appeal or of the removal of the irregularities. In the order determined Commissioner, who oversees the investigation of the complaint and, if necessary, give instructions. The proceedings have been opened shall be notified to the contracting authority.
(2) the contracting authority shall send its opinion on the complaint, supported by evidence, if necessary, within three days from the date of receipt of the notification under paragraph 1. 1.
(3) following the initiation of proceedings, the President of the Commission for protection of competition by an order determined by the administration staff of the Commission to carry out a study on the appeal.
(4) when the contract requires or contains classified information or object in the areas of Defense and security, employees under para. 3 must have cleared for access to EU classified information up to the appropriate level in accordance with the requirements of the law on the protection of classified information.
Refusal of initiation of proceedings
Art. 201. (1) the President of the Commission for protection of competition does not initiate proceedings when:
1. the appeal is lodged after expiry of the time limit under art. 197, para. 1 and 2;
2. the irregularities are not removed within the time limit under art. 199, para. (4);
3. the complaint is filed before the expiry of the relevant time limit under art. 100, para. 3, 4 or 5 and art. 179, para. 1;
4. the complaint is withdrawn prior to the opening;
5. the Act is not subject to appeal.
(2) in the cases referred to in para. 1 the President of the Commission for protection of competition returns with complaint disposition. The order is subject to appeal to a private complaint before the Panel of the Supreme Administrative Court, within three days of notification.
To be corrected by the contracting authority
Art. 202. The contracting authority may remove the infringement to the receipt of the communication under art. 209, para. 3 for the completion of the study on the appeal of the Commission for protection of competition.
Section III
Temporary measure
The suspension of the procedure
Art. 203. (1) an appeal against a decision, action or inaction of the contracting authority, with the exception of this decision to determine the contractor did not stop the procedure for the award of a public contract, except when it is requested an interim measure "suspension of the procedure".
(2) a request for enforcement of an interim measure shall be made simultaneously with the filing of the complaint. Unable to make a request for enforcement of an interim measure when you appeal against a decision, action or omission of the contractor, related to the procedure under art. 79, para. 1, item 4, art. 138, para. 1, art. 164, para. 1, item 3 or 4, or art. 182, para. 1, item 1.
(3) where a provisional measure has been requested the appeal under para. 1 the procedure for the award of a public contract stops pending the entry into force of:
1. the definition, rejecting the request for the interim measure, or
2. the decision on the appeal, if a provisional measure is imposed.
(4) an appeal against the decision to determine the contractor suspended the award procedure to the final settlement of the dispute, except where allowed provisional enforcement or when the decision was taken in the procedure opened pursuant to art. 79, para. 1, item 4, art. 138, para. 1, art. 164, para. 1, item 3 and 4, or art. 182, para. 1, item 1.
Rule on the request for the interim measure
Art. 204. (1) where the complaint is made a request for enforcement of an interim measure, the Commission for protection of competition act on it in a private session with a reasoned order within 7 days of the opening of proceedings.
(2) the Commission for protection of competition shall decide on the request after consideration of the possible consequences of the imposition of a temporary measure for all interests, which may damage the public interest, including the interests related to defence and security, made on the basis of the allegations in the complaint, the opinion of the contracting authority and the supporting evidence from the parties.
(3) the Commission for protection of competition may not have a temporary measure when the negative effects for all interests, which may impair the usefulness of exceed its imposition.
(4) any such provisional measure is not binding on the Commission for protection of competition in the settlement of the dispute on the merits, and without prejudice to the other requests of the complainant.
(5) the definition of Pará. 1 is subject to review by the Panel of the Supreme Administrative Court within three days from the date of its notification to the parties. The Court shall decide in closed session within 14 days from the initiation of proceedings in a private complaint. For issues relating to the appeal proceedings shall be subject to the provisions of chapter thirteen of the administrative code.
(6) the appeal of the definition for the imposition of a temporary measure does not stop the proceedings before the Commission for protection of competition.
Provisional enforcement of the decision on the selection of contractor
Art. 205. (1) when the appeal decision on the selection of contractor, the contracting authority may, at the time limit for the submission of the opinion referred to in art. 200, para. 2 ask the Commission for protection of competition allowing enforcement of the decision. Request for provisional enforcement, made after this deadline shall not be considered by the Commission for protection of competition.
(2) the contracting authority shall motivate the request referred to in para. 1 and apply evidence to support their claims.
(3) the Commission for protection of competition rules on the application for admission of prior performance with definition in closed session within three days from the date of receipt of the opinion.
(4) the Commission for protection of competition allowed provisional enforcement of the decision on the selection of contractor on an exceptional basis, where this is necessary to ensure that the life or health of citizens, to protect particularly important Government or public interests, including those relating to defence and security, or if a delay of implementation could follow a significant or trudnopopravima injury.
(5) enforcement under para. 4 is not allowed when it is motivated by economic interests, related to the cost of:
1. postponing the execution of the contract;
2. the conduct of a new procedure for the award of the contract.
(6) the Commission for protection of competition allowed provisional enforcement of the decision on the selection of contractor in all cases where it would be seriously jeopardized the implementation of a major programme in the area of defence or security, which is essential to the interests of the country.
(7) the definition of Pará. 3 subject to appeal before the Supreme Administrative Court within three days from the date of its notification to the parties. The Supreme Administrative Court rules on definition of private session within 14 days from the initiation of proceedings in a private complaint.
Stay of proceedings before the Commission for protection of competition
Art. 206. (1) where proceedings against the decision on the selection of contractor and not allowed enforcement Commission for protection of competition officially checked for the presence of pending proceedings against another decision of the contracting authority in accordance with the same procedure.
(2) the Commission for protection of competition proceedings initiated by an appeal against the decision to determine the contractor establishes pending under para. 1.
(3) the proceedings shall be resumed ex officio or at the request of one of the parties if the grounds for the suspension.
Section IV
Proceedings for consideration of the complaint
Study
Art. 207. The examination of the file shall be carried out by designated employees under art. 200, para. 3 and cover the circumstances of the complaint.
Evidence and expert advice in the production
Art. 208. (1) In proceedings before the Commission for protection of competition are permitted, oral and written evidence, including expert opinions. The Commission may rely on information that is publicly available or officially known.
(2) when using expert opinions in proceedings before the Commission for protection of competition amounts to the salaries of experts shall be submitted in advance by the party who has requested the expertise. When appointing the expertise at the initiative of the Commission for protection of competition costs for expert consideration be awarded to the complainant, if the appeal is left without respect or production is discontinued, and the contracting authority – in one of the cases under art. 215, para. 2, item 2 – 6.
(3) all evidence collected in the proceedings may not be divulged if they represent manufacturing, commercial or other secret protected by law. When they shall contain data representing the classified information procedure applies under the law for the protection of classified information.
(4) the parties to the proceedings, the State bodies and officials shall be obliged to assist the Commission on protection of competition in the performance of her assigned duties with the law.
Completion of the survey
Art. 209. (1) after the completion of the study, the team presented to the supervising member of the Commission for protection of competition report, which contains factual and legal analysis of the case, and a proposal for the method of completion of production.
(2) a member of the Parole Commission for protection of competition shall notify the President of the completion of the study. The President of the Commission for protection of competition with a resolution of open session schedule for the examination of the file.
(3) within three days of receipt of the communication of the completion of the study, the parties have the right to acquaint themselves with the collected evidence in the file.
(4) the parties are required to submit all their evidence no later than the day before the meeting on the consideration of the complaint.
Summoning and notification messages
Art. 210. (1) the Parties shall be summoned to the appeal addresses by the deadline for summoning shall be no less than three days before the meeting.
(2) The parties may be served notices and summons, and of those of them electronic address or fax. When the parties do not provide fax or email address to contact or are not found at the address indicated in the application, they are thought to be notified by posting a message in the public register on the official website of the Commission for protection of competition.
(3) the parties may use the defense attorney.
Meetings of the Commission for protection of competition
Art. 211. (1) the meetings are scheduled when you attend at least four of the members of the Commission for protection of competition.
(2) when the contract contains or requires that classified information, including the object in the areas of Defense and security, members of the Commission for protection of competition, which are involved in the examination of the file, you need to have cleared for access to EU classified information up to the appropriate level in accordance with the requirements of the law on the protection of classified information.
(3) a member of the Commission for protection of competition can not participate in the study under this law when it is interested in the outcome, or where there are reasonable doubts about his impartiality. The Member of the Commission for protection of competition are removed in their own motion or at the request of the parties.
(4) the meeting began with the resolution of preliminary questions concerning the regularity of the procedure. Of the parties to the proceedings can ask questions.
(5) when it considers that the circumstances of the complaint are clarified, presiding the meeting provides an opportunity to the parties for submissions.
(6) following clarification of a dispute of fact and legal country – meeting adjourned by the Chairman.
Time limit for pronouncing on the appeal
Art. 212. (1) the Commission for protection of competition shall decide on the appeal within one month of the formation of production procurement value under art. 20, para. 1, and in other cases, within 15 days of the initiation of the proceeding.
(2) the decision together with the reasons shall be established and shall be notified at the latest within 7 days of any such appeal has been determined.
Termination of proceedings by the Commission for protection of competition
Art. 213. (1) the Commission for protection of competition by order terminates:
1. in establishing the inadmissibility of the complaint;
2. If the applicant – a natural person has died or the legal entity is terminated;
3. in the case of withdrawal of the appeal.
(2) the definitions referred to in paragraph 1. 1 shall be subject to appeal in accordance with art. 204, para. 5.
Subsidiary application
Art. 214. For all outstanding questions regarding the appeal procedure before the Commission for protection of competition shall apply the procedure for appeal against individual administrative acts by the administrative code.
Section V
Decisions of the Commission for protection of competition
Rendering decisions
Art. 215. (1) the Commission for protection of competition decisions and provides definitions of open vote and by a majority of 4 votes.
(2) the Commission for protection of competition of the closed session provides a decision:
1. allow the appeal without respect;
2. cancel the illegal decision to open the procedure for the award of a public contract;
3. Annuls decision and returns the file to the continuation of the procedure for the award of the contract by the last lawful decision or action or for termination of the procedure;
4. establish the illegality of the decision and impose the penalties provided for under para. 5 and 6;
5. declare null and void the decision of the contracting authority;
6. cancel the illegal act or illegal omission sets and returns the file to the continuation of the procedure for the award of the contract by the last lawful decision or action or for termination of the procedure;
7. repealed the decision establishes that the contract has been concluded in breach of art. 112, para. 6 or 8, and when it finds a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor.
(3) in the cases referred to in para. 2, item 3 and 6, the Commission for protection of competition can give directions on the course of the procedure for the award of a public contract.
(4) where before or during the proceedings, the contracting authority shall enter into a contract, it shall without delay inform the Commission for protection of competition by sending a copy of the contract.
(5) the Commission for protection of competition establishes the unlawfulness of the decision and the penalty of up to 10 percent of the value of the contract, when made in advance, but in rendering the decision establishes a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor.
(6) When the contract has been concluded in breach of art. 112, para. 6 or 8, but does not establish a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor, the Commission for protection of competition penalty amounting to three percent of the value of the contract.
(7) in the cases referred to in para. 5 and 6, when the value of the contracts is not referred to therein, the specific amount of the penalty imposed by the Commission for protection of competition on the basis of assigned expertise for the expected value of the contract. When you assign a cost of expertise of the expert's remuneration shall be paid by the contracting authority.
(8) the decision of the Commission for protection of competition has in writing and shall contain:
1. date, place of delivery and number;
2. a factual and legal grounds for decreeing him;
3. the decision under appeal, and the name of the authority which issued it;
4. the names, the name of the Parties accordingly;
5. What are States;
6. a burden who is awarded expenses;
7. before any authority and in what period the decision can be appealed.
Appeals against decisions of the Commission for protection of competition before the Supreme Administrative Court
Art. 216. (1) the decision of the Commission for protection of competition shall be subject to appeal before a panel of the Supreme Administrative Court within 14 days of its notification to the parties.
(2) the time limit for removal of baggage on the appeal lodged before the Supreme Administrative Court, is three days from receipt of the communication.
(3) the attendance and service of messages in the file shall be carried out by the procedure of art. 42, para. 1 and 3 of the code of civil procedure.
(4) the Parties shall be summoned to the first meeting not later than three days before the date of the meeting.
(5) the Supreme Administrative Court shall decide within one month of receipt of the appeal and its decision is final.
(6) for the outstanding issues on the appeal proceedings shall be subject to the provisions of chapter twelve of the administrative code.
Section VI
Expenses. Benefits. Payments
Expenses
Art. 217. (1) the Commission for protection of competition rules on responsibility for costs in accordance with the provisions of this chapter and subject to the conditions and by the procedure of art. 143 of the administrative code.
(2) within the time limit for lodging an appeal, and if the solution is neobžalvaemo – within one month of issuance, the Commission for protection of competition at the request of the parties may supplement or amend the decision laid down in part for costs.
(3) the Commission for protection of competition shall notify the opposite party for the requested supplement or modification with an indication of reply within three days.
(4) the definition of the costs shall be laid down in closed session and shall be served on the parties. It can be appealed against in the order in which the decision subject to appeal. When the solution is neobžalvaemo, the definition of cost is final.
Benefits
Art. 218. Any interested person may claim compensation for damage suffered as a result of irregularities in the conduct of proceedings and conclusion of a contract for a contract under the conditions of art. 203, para. 1, art. 204, para. 1, 3 and 4 and article. 205 of the administrative code.
Payment of penalties
Art. 219. The amounts in the enforcement of penalties under art. 215, para. 5 and 6 are to be paid from the budget of the legal persons whose heads are entities – individuals.
State fees
Art. 220. (1) proceedings under this chapter before the Commission for protection of competition and to the Supreme Administrative Court are due State fees and expenses. State fees shall be determined by a tariff approved by the Council of Ministers.
(2) the contracting entities are exempt from payment of State fees.
Chapter twenty-eight
OFFENCES ESTABLISHED BY THE EUROPEAN COMMISSION
Order to identify and remedy of violations
Art. 221. (1) the permanent representation of the Republic of Bulgaria to the European Union forwarded on the date of receipt or, at the latest on the next working day to the administration of the Council of Ministers, the Ministry of Foreign Affairs, the Ministry of finance and public procurement Agency to the notification received from the European Commission, established by her violations of contracting authorities in the conduct of proceedings pending the conclusion of the contract for the award of a public contract.
(2) the Executive Director of the Agency on contracts sending notification under paragraph 1. 1 to the employer that the 5 days of the receipt of the request, submit a response.
(3) reply under para. 2. the contracting entity shall inform the Agency for public contracts and apply relevant evidence when:
1. accept the justified claims of European Commission and eliminate the infringement, or
2. the notification referred to in infringement is already the subject of an appeal.
(4) except in the cases referred to in paragraph 1. 3, when the contracting authority finds that there is no violation, it shall send a reasoned opinion to the public procurement Agency and apply evidence.
(5) the contracting authority shall suspend any action related to the conduct of the procedure or contract for the contract, from the time of receipt of the notification under paragraph 1. 1 until the final resolution of the dispute.
(6) in the cases referred to in para. 4 the Executive Director of the public procurement Agency within 10 days of receipt of the reasoned opinion:
1. filed a complaint with the Commission for protection of competition, where the infringement referred to in the notice referred to in paragraph 1. 1, is the result of an act of the contracting authority;
2. refer the matter to the appropriate national authority where the infringement arises from the application of the legal act which is not in accordance with the law of the European Union.
(7) the authority under para. 6, item 2 in 5 days inform the Agency for public contracts with a reasoned opinion and indicate the appropriate measures if provides such.
(8) the Executive Director of the public procurement Agency draw up a response to the European Commission, which contains:
1. confirmation that the infringement has been rectified – in the cases referred to in para. 3, item 1;
2. information on the availability of appeal proceedings – in cases of offence under para. 3, item 2;
3. information on the measures taken – in the cases referred to in para. 6, item 1 and al. 7.
(9) the answer under para. 8 the evidence annexed to it shall be forwarded to the permanent representation of the Republic of Bulgaria to the European Union, the administration of the Council of Ministers, the Ministry of Foreign Affairs and the Ministry of Finance shall, within 14 days of receipt in the public procurement Agency of the notification under paragraph 1. 1.
(10) the permanent representation of the Republic of Bulgaria to the European Union, the European Commission provides the answer in al. 8 no later than the expiration of 21 days from the date of receipt of the notification under paragraph 1. 1.
Notification
Art. 222. (1) the contracting entities are obliged to inform in writing the Agency on public procurement:
1. the outcome of the appeal in the cases under art. 221, para. 3, item 2 – within 7 days from the entry into force of the decision of the Commission for protection of competition;
2. the procedure for notification under art. 221, para. 1, was cancelled by a final decision and has opened a new procedure relating in whole or in part to the same subject – within three days from the date of initiation of the proceeding.
(2) in the cases referred to in para. 1, the Executive Director of the Agency on public procurement within 7 days of receipt of the notification, notify the Commission by the procedure of art. 221, para. 9.
Exchange of information
Art. 223. the exchange of information under art. 221 and 222 is done electronically with electronic signature or by fax.
Chapter twenty-nine
DESTRUCTION OF THE CONTRACTS OR FRAMEWORK AGREEMENTS
Eligible persons
Art. 224. (1) the Destruction of a contract or a framework agreement in the cases under art. 119 may wish:
1. any interested person — for violation of art. 119, para. 1, item 1 and 2;
2. any person concerned and interested candidate – for violation of art. 119, para. 1, item 3, the letters "a" and "b";
3. interested candidate and/or interested-participant for violation of art. 119, para. 1, item 3 (c).
(2) the Destruction cannot be sought when:
1. There is a final decision of the Commission for protection of competition under art. 215, para. 5;
2. published notice of voluntary transparency according to art. 28 and it entered into force.
Time and order
Art. 225. (1) the Destruction of the contract or framework agreement under art. 119 may be requested within two months of publication of the contract award notice in the ROP, and if it's not published a notice – of becoming aware, but not later than one year from the conclusion.
(2) where the contracting authority has entered into a contract or a framework agreement before the completion of appeal proceedings, the deadline for the request of destruction on the grounds of art. 119, para. 1, item 3 is two months from the entry into force of the decision is repealed appeal does the Act of contracting authority.
(3) the request for the destruction of the contract or of the framework agreement shall be brought in accordance with the civil procedure code.
Effects
Art. 226. When the contract or framework agreement be destroyed, each Party shall return to the other party all I received from her. In the event that this is not possible, the relationships are governed by returning the monetary value of the contract.
PART SEVEN
MANAGEMENT AND CONTROL
Chapter thirty
AUTHORITIES
Carrying out the State policy in the field of public procurement
Art. 227. The Minister of Finance carries out the State policy in the field of public procurement public procurement through the Agency.
Public procurement agency
Art. 228. (1) the public procurement Agency is a legal person the budgetary allowance based in the town. Sofia.
(2) the public procurement Agency is managed and represented by its Executive Director, who shall be appointed by the Minister of finance.
(3) the activities, structure, work organisation and the numerical composition of the Agency on public procurement shall be determined by the rules of procedure adopted by the Council of Ministers.
Powers of Agency
Art. 229. (1) the Executive Director of the Agency on public procurement:
1. develop draft regulations in the field of public procurement;
2. methodological assistance of contracting authorities relating to the implementation of the law, by:
a common issue) methodological guidance on the basis of monitoring and summarize the practice;
(b)) the provision of opinions on queries of entities;
in direct consultations);
3. promotes good practice in procurement, including relating to the application of innovative environmental, social, and other requirements;
4. organizes and manages the process of preparing, drafting and publication of standardized requirements and documents;
5. control through random selection of procedures for the award of public contracts;
6. control of negotiated procedures under art. 18, al. 1, item 8 and 9;
7. supervise contracts awarded on the basis of the exceptions to the scope of the law;
8. control the amendments to the public procurement contracts pursuant to art. 116, para. 1, item 2;
9. refer the matter to the competent authorities for the exercise of follow-up on compliance with the law;
10. appeal to the Commission for protection of competition decisions of contracting authorities, which admitted irregularities in the conduct of the procurement procedure, laid down by the European Commission to the conclusion of the Treaty and specified in the notification under art. 221, para. 1;
11. maintain and manage a single centralized platform for the award of e-procurement and ROP;
12. develop and approve models of documents and rules for use of the centralised platform;
13. ensure the technical possibilities for use in platform under item 11 of the samples of the documents relating to the award of public contracts;
14. monitoring of public procurement on the basis of information published in the ROP, and by collecting and summarizing the practice of application of the law;
15. a monthly newsletter with indicators that characterize the main elements of the market for public procurement;
16. maintain lists of contracting entities under the Act and shall notify the Commission of changes to lists;
17. compile, maintain and update a list of external experts with professional competence relating to the objects of public contracts which the contracting entities may use in the preparation and implementation of procedures for the award of public contracts;
18. maintain and update list under art. 57, al. (4);
19. cooperation in the field of public procurement with other authorities, and with industry and other organizations;
20. provide a summary of the ROP through the website of the Agency for public procurement;
21. participates in the international cooperation of the Republic of Bulgaria, with organisations in the field of public procurement in other countries;
22. to manage the activities of the methodical Council for coordination of control activities;
23. cooperation with the European Commission, including information sent to it, related to:
a) case of application of art. 13, para. 1, item 1, as well as under art. 13, para. 1, item 13 (b) when requested by the European Commission;
(b)) legal or factual problems with the participation of Bulgarian parties in procedures for the award of public service contracts in third countries;
c) legal or factual problems with the participation of Bulgarian parties in procedures for the award of public contracts in third countries which are due to non-compliance with the provisions of international labour law;
24. draw up and send to the European Commission's annual statistical reports, as well as effective definitions of allowed provisional enforcement under art. 205, para. 3 and related decisions under art. 215, para. 5 the Commission for protection of competition;
25. maintain and update the information that is collected and stored in the electronic database of the European Commission (e-Certis) established by the European Commission; upon request, shall provide the other Member States the information in the explanation on e-Certis;
26. at the request of the other Member States provided information related to the application of art. 48, 51, 52, 54-59, art. 64, para. 3 – 7 and art. 72, para. 7;
27. the Minister of Finance shall submit an annual report on the activities of the Agency.
(2) control under para. 1, item 5 – 8 turns out methodological assistance for the legality in the award of public contracts.
(3) the Executive Director of the public procurement Agency is entitled to request the contracting authorities and by the competent authorities or persons with the necessary information relating to the implementation of its powers under this Act, including in relation to the preparation of standardized requirements and documents referred to in paragraph 1. 1, item 4.
(4) persons are required to fulfil the request under para. 3 in the period and in the manner laid down by the Executive Director of the Agency in public procurement.
(5) the models of decisions under art. 22, para. 1, paragraphs 1 and 2, notices that are sent to the ROP, including under art. 29, para. 2, and the information referred to in art. 230, para. 4 shall be approved by the Executive Director of the Agency in public procurement.
(6) on the website of the Agency for public contracts are published:
1. the information referred to in para. 1, item 2 (a), item 16, 17 and 18 and the newsletter under para. 1, item 15;
2. the approved samples under para. 5;
3. the common glossary;
4. other information, determined by the regulation for implementation of the law.
(7) the State Agency experts in public procurement, which are involved in the implementation of policies in the field of public procurement must have educational qualification degree "master".
(8) the conditions and procedures for the issue of standardized requirements and documents referred to in paragraph 1. 1, item 4 and for compiling and maintaining the list under para. 1 item 17 shall be determined by the regulation for implementation of the law.
Obligations of contracting entities
Art. 230. (1) the contracting entities are required to notify the Agency regarding public procurement:
1. any international agreement concluded pursuant to art. 13, para. 1, item 1 and item 13 (b), within 7 days of its conclusion;
2. the subject of the contracts concluded pursuant to art. 15, para. 1, item 1;
3. where applicable, the exception under art. 15, para. 1, item 2;
4. associated or joint venture, the subject and value of the contracts awarded, as well as to provide evidence of fulfilment of the requirements under art. 15, para. 1, item 5 in respect of the contracting entity and the associated or joint venture of entities;
5. the joint venture, the subject and value of the contracts awarded, as well as to provide evidence of fulfilment of the requirements under art. 15, para. 1, item 6 in respect of the contracting authority and the joint venture, in which participated the sectoral employer;
6. food business operators, for which there are circumstances under art. 54, para. 1, item 5 (a) and article. 55, para. 1, item 4 and 5 as well as to present relevant evidence;
7. any acquittal for contracts with a value of art. 20, para. 3, 4, 6 and 7.
(2) contracting authorities shall provide the information referred to in para. 1, item 2-5 after receiving a written request from the Agency for public contracts and within the period specified in it.
(3) the information referred to in para. 1, item 6 shall be drawn up on the model and sent within three days of receipt of evidence of such circumstances.
(4) the information referred to in para. 1, item 7 shall be made in a form and sent by 31 March of each year following the accounting.
Responsibility for the implementation of standardized requirements and documents
Art. 231. (1) the contracting entities are required to implement the standardized requirements and documents under art. 229, para. 1, item 4.
(2) contracting entities may not apply the Al. 1, when it stems from the nature of the contract, but shall be required to identify the written reasons which apply to file under art. 121.
Chapter thirty-first
CONTROL
Section I
External control carried out by the Agency in public procurement
Control through random selection
Art. 232. (1) the controls through random selection is done on the procedures which shall be published in the ROP, with the exception of those carried out by the procedure of art. 148-175 or covered by control under art. 229, para. 1, item 6.
(2) the procedures under paragraph 1. 1 will be determined by random selection methodology that takes into account the level of risk.
(3) under para. 1 shall take place in two stages:
1. prior to the opening of the disclosure procedure – on projects of decision notice, technical specifications, and where the criterion for award is not the lowest price – and on the draft methodology for evaluation;
2. after the opening of the disclosure procedure – on the decision and the notice posted in the ROP, the methodology for the evaluation and the technical specifications.
(4) the technical specifications regarding the verification covers compliance with the requirements of art. 49, para. 2, as well as on compliance with the approved standard specifications, where applicable.
(5) When the opening of the procedure shall be made with prior notice checks at al. 1 covers and the invitation to confirm the interest before or after its transmission to persons, expressed interest.
(6) checks at al. 1 ends after stage 1. 3, item 1 for procedures in which the time limit for receipt of requests to participate and/or offers is shortened:
1. under art. 74, para. 2 or art. 133, para. (2);
2. because of the need for urgent procurement under art. 74, para. 4, art. 75, para. 7, art. 76, para. 6, art. 133, para. 4, art. 134, para. 3, art. 135, para. 3, art. 136, para. 3, art. 137, para. 4 and art. 178, para. 3.
(7) in the event that the contracting authority does not comply with the recommendations in the opinion of the first stage of preliminary control, at the same time as the publication of the ruling in the ROP and the notice of initiation, which disclosed the initiation of the proceeding, it can send written reasons to the public procurement Agency.
(8) the Executive Director of the public procurement Agency may designate observers to follow the work of the Commission under art. 103, when carrying out checks at al. 1 assess the risk of errors and violations as essential.
(9) where the contracting authority does not take into account the findings of the ex ante controls under para. 1, it applies the written reasons to file under art. 121.
(10) public procurement Agency shall forward the opinion of the results of the second phase of the control of the Court of Auditors and the Agency for State financial inspection.
(11) the procedure for carrying out the preliminary controls at al. 1 shall be determined by the regulation for implementation of the law.
Control of negotiated procedures
Art. 233. (1) the public procurement Agency supervises under art. 229, para. 1, item 6 on negotiated procedures that are found by the public and sectoral entities of the grounds under art. 79, para. 1, item 3, 4, 6, 9 and 10 and art. 182, para. 1, item 1, 4 and 5.
(2) under para. 1 covers:
1. the procedures for the award of contracts, whose values are equal to or greater than:
a) 5 0000 0000 EUR – for construction;
b) valuable threshold under art. 20, para. 1, item 1, "b" and "c", item 2, letters "b" and "c" and item 3, letters "b" and "c";
2. the procedures for the award of contracts, whose values are below the thresholds referred to in paragraph 1, identified through random selection as indicated under art. 232, para. 2.
(3) under para. 1 covers the verification of compliance of the proposal with the reasoning in the decision for the opening and the evidence submitted by the contracting authority, and shall take place following publication of the decision opening the procedure in ROP.
(4) the public procurement Agency shall issue an opinion on the results of the inspection, which shall be published in the ROP.
(5) the conditions and procedures for the control of Pará. 1 shall be determined by the regulation for implementation of the law.
Control of certain exemptions from the scope of the law
Art. 234. (1) under art. 229, para. 1, item 7 application covers the exemptions under art. 14, para. 1, item 5 – 8 in the award of public entities contracts, whose value is equal to or greater than the thresholds values in art. 20, para. 1, item 1 and 2.
(2) for the control, the contracting authority shall, before it can sign the sends on the reasons, motives, which require the application of the exception.
(3) control under para. 1 check the conformity of the proposal with reasons and evidence submitted by the contracting authority.
(4) the controls carried out under para. 1 public procurement Agency shall provide an opinion on the legality, which sent to the contracting authority.
(5) the contracting authority shall send for publication in the ROP contract award notice when you conclude a contract on the grounds, subject to control pursuant to para. 1.
(6) where it is posted notice of procurement and public procurement Agency has established unlawful application of the grounds referred to in paragraph 1. 1 opinion shall be forwarded to the Agency for State financial inspection.
(7) the procedure for carrying out checks at al. 1 shall be determined by the regulation for implementation of the law.
When control of procurement contract
Art. 235. (1) under art. 229, para. 1, item 8 covers checking for the existence of the conditions for the application of the grounds under art. 116, para. 1, item 2 in Amendment of contracts with a value equal to or greater than the thresholds values in art. 20, para. 1, item 1 – 3.
(2) for the control, the contracting authority shall, prior to conclude additional agreement, sent on the causes, motives which require amendment and evidence where appropriate.
(3) the controls carried out under para. 1 public procurement Agency shall provide an opinion on the legality, which sent to the contracting authority.
(4) the conditions and procedures for the control of Pará. 1 shall be determined by the regulation for implementation of the law.
Obligations of contracting entities related to the control of procurement
Art. 236. For the control of art. 232-235 contracting entities are required to send to the Agency on public procurement:
1. the projects of the documents referred to in art. 232, para. 3, item 1;
2. the reasoning of the decision – in the cases under art. 233;
3. motives and evidence – in the cases under art. 234 and 235.
Exchange of information
Art. 237. the exchange of information related to implementation of the control of the public procurement Agency, be realized entirely by electronic means in turn, determined by the regulation for implementation of the law, and the rules established by the Executive Director of the Agency in public procurement.
Section II
A posteriori external control carried out by the Court of Auditors and the Agency for State financial inspection
Range
Art. 238. (1) the subsequent external control on the implementation of this law, including monitoring the implementation of the contracts and framework agreements, shall be carried out by the Court of Auditors and by the authorities of the Agency for State financial inspection.
(2) The control by the Court of Auditors shall be subject to contracting entities which fall within the scope of the law on the Court of Auditors.
(3) contracting entities which fall within the scope of the law on State financial inspection shall be checked by the authorities of the Agency for State financial inspection for compliance with this Act within the limits of the financial inspection.
(4) the authorities of the Agency for State financial inspection carried out periodic follow-up checks on compliance with the system of procurement of entities which do not fall within the scope of the law on State financial inspection, on the basis of the approved annual plan.
(5) Orders for checks by the authorities of the Agency for State financial inspection shall be issued by the Director of the Agency for State financial inspection or by authorized by officials.
(6) Orders under para. 5 shall not be subject to appeal.
(7) the Executive Director of the public procurement Agency may request the authorities of the State to implement financial inspection powers in a particular case.
Rules for the inspection of public financial inspection agency
Art. 239. (1) in carrying out the checks referred to in art. 238 bodies of public financial inspection agency shall have the right to:
1. free access to the site;
2. check all the documentation relating to the award of public contracts and to the activities requiring the award of public contracts;
3. to require officials at inspected sites documents, background information and reports in relation to public procurement;
4. to search the premises, means of transport, as well as other sites that store documentation on the subject, and seized documents, computer records and information carriers of computer information data to provide evidence – with the assistance of the Ministry of the Interior after authorisation by the Court.
(2) persons at the sites are required to provide assistance to the authorities of the Agency for State financial inspection and to provide the necessary documents, records and reports related to public procurement.
Obligations in carrying out the checks
Art. 240. In carrying out the checks referred to in art. 238 inspection bodies shall:
1. to identify themselves with a badge and an order to perform the inspection;
2. to reflect the results of the control activities;
3. not to divulge information and not to disclose them, known for carrying out the checks.
Results of the monitoring
Art. 241. (1) the results of the check carried out by the inspection bodies for State financial inspection shall draw up a report containing its findings, supported by evidence.
(2) the report referred to in paragraph 1. 1 shall be served on the contracting authority.
(3) the administrative violations control authorities shall draw up regulations for administrative violations.
(4) in the data about crimes committed of the examination materials shall be sent to the Prosecutor's Office.
(5) when they found violations of procedures for the award of public contracts, the relevant parts of the report on the inspection carried out by financial or report under para. 1 for the infringements established procedures shall be sent promptly to the Director of the Agency in public procurement.
(6) information on the results of the control result in compliance with this law can be provided only by the Director of the Agency for State financial inspection or by officials authorised by him, and by the Executive Director of the Agency in public procurement, in the cases referred to in para. 5.
Interaction between the authorities for appeal and control
Art. 242. where, in the exercise of its powers under the law the authorities under art. 238, para. 1 establish failure of enforceable decisions and/or definitions of the Commission for protection of competition, they send their findings to the Commission for protection of competition.
Section III
Other authorities carrying out external control
Range
Art. 243. A preliminary, current and subsequent control over public procurement contracting entities may conduct and other authorities within the limits of their powers.
Section IV
Management of public procurement for public entities
Internal rules
Art. 244. (1) the contracting authorities adopt internal rules for the management of the procurement cycle, when administering an annual budget including funds provided under the various EU funds and programmes, equal to or greater than $ 5 million. EUR
(2) the minimum content of the rules referred to in paragraph 1. 1 shall be determined by the regulation for implementation of the law.
Administrative security
Art. 245. (1) the Public entities make up internally a specialized unit as part of the Administration, responsible for the management of the procurement cycle, if the following circumstances are simultaneously present:
1. the annual budget, including funds provided under the various funds and programmes of the European Union, is worth more than $ 20 million. BGN;
2. average annual number of procedures carried out for the award of public contracts over the previous three years exceeds 20.
(2) the size and the composition of the unit under para. 1 shall be determined depending on the volume and complexity of the procurement.
Section V
Coordination of supervisory practices
Consistency control
Art. 246. (1) the Board shall be methodical postoânnodejstvaŝ with the participation of the Court of Auditors, the public procurement Agency and the Agency for State financial inspection of the application of the control activities under the Act.
(2) the Council, by al. 1 shall adopt guidelines for the implementation of the preliminary and follow-up under the law, as well as for internal control exercised in organizations.
(3) in the composition of the Council under paragraph 1. 1 shall include experts appointed by the President of the Court of Auditors, the Executive Director of the Agency in public procurement and by the Director of the Agency for State financial inspection.
(4) the Executive Director of the public procurement Agency or an official designated by him shall direct the activities of the Council under paragraph 1. 1 and through public procurement Agency performs the role of the Secretariat of the Council.
(5) the Council, by al. 1 prepare and update the draft guidelines as well as proposals for the abolition of such, in accordance with which the control law. The preparation of the guidelines, their updating or cancellation is carried out at the request of the President of the Court of Auditors, the Executive Director of the Agency on public procurement or the Director of the Agency for State financial inspection.
(6) the guidelines shall be approved by the Court of Auditors, the Executive Director of the Agency in public procurement and by the Director of the Agency for State financial inspection, and then become obligatory for implementation on the implementation of the control powers of the institutions, as well as from internal control units in organizations.
(7) the guidelines are published on the websites of the public procurement Agency, the Court of Auditors and the Agency for State financial inspection.
(8) in the work of the Council under paragraph 1. 1 can attract representatives of other institutions with competences in the field of control of public procurement at their request or on the proposal of the members of the methodical advice.
(9) the work of the Council under paragraph 1. 1 shall be carried out by the rules laid down by the Court of Auditors, the Executive Director of the Agency in public procurement and by the Director of the Agency for State financial inspection.
PART 8.
ADMINISTRATIVE PENAL PROVISIONS
Art. 247. (1) the Employer who violates the prohibition of art. 2, al. 2, art. 16, art. 21, para. 14, 15 or 17 or art. 149, para. 8, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than 10 000.
(2) the punishment under para. 1 and the employer who violates the prohibition under art. 7, para. 3.
Art. 248. The contracting authority which does not fulfil its obligation under art. 14, para. 7, art. 15, para. 6 or art. 149, para. 7, is punishable by a fine in the amount from 1000 up to 5000 EUR
Art. 249. The employer who violates art. 12, al. 3, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than 10 000.
Art. 250. A contracting entity that held the procedure under art. 18, al. 1, item 3 – 10 or 13, without the conditions laid down in the law, is punishable by a fine amounting to 5 percent of the value of the contract and include VAT, but not more than 10 000.
Art. 251. The employer, which determine the technical specification in violation of art. 49, para. 2, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than 10 000.
Art. 252. A contracting entity who violates the prohibition under art. 174, para. 5, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than 10 000.
Art. 253. (1) the contracting authority, who endorsed the methodology for the evaluation of the tenders in violation of art. 70, para. 9 or 10, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than $ 5000.
(2) the punishment under para. 1 and the employer who violates the prohibition under art. 70, para. 12.
Art. 254. A contracting entity that enters into a contract for a public contract in violation of art. 112, para. 1, 2 or 4, is punishable by a fine amounting to 2 percent of the value of the contract and include VAT, but not more than $ 5000.
Art. 255. (1) the Employer who has concluded a framework agreement for a longer period than set out in art. 81, para. 3 or art. 169, para. 2, without the conditions of art. 81, para. 4 or art. 169, para. 3, shall be punished with fine in extend from 1000 up to 5000 EUR
(2) the Employer who enters into a contract for a longer period than set out in art. 113, para. 1, without any of the conditions of art. 113, para. 2 or 3, shall be punished with fine in extend from 1000 up to 5000 EUR
(3) the contracting authority, which amended a contract for a public contract or a framework agreement, without there are grounds under art. 116, para. 1, is punishable by a fine amounting to 1 percent of the value of the contract or framework agreement and include VAT, but not more than 10 000.
(4) the contracting authority, which on the basis of a framework agreement signed an agreement in which conditions are significantly different from those laid down in the framework agreement, is punishable by a fine amounting to 1 percent of the value of the contract and include VAT, but not more than 10 000.
Art. 256. (1) the Employer, who commissioned the contract under more relaxed line than is provided for in the law according to its value, shall be punished with fine in extend 1 per cent of the value of the contract, VAT included, and where there is no written contract – fine is 1 percent of the cost of the undertaking committed, but in any event not more than 10 000.
(2) the Employer who enters into a contract without conducting a procedure for the award of a contract in the presence of grounds for doing so, or fails to comply with the requirement under art. 99, is punishable by a fine amounting to 10 percent of the value of the contract and include VAT, but not more than EUR 50 000.
Art. 257. in the cases under art. 247, 249-256, when referred to in the contract total value or it could not be determined, the amount of the fine is determined on the basis of the funds for the activity provided for in the budget of the contracting authority.
Art. 258. (1) the failure of enforceable decisions and/or definitions of the Commission for protection of competition or of the obligation under art. 208, para. 4 shall be imposed a fine of individuals, respectively, penalty payment of legal entities and sole traders in the amount from 1000 up to 50, 000.
(2) the Commission for protection of competition established the infringement and imposes penalties on al. 1 by a decision subject to appeal before the Supreme Administrative Court.
(3) the penalties and fines came into force the decisions of the Commission for protection of competition are subject to collection by the order of the tax-insurance procedure code.
Art. 259. in the cases under art. 7, para. 1 and 2 penalties under art. 247-256 shall be imposed on the designated official.
Art. 260. (1) the acts for the establishment of offences under this law found by the Court of Auditors shall be drawn up by the Authorised Auditors within six months from the day on which the offender was found, but no later than three years from the infringement.
(2) the penal provisions shall be issued by the President of the Court of Auditors or by officials authorised by him.
(3) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
Art. 261. (1) the acts for the establishment of offences under this law shall be drawn up by officials of the Agency for State financial inspection within 6 months from the day on which the offender was found by authorities of the Agency in carrying out the financial inspection or verification, but no later than three years from the completion of the offence.
(2) the penal provisions shall be issued by the Minister of finance or by officials authorised by him.
(3) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
ADDITIONAL PROVISIONS
§ 1. All amounts in respect of which VAT is applicable, are referred to in law no VAT included.
§ 2. Within the meaning of this law:
1. the "lawyer" is a person within the meaning of art. 3, al. 2 or art. 11 of law attorney and the person acquired the legal right capacity in third countries, where there is a right to exercise legal representation in arbitration or conciliation proceedings or in proceedings under art. 13, para. 1, item 7 (a).
2. "military equipment" is equipment, specially designed or adapted for military purposes and intended for use as weapons, munitions or material.
3. "civil orders" are all the orders that are not referred to in art. 147, para. 1, covering non-military goods and construction, as well as services with logistical purpose, concluded in accordance with the conditions under art. 151.
4. "Public Service Contract" means a contract concluded in writing consideration under the law between one or more Contracting authorities and one or more singers, with subject construction, supply of goods or provision of services.
5. "subcontracting" is rewarded a written contract concluded between the contractor and one or more persons, with the implementation of one or more activities of assigned contract with object construction, delivery of goods or provision of services.
6. "media service provider" means a person referred to in art. 4 of the law on radio and television.
7. "Member State" means any Member State of the European Union, as well as any State party to the agreement on the European economic area.
8. "European technical assessment" is a documented assessment of the performance of the construction product with regard to its essential characteristics, in accordance with the relevant European assessment document as defined in article 2, point 12 of Regulation (EC) No 305/2011 of the European Parliament and of the Council of 9 March 2011 for the establishment of harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OB , L 88/5 by 4 April 2011).
9. "European technical approval" means a favourable technical assessment of the suitability of a product for an intended use, based on fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product and the defined conditions of application and use. European technical approvals are issued by bodies designated by the Member State for this purpose.
10. "electronic means" are the electronic equipment for the processing (including rovo in compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.
11. "life cycle" means all consecutive and/or interconnected stages, including the conduct of r & d, production, commercial activity and conditions for carrying out, transport, use and maintain, throughout the entire period of the existence of the product, or the construction or provision of the service – from raw material acquisition or generation of resources at disposal, cleaning and end of operation or use.
12. Interested candidate is a candidate who is not removed permanently from participation at the stage of preliminary selection, since it was not notified of the removal or appeal of the decision was removed, is not over.
13. "Interested participant" is a participant that is not removed permanently from the procedure. The removal is final when the participant is notified of the decision has been removed, and that decision has entered into force. Interested participant and participant, which is classified, but was not selected for the artist.
14. "person" means any person who has or had an interest in obtaining a particular public contract and who has suffered or may be harmed by the alleged infringement.
15. "Law of the country in which the candidate or tenderer is established" is:
a) for natural persons – national law within the meaning of art. 48 of the code of private international law;
b) for legal persons – the law of the State determined pursuant to art. 56 of the code of private international law;
c) for associations or other entities that are not legal persons – the law of the State in which they are registered or established.
16. Requirements for marking "requirements are requirements which must be met by the construction, goods, services, processes or procedures in order to obtain the CE marking.
17. "exceptional circumstances" means circumstances brought about by unforeseen events, such as the contracting authority, natural disaster, accident or catastrophe, as well as other detrimental immediately endangers or may lead to the subsequent occurrence of danger to life or health, to the environment, to public order, national security, the defence of the country or can significantly hinder or distort the normal performance of normativnoustanoveni activities of the contracting authority.
18. "innovation" is the implementation of a new or significantly improved product, service or process, including, but not limited to, manufacturing or construction processes, a new marketing approach or a new method of organisation of economic activities, workplace or external relations.
19. "the candidate" is the entity that has applied to take part in a restricted procedure, negotiated procedure with the race, agreeing with preliminary call for papers, agreeing with publication of a contract notice, a competitive dialogue, partnership for innovation or participate in limited competition for the project.
20. "classified information" means any information or material regardless of the form, nature or method of transmission, which has a certain level of classification or security and protection which, in the interest of national security and in accordance with the laws, regulations and administrative provisions in force in the Member State concerned require protection against misuse, destruction, removal, disclosure, loss or cognizance by unauthorised persons, or any other type of damage.
21. "conflict of interest" occurs when the contracting authority, his employees or employed by persons outside of its structure, which are involved in the preparation or the award of the contract or may affect the outcome of it, have an interest in, which can lead to benefit within the meaning of art. 2, al. 3 of the law on the prevention and detection of conflicts of interest and for which could be considered to affect their impartiality and independence in relation to the award of a public contract.
22. "crisis" is any situation in a Member State or in a third country, in which the injurious event which in its scale clearly exceed the harmful events of everyday life and which greatly endangers the life and health of people, there are significant effects on property or requires measures to supply the population with basic necessities. There is a crisis and then, when the advent of such injurious event is considered an imminent. Are crises and armed conflict and wars.
23. "Marking" means any document, certificate or a certificate confirming that the works, products, services, processes or procedures meet certain requirements.
24. "research and development" means all activities which cover fundamental research, applied research and experimental development, the latter may include, for example, prototyping devices to demonstrate the achievements of a new concept or new technology in appropriate or a representative environment.
25. "Inadequate offer" e offer that does not meet the technical specifications and the performance requirements of the contract or is filed by a participant who does not meet the selection criteria or for whom there is any of the following grounds for removal procedure.
26. "Inappropriate application of participation" is an application submitted by an applicant who does not meet the selection criteria or for whom there is any of the following grounds for removal procedure.
27. "unforeseen circumstances" means circumstances that arose after the conclusion of the contract, could not have been foreseen when laying the due diligence, are not the result of an act or omission of the parties, but make it impossible the performance on the agreed conditions.
28. "Objectively indivisible parts ' are parts of the subject-matter of the contract which, by its very nature cannot be assigned to more than one performer.
29. "lot" is a part of the subject-matter of the contract, which though it can be a standalone subject, is systematically related to other items of the subject-matter of the contract.
30. "common procurement vocabulary (CPV-Common Procurement Vocabulary) is hierarchically structured nomenclature for classification, divided into sections, groups, classes, categories and subcategories, and applicable to public procurement, in order to harmonise different references used by contracting entities to describe the subject matter of their procedures for the award of public contracts.
31. "common technical specification" means a technical specification in the field of information and communication technologies, drawn up in accordance with art. 13 and 14 of Regulation (EC) no 1025/2012 to the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Directive 89/686/EEC and 93/15/EEC and directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision No 87/ 95/EEC of the Council and decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316/12 of 14 November 2012).
32. "conformity assessment body" means a body that performs conformity assessment activities including calibration, testing, certification and inspection, and is accredited in accordance with Regulation (EC) no 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ , L 218/30 of 13 August 2008).
33. "Written" or "in writing" means any expression consisting of words or figures that can be read, reproduced and subsequently communicated, including information that is transmitted and stored by electronic means.
34. "Subcontractor" is a person who has given consent to execute a certain share of the subject-matter of the contract.
35. "supporting the activities of purchase" are activities that support the purchase, in particular the following forms:
a) technical infrastructure to allow the contracting authorities to award contracts or to conclude framework agreements for works, supplies or services;
(b)) or the conduct consultations on the development of procedures for the award of a public contract;
in the preparation and guidance of) procedures for the award of public contracts in the name and for the account of the contractor.
36. "mail" delivery is addressed in the final form in which it is carried, irrespective of weight. In addition to the Subscriber consignments of these shipments may include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight.
37. "Postal remittance" means services within the meaning of § 1, item 9 of the additional provision of the Act on postal services.
38. "Postal services" means services consisting in the collection, sorting, carriage or delivery of the postal items, whether they fall within the scope of the universal postal service within the meaning of the Act on postal services, or outside its scope.
39. "Government" means any national, regional or local Government of a Member State or a third country.
40. "transmission" means transmission by audiovisual art. 2, al. 3 of the law on radio and television or broadcasting under art. 2, al. 4 of the law on radio and television.
41. "professional competence" is the presence of knowledge obtained through education or additional training, and/or the skills learned in the exercise of a certain title or position in the implementation of employment, business or civil legal relationships.
42. a "public undertaking" is any undertaking over which the public entities under art. 5, al. 2, item 1 – 14 may exercise a dominant influence. A dominant influence on the part of the public contracting authority under art. 5, al. 2, item 1 – 14 is suspected in any of the following cases in which the contracting authority directly or indirectly:
a) holds a majority of the undertaking's subscribed capital;
b) controls a majority of the votes attaching to shares/shares issued by the undertaking;
c) may appoint more than half of the members of the management or supervisory body of an enterprise.
43. "a body governed by public law" is a legal person, for which the following conditions are met:
a) was created with the specific aim to meet the needs in the general interest, not having an industrial or commercial character;
(b)) is funded by more than 50 percent of the State, regional or local authorities or by other bodies governed by public law organisations, or is subject to management supervision by those bodies; or have a management or supervisory body, most of half of the members of which are appointed by the public contracting authority under art. 5, al. 2, s. 1-14.
The needs in the general interest having an industrial or commercial character, where the person is acting under normal market conditions, aims to make a profit, as a stand alone losses from carrying out its activities.
The medical establishment – a company whose capital is at least two-thirds privately owned, funded by more than 50 percent of the State, regional or local authorities or by other bodies governed by public law entities; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory body, most of half of the members of which are appointed by the State, regional or local authorities or by other bodies governed by public law entities, and which has an industrial or commercial character, although to meet needs in the general interest, is not "a body governed by public law" within the meaning and for the purposes of the public procurement Act.
44. "related undertaking" means an undertaking whose annual reports have been consolidated with those of the contracting authority in accordance with the accounting Act, or any undertaking which:
(a)) may be directly or indirectly under the dominant influence on the part of the contracting authority, or
(b)) can exercise a dominant influence over the contracting authority, or
in) along with the contracting entity falls under the dominant influence of another undertaking by reason of ownership, financial participation or the rules which apply to it.
45. "related persons" are those within the meaning of § 1, item 13 and 14 of the additional provisions of the law on public offering of securities.
46. "Specialized enterprises or cooperatives of disabled persons" are those within the meaning of art. 28, para. 1 of the law on integration of people with disabilities or their equivalent under the legislation of a Member State.
47. "special or exclusive rights" mean rights granted by a competent authority under law, regulation or administrative action, by virtue of which remains the pursuit of sectoral activities for one or more entities, which substantially affects the ability of other entities to carry out such activity.
Are "special or exclusive rights" rights that were granted through a procedure in which was provided sufficient publicity, and which have been:
a) submitted in accordance with this law or of the law on concessions, or
(b)) other procedures, legal acts of the European Union Annex No 12, which provide sufficient preliminary transparency for granting authorisations on the basis of objective criteria.
48. ' standard ' means a technical specification adopted by a recognised standardisation body for repeated or continuous application, compliance with which is not compulsory, and which may be:
a) "an international standard – a standard adopted by an international standardisation organisation and made available to the general public;
(b)) "European standard" – a standard adopted by a European standards organisation and made available for public širokata;
in the "national standard") – a standard adopted by a national standards organisation and made available for public širokata.
49. "standard in the area of Defense" is a technical specification, compliance with which is not compulsory and which is approved by a standards organization, specialized in the drafting of technical specifications for repeated or continuous application in the field of defence.
50. "economic operator" means any natural or legal person or entity, or a group of such persons and/or entities which offers on the market the execution of works and/or a work, delivery of goods or provision of services.
51. "Construction" is the result of works or activities in the field of construction, which is sufficient of itself to fulfil an economic or technical function.
52. "joint venture" is an Association of sectoral entities to carry out sectoral activities under art. 123.
53. "technical reference": any score, established by the European standardisation bodies, other than European standards, according to procedures adapted to developments in market needs.
54. "Technical specifications" are:
a) in public works contracts – all of the technical prescriptions contained in particular in the documentation for the contract, defining the characteristics required of a material, goods or supplies so as to comply with the procedure laid down by the contracting authority; These characteristics shall include levels of performance against the requirements for the protection of the environment and climate, design, which meets all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labeling, instructions for use and manufacturing processes and methods at every stage of the life cycle of the works; features include rules for designing and pricing conditions for testing, inspection and acceptance of works and methods or technologies of construction and all other technical conditions which the contracting authority may impose under General or specific regulations in relation to the finished works and materials or parts, included in it;
(b)) in the procurement of supplies or services – in the form of a specification document which define the characteristics required of a product or service, such as levels of quality, level of performance against the requirements for the protection of the environment and climate, design, which meets all requirements (including accessibility for disabled persons) and conformity assessment, performance, application of the product , safety or dimensions, including requirements relevant to the product as regards the name under which it is sold, terminology, symbols, testing and test methods, packaging, marking and labeling, instructions for use, production processes and methods at every stage of the life cycle of the delivery or service and conformity assessment procedures.
55. "third country" means a country which is not a Member State.
56. "management of the system of a single account and fiscal reserve" includes:
a) centralization of funds, receipts and payments through transit accounts and SEBRA and related services, activities, and resource security program pursuant to the law on public finance;
b) liquidity management of the system of a single account and the investment of temporarily free funds in financial instruments in accordance with the law on public finance;
c) managing the assets of the National Fund for ensuring sustainability of the State pension system in accordance with the Act on the State Fund for ensuring the sustainability of the State pension system;
d) other accounts management and assets included in the fiscal reserve.
57. "services than postal services" means services provided in the following areas:
and customer service) services (services both preceding and following dispatch services, including "distribution services");
b) services concerning postal items not covered by paragraph (a), such as direct mailing without marked address.
58. "the conditions for performance of the contract are specified by the contracting authority, specific and objective requirements associated with the process of its implementation, outside the contract award criteria. Contract performance conditions are not subject to a comparative assessment and does not affect the ranking of the tenders.
59. "participant" is the economic operator who has submitted a tender or project or has been invited to participate in the negotiations.
60. "fixed networks for public service" are:
a) transmission and distribution networks within the meaning of the Energy Act – for activities under art. 124 and 125;
(b) water supply system) and sewerage system within the meaning of § 1, para. 1.32 and 33 of the additional provisions of the Water Act – for activities under art. 124.
61. "financial instruments" means financial instruments within the meaning of the law on markets in financial instruments.
62. "people with disabilities" persons within the meaning of art. 2 of Council Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty (OB, L 183/1 of 26 June 2014).
63. a "central purchasing body" is a contracting authority providing centralized purchasing activities and possibly assisting the activities of purchase. For orders in the field of defence and/or security central purchasing body may be the employer who performs the centralized purchasing activities, or a European public authority which:
a) acquires supplies and/or services intended for contracting authorities, or
b) conclude contracts or framework agreements for works, supplies or services intended for contracting entities.
64. "the Centralized purchasing activities" means activities which are carried out consistently in one of the following forms:
a) acquisition of supplies and/or services intended for contracting entities;
(b)) the award of public contracts or the conclusion of the framework agreements for works, supplies or services intended for contracting entities.
65. "sensitive equipment, construction or service" is equipment, construction or service for security purposes, which include, require and/or containing EU classified information.
66. "annual total turnover" is the sum of the net income from sales.
67. "turnover in the area covered by the contract" is an amount equal to the portion of the net revenue from sales realized by activities falling within the scope of the contract.
§ 3. This law shall establish the requirements of:
1. Directive 14/24/EC of the European Parliament and of the Council of 26 February 2014, public contracts and repealing Directive 2004/18/EC (OJ L 94/65 from 28 March 2014);
2. Directive 14/25/EC of the European Parliament and of the Council of 26 February 2014, on the award of contracts by entities operating in the water, energy, transport and postal services and repealing Council Directive 2004/17/EC (OJ L 94/382 of 28 March 2014);
3. directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and public service contracts by contracting authorities or contracting entities in the field of defence and security, and amending directives 2004/17/EC and 2004/18/EC (OJ L 216/76 of 20 August 2009);
4. Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with a view to improving the effectiveness of review procedures to the award of public works contracts (OJ L 335/31 of 20 December 2007);
5. Directive 89/665/EEC of 21 December 1989 on the coordination of laws, regulations and administrative provisions relating to the application of the appeal procedures to the award of public supply and public works;
6. Council Directive 92/13/EEC of 25 February 1992 on the coordination of laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
TRANSITIONAL AND FINAL PROVISIONS
§ 4. This law repealed public procurement Act (official SG. 28 of 2004; amend., 53/2004, no. 31, 34 and 105 by 2005, issue 18, 33, and 37 79 by 2006, issue 59 (2007), no. 94, 98 and 102 by 2008, no. 24 and 82 from 2009, issue 52, 54, 97 , 98 and 99 of the 2010 PCs. 19, 43, 73 and 93 from 2011, issue. 33, 38 and 82 by 2012 PCs. 15 by 2013, PCs. 35 and 40 by 2014 and PCs. 8, 12, 14, 17, 35 and 79 by 2015).
§ 5. In the law on integration of people with disabilities (official SG. 81 of 2004; amend., SG. 28, 88, 94, 103 and 105 by 2005, issue 18, 30, 33, 37, 63, 95, 97 and 108 of 2006, issue 31, 46 and 108 in 2007 and 41/74/2009 24/62, and 98 of 2010. , PC. 15, 66 and 68 in 2013, PCs. 27, 40 and 98 by 2014 and PCs. 14 and 79 by 2015.) art. 30 is repealed.
§ 6. In the trade register Act (official SG. 34 of 2006; amend., 80 and 105/2006, no. 53, 59 and 104 from the 2007 No. 50 and 94 since 2008, 44/2009 No. 101 of 2010 and 34/105 from 2011, 25, 38 and 99 by 2012, 40, from 2014, and 22 , 54 and 95 from 2015) in art. 23, para. 6 the words "under art. 7 of the law on public procurement ' shall be replaced by "referred to in art. 5 of the law on public procurement ".
§ 7. In the commercial law (promulgated, SG. 48 of 1991; amend., no. 25 of 1992, no. 61 and 103 of 1993, 63/1994, no. 63 of 1995, no. 42, 59, 83, 86 and 104 of 1996, 58/100 and 124 of 1997, no. 21, 39, 52, and 70 of 1998 No. 33 , 42, 64, 81, 90, 103 and 114 in 1999, St. 84. Since the year 2000, PCs. 28, 61 and 96 in 2002, PCs. 19, 31 and 58 from 2003, PCs. 31, 39, 42, 43, 66, 103 and 105 of 2005, St. 38, 59, 80 and 105, 2006, issue. 59, 92 and 104 from 2007, PCs. 50, 67, 70, 100 and 108 of 2008, PCs. 12, 18, 32, 47 and 82 from 2009, PCs. 41 and 101 of 2010, PC. 14, 18 and 34 by 2011, issue. 53 and 60 of the 2012 issue. 15 and 20 by 2013. 27 by 2014 and PCs. 22 and 95 from 2015) in paragraph 1 (d) of the supplementary provisions, the words "under art. 7 of the law on public procurement ' shall be replaced by "referred to in art. 5, al. 2-4 of the public procurement Act.
§ 8. In the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009, issue 15, 94, 98 , 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, issue. 26, 38, 40, 82, 94 and 99 by 2012 PCs. 52, 98, 106 and 109 in 2013, PCs. 1 by 2014; Decision No. 2 of the Constitutional Court by 2014 – PCs. 14 by 2014; amend., SG. 18, 40 and 53, 105 by 2014 and PCs. 12, 14, 60, 61 and 94 by 2015.) in art. 87 para. 10 shall be amended as follows:
"(10) in the 5 days of the receipt of the request by the contracting authority under art. 5 of the law on public contracts or by the person who arranges a contract under the public procurement Act, the revenue body shall provide information on the presence or absence of the obligations of the person, with the exception of obligations under the non-runners in force acts, as well as deferred, deferred or collateralised debt obligations. The National Revenue Agency can provide the contracting authorities access to information about the presence or absence of duties of persons. "
§ 9. In the law on Forests (official SG. 19 of 2011; amend., SG. 43 from 2011, issue 38, 60, 82, and 102 from 2012, issue 15, 27, 66 and 109 from 2013, 28, 53, 61 and 98 by 2014 and 60/79 and 100 by 2015) in art. 174, para. 3 the words "and entities" shall be deleted.
§ 10. In the Official Gazette (official SG. 89 of 1995; Corr. 92/1995; amend., SG. 123 of 1997, no. 56 of 1999, issue 1 of 2000, no. 97 of 2001 No. 9 and 42 of 2003, no. 31 of 2005, 36/2006 16/110 and by 2008 and no. 15 by 2013) in art. 7, para. 2, the words "for the award of contracts under the law on public procurement and" are deleted.
§ 11. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47, 53, 54, 60 and 75 by 2012 PCs. 15 and 68 in 2013, PCs. 53 and 107 by 2014 and PCs. 14, 19, 37, 79, 92, 95, 101 and 102 of the 2015) in art. 99, para. the words "under art. 12, al. 1, item 13 "are replaced by" under art. 13, para. 1, item 13.
§ 12. The law on access to public information (promulgated, SG. 55 since 2000; amend., issue 1 and 45 in 2002, 103/2005, no. 24, 30 and 59 from 2006, 49 and 57/2007/104 of 2008, 77/2010 39/from 2011 and issue 97 of 2015) in § 1 , item 4 of the additional provisions everywhere the words "under art. 7, paragraph 1 or 3 "shall be replaced by" referred to in art. 5, al. 2, item 1-14 "and the words" 30 per cent "shall be replaced by" 50% ".
§ 13. In the e-Government Act (promulgated, SG. 46 2007; amended by 82/2009 No. 20 of 2013 and 40 from 2014) § 1, item 11 of the supplementary provisions, the words "under art. 7 ' shall be replaced by "referred to in art. 5, al. 2-4.
§ 14. In the law of municipal property (official SG. 44 of 1996; amend., SG. 104 of 1996 No. 55 of 1997 No. 22 and 93 of 1998, no. 23, 56, 64, 67, 69 and 96 of 1999, no. 26 of 2000 No. 34 of 2001 No. 120 of 2002, no. 101 in 2004. , PC. 29, 30 and 36, 2006, issue. 59, 63 and 92 of 2007, PC. 54, 70 and 100 from 2008, PCs. 10, 17, 19 and 41 of the 2009 PCs. 87 from 2010, PC. 15 and 19 of 2011, issue. 45 and 91 by 2012 PCs. 15 by 2013; Decision No. 6 of the Constitutional Court by 2013 – St. 65 by 2013; amend., SG. 66 and 109 from 2013 and St. 98 and 105 by 2014) in art. 22, para. 3 the second sentence is deleted.
§ 15. In the law on privatisation and post-privatisation control (official SG. 28 of 2002; amended 78/2002, no. 20 and 31 of 2003. Decision No 5 of the Constitutional Court since 2003 – 39/2003; amend., SG. 46 and 84 of 2003 and 55/115 of 2004, no. 28, 39, 88, 94 , 103 and 105 of 2005, St. 36, 53, 72 and 105, 2006, issue. 59 since 2007, PCs. 36, 65, 94, 98 and 110 in 2008, PCs. 24, 42, 82 and 99 from 2009, PCs. 18, 50, 89 and 97 from 2010, PC. 19 and 98 by 2011, issue. 20, 38, 54 and 60 of the 2012 issue. 15, 23, 66 and 68 in 2013, PCs. 98 by 2014 and PCs. 14, 34, 41 and 61 by 2015.) the following modifications are made:
1. Article 5 shall be amended as follows:
"Art. 5. in the case of sale of shares through public offering Agency for privatisation and post-privatisation control or municipal councils shall award the investment firms the preparation and conclusion of privatization deal. "
2. paragraph 8 of the supplementary provisions shall be repealed.
§ 16. In the law on concessions (official SG. 36 of 2006; amend., SG. 53, 65 and 105 of 2006, issue 41, 59 and 109 from 2007, issue 50, 67 and 102 by 2008, issue 47, 99 and 103 of 2009, 52 and 54 of 2010 No. 50 and 73 from 2011 and 45/102 of 2012. , PC. 15, 24 and 66 by 2013, PCs. 98 and 107 by 2014 and PCs. 14 by 2015.) in § 1 of the additional provision that 14 is replaced by the following:
"14." Associated persons "are:
a) relatives without restriction;
b) collateral relatives up to the fourth degree inclusive;
the relatives by marriage) – to the second degree inclusive;
d) spouses or persons who are in fact living together;
e) partners;
It is) any person who is involved in managing the company's application of the other;
g) company and a person who holds more than 5 percent of the shares or the shares issued with voting rights in the company.
Are not related company, whose capital is 100 percent State or municipal property, and a person who exercises the rights of the State, according to the municipality in this company. "
§ 17. In the law on public-private partnership (official SG. 45 by 2012; amend., SG. 87 and 102 from 2012 and 2013 15) made the following changes and additions:
1. In art. 33, para. 1 the words "negotiated procedure with publication of a contract notice" shall be replaced by ' adversarial procedure with negotiation. "
2. In art. 35:
a) paragraph 1 shall be amended as follows:
(1) the notice of procedure for determining the private partner contains the information in part b of annex 4 to the art. 23, para. 5, paragraph 2 (a) of the law on public procurement, where applicable, describe:
1. the object with which the business is carried on in the public interest, and it is stated that the same PPP runs through;
2. all the guarantees laid down in the draft Treaty for PPPs;
3. the maximum amount of payments, as well as other forms of financial support. ";
(b)) in the Al. 3, paragraph 2, the words "article. 25, para. 4 "shall be replaced by" art. 105, para. 1 and 2 ".
3. Article 36 shall be amended as follows:
"Art. 36. (1) for applicants and participants in the proceedings shall apply the requirements of art. 54-65, 67-69 and article. 111 of the Act on public procurement.
(2) the participants submit a tender in accordance with the requirements of the public procurement Act and the regulation for its implementation. Apply to the offer and the financial-economic model for implementing the PPP. "
4. In art. 38:
(a)) in the Al. 1 the second sentence the word "Protocol" shall be replaced by "report" and the words "art. 72 ' shall be replaced by "art. 103, para. 3 ";
(b)) in the Al. 2, item 2, the words "article. 39 ' are replaced by ' art. 110 ";
in) in the Al. 3 the words "art. 74, para. 2 "are replaced by" article. 112, para. 3. "
5. In art. 39, item 1 the words "negotiated procedure with publication of a contract notice" shall be replaced by ' adversarial procedure with negotiation. "
6. In art. 42, para. 1 the words "negotiated procedure with publication of a contract notice" shall be replaced by ' adversarial procedure with negotiation. "
7. In art. 57, al. 1, item 2, the words "article. 47, para. 1, 2 and 5 ' shall be replaced by "art. 54, para. 1 and those referred to in the notice or in the invitation the circumstances under art. 55, para. 1. "
8. In art. 72 the words "chapter eleven" appeal "is replaced by" part six "Removal of infringements in procedures".
§ 18. The award of public contracts, the conclusion of framework agreements and conducting competitions for projects for which the entry into force of this law shall be decided for opening or invitation is published in accordance with Chapter 8 of the revoked law for public contracts, shall be reversed in the current row.
§ 19. Contracts based on a framework agreement concluded prior to the entry into force of this law shall be awarded in accordance with acting at the date of the decision to open the procedure for the conclusion of the framework agreement.
§ 20. Dynamic systems for supply and pre-selection systems created by the entry into force of this Act shall have effect until 30 June 2016.
§ 21. When pending the entry into force of this law shall be lodged before the Commission for protection of competition, according to the Supreme Administrative Court, the appeal proceedings shall be instituted and completes the existing line in.
§ 22. Preliminary control of the documents, the public procurement Agency until the entry into force of this law, shall be carried out in the previous row.
§ 23. For public procurement contracts or framework agreements concluded prior to the entry into force of this law, the provisions of art. 116 and 118.
§ 24. Until the entry into force of art. 39 the outstanding questions regarding the transmission of information on the award of public contracts shall be governed by the regulation for implementation of the law.
§ 25. (1) contracting entities shall establish contact points under art. 245, para. 1 by 31 December 2016.
(2) the administrations of executive power under art. 36 of the law on administration units created within the framework of the procedure set out in the relevant statutes total their headcount.
§ 26. (1) the Council of Ministers shall adopt regulations for the implementation of the law, the Ordinance under art. 13, para. 2 and the tariff referred to in art. 220, para. 1 before 15 April 2016.
(2) within three months of the entry into force of this law the Council of Ministers shall, on a proposal from the Minister of labour and social policy defined by the decision list of goods and services in accordance with the General glossary of art. 12, al. 1, item 1.
§ 27. The Minister of transport, information technology and communications issued the Ordinance under art. 71, para. 5 before 15 April 2016.
§ 28. The Minister of finance and the Minister of transport, information technology and communications issued the Ordinance under art. 40, para. 4 by 1 July 2017.
§ 29. The law shall enter into force on 15 April 2016, with the exception of:
1. Article 39, which shall enter into force on 1 July 2017, in respect of central purchasing bodies – from 1 January 2017;
2. Article 40:
a) paragraph 1 and al. 3, items 1-4 and 10, which shall enter into force from 1 July 2017;
(b)) paragraph 3, item 5-9 coming into force from 1 January 2020;
3. Article 41, para. 1 – on the technical compatibility and connectivity, and al. 2, which shall enter into force from 1 July 2017;
4. Article 59, para. 4, which shall enter into force on 1 July 2018;
5. Article 67:
a) paragraph 4 – concerning the compulsory introduction of EEDOP in electronic form, which shall enter into force on 1 April 2018;
(b)) paragraph 8, paragraph 2, which shall enter into force on 1 June 2018;
6. Article 97, which shall enter into force from 1 January 2017;
7. Article 232, which shall enter into force on 1 September 2016;
8. paragraph 26, para. 1 and § 27, which shall enter into force from the day of promulgation of the law in the Official Gazette.
The law was passed by the National Assembly-43 of 2 February 2016 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
Annex No 1 to art. 3, al. 1, item 1, letter "a"
NACE, Rev. 1 (1)
РАЗДЕЛ Е
CONSTRUCTION
Subdivision
Group
Class
Subject
Notes
45
Construction
This Division includes:
– construction of new buildings and equipment, reconstruction and General Repair work
45000000
45.1
Site preparation
45100000
45.11
Working on the demolition and clearing of buildings; Earth works
This class includes:
-demolition of buildings and other structures;
-clearing of building sites;
– Earth works: excavation, removal of soil, equalization and leveling of working on construction sites, digging ditches, cleaning stones, blasting, etc.;
– preparation of the extraction areas;
– removal of silt and other preparation of areas for mining.
This class also includes:
-drainage of construction site;
-drainage of agricultural lands and forests.
45110000
45.12
Drilling and boring
This class includes:
– drilling, drilling and sampling for construction, geophysical, geological or similar purposes.
This class excludes:
– drilling for oil or gas wells, see. 11.20;
-drilling for water wells, see. 45.25;
– digging of wells, see. 45.25;
– exploration of oil and gas field exploration, geophysical, geological and seismic studies, see. 74.20.
45120000
45.2
Construction of buildings and structures or parts thereof; civil construction
45200000
45.21
Construction of buildings and civil engineering works
This class includes:
-construction of all types of buildings, construction and installation work;
-bridges, viaducts, including viaducts, tunnels and underpasses;
– transmission lines, telecommunications lines and transmission lines;
– urban lines, urban telecommunications lines and transmission lines;
– help urban construction;
– assembling and installation of prefabricated buildings on site.
This class excludes:
– services connected with the extraction of oil and gas, see. 11.20;
45210000
With the exception of:
– 45213316
45220000
45231000
45232000
-installation of complete prefabricated constructions from self-manufactured parts not of concrete, see. divisions 20, 26 and 28;
– construction works, but not buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see. 45.23;
– construction of installations, see. (45.3);
-finishing works, see. 45.4;
-architectural and engineering services, see. 74.20;
– project management services related to construction, see. 74.20.
45.22
Roofing and waterproofing works
This class includes:
– construction of roof structures;
– roof coatings;
– waterproofing works.
45261000
45.23
Construction of motorways, roads, airfields and sport fields
This class includes:
-construction of highways, streets, roads, other transport and walking trails;
-construction of railways;
– construction of airfields;
– construction works, but not buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports facilities;
– work on marking of roads and parking lots.
This class excludes:
– preliminary excavation works, see. 45.11.
45212212 and DA03
45230000
with the exception of:
– 45231000
– 45232000
– 45234115
45.24
Construction of hydraulic structures
This class includes:
– construction of:
– waterways, Harbour and river shore facilities, marinas (marinas), locks, etc.;
-dams and dikes;
– dredging works;
– construction work under water.
45240000
45.25
Other specialized construction works
This class includes:
– construction, specialized in one aspect common to different structures requiring specialized skills or equipment;
– Foundation, including strengthening by piles;
– construction and drilling water wells, digging of wells;
-installation of steel elements – foreign production;
– reinforced concrete pouring;
– masonry work;
– mounting and dismantling of scaffolding and platforms, including renting of scaffolds and platforms;
– building of chimneys and industrial ovens.
This class excludes:
-renting of scaffolds without erection and dismantling, see 71.32 71.32.
45250000
45262000
(45.3)
Construction of installations
45300000
45.31
Construction and erection works of electrical installations
This class includes:
installation in buildings or other construction projects of:
– electrical installations and other electrical systems;
-telecommunications systems;
-electrical heating systems;
– residential antennas and aerials;
-fire alarm systems;
– security systems;
– elevators and escalators;
– Lightning rods, etc.
45213316
45310000
with the exception of:
– 45316000
45.32
Insulation works
This class includes:
-installation in buildings or other construction projects of thermal insulation, sound insulation and vibration isolation.
This class excludes:
– waterproofing, see. 45.22.
45320000
45.33
Plumbing works
This class includes:
-installation in buildings or other construction projects of:
– water-supply and sewerage systems;
-gas installations;
– heating, ventilation, refrigeration or air-conditioning equipment and ducts;
-sprinkler systems.
This class excludes:
– installation of electrical heating systems, see. 45.31.
45330000
45.34
Construction of other facilities
This class includes:
– installation of lighting and signalling systems for roads, railways, airports and ports;
-installation in buildings or other construction projects of other installations.
45234115
45316000
45340000
45.4
Finishing of building works
45400000
45.41
Plastering
This class includes:
-installation in buildings or other construction projects of internal and external plaster or stucco, including related lathing materials.
45410000
45.42
Installation of finishing elements
This class includes:
– installation of doors, Windows, window frames, built-in kitchens, staircases, Interior elements for stores and other similar items made of wood or other materials, not their own production;
– Interior completion such as ceilings, wood panelling, movable partitions, etc.
This class excludes:
– laying of parquet and other wood floor coverings, see 45.43 45.43.
45420000
45.43
Work on laying of floor coverings and wall coverings
This class includes:
– works in buildings or other construction projects of:
-ceramic, concrete or stone flooring and wall coverings;
-parquet and other wood floor coverings carpets and linoleum;
45430000
– including of rubber or plastic;
– Mosaic, marble, or granite slab flooring or wall cladding;
– wallpapers.
45.44
Working on a painting and glazing
This class includes:
– Interior and exterior painting of buildings;
-painting of civil engineering structures;
– work on glazing, mirrors, etc.
This class excludes:
– installation of Windows, see. 45.42.
45440000
45.45
Other building completion and finishing work
This class includes:
– installation of private swimming pools;
– similar activities for building exteriors, sandblasting and buildings;
-other building completion and finishing work.
This class excludes:
-internal cleaning of buildings and other structures, see. 74.70.
45212212 and DA04
45450000
45.5
Renting services of construction machinery and equipment with operator
45500000
45.50
Renting services of construction machinery and equipment with operator
This class excludes:
-rental of construction machinery and equipment without operators, see. 71.32.
45500000
Annex 2 to the art. 11, para. 3
LIST OF SOCIAL SERVICES AND OTHER SPECIFIC SERVICES
Code of the CVP
Description
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 (Intermediary Services of persons to work in the household); 79624000-4 (Intermediary Services of nurses) and 79625000-1 (mediation services in the provision of higher medical personnel) from 85000000-9 to 85323000-9; 98133100-5, 98133000-4, 98200000-5 and 98500000-8 (Private households with employed staff) and from 98513000-2 to 98514000-9 (provision of services for households, providing services through the Agency of temporary staff for households, services of clerical staff for households, providing temporary staff for households, services provided by support staff in households and services provided by persons employed in households)
Services related to health, social and other similar activities
85321000-5 and 85322000-2-6 75,000,000 (services of General Government and defence; compulsory social security services), 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; of the 80 million-4 Educational and training facilities to the 80660000-8; from 92000000-1 to 92700000-8
79950000-8 (Organization of exhibitions, fairs and congresses), 79951000-5 (Organization of seminars), 79952000-2 (services related to the Organization of events), 79952100-3 (Organization of cultural events), 79953000-9 (Organization of festivals), 79954000-6 (Organization of holidays), 79955000-3 (Organization of fashion shows), 79956000-0 (Organization of fairs and exhibitions)
Administrative, social, educational, health and cultural services
75300000-9
Compulsory social security services, except compulsory social security services 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1
Social protection
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3
Other community, social and personal services, including services provided by trade unions, political organizations, youth associations and other membership organizations
98131000-0
Religious facilities
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 (55521000-8 Preparation and delivery of food to households, 55521100-9 food delivery services in their homes ("meals on wheels"), 55521200-0, Services related to the delivery of food)
55520000-1 services on the institutions for the preparation and delivery of meals, 55522000-5 Preparation and delivery of food for transport undertakings, 55523000-2 Preparation and delivery of food for other enterprises and institutions, Making 55524000-9, and the supply of food for the school chairs and buffets
55510000-8 Service of chairs, 55511000-5 Service of chairs and buffets, offering services on a limited range of clients, mainly professional, 55512000-2 facilities management chairs, 55523100-3 food services for school canteens and buffets
Hotel and restaurant services
from 79100000-5 to 79140000-7; 75231100-5;
Legal services, in so far as they are not excluded under art. 13, para. 1, item 7
by 75100000-7 and 75120000-3; 75123000-4; from 75125000-8 to 75131000-3
Other administrative services and services of General Government
from 75200000-8 to 75231000-4
Services to State Government for society as a whole
from 75231210-9 to 75231230-5; by 75240000-0-75252000-7; 794300000-7; 98113100-9
Close services, services for the protection of public safety and emergency services, in so far as they are not excluded under art. 14, para. 1, item 5
from 79700000-1 to 79721000-4 (investigation and security services, security services, security services, security systems services, monitoring services, search services, fugitive recovery services, patrol services, issuing service gaps, investigation services and services related to private investigations) 79722000-1 (grafologiâ services), 79723000-8 (Analysis Services)
Investigation and security services
98900000-2 (services of extraterritorial organizations and bodies) and 98910000-5 (Specific services from international organizations and bodies)
International services
64000000-6 (mail and Telecommunications Services), 64100000-7 (national mail services, courier services), 64110000-0 (national mail services), 64111000-7 (postal services related to newspapers and periodicals), 64112000-4 (postal services related to letters), 64113000-1 (postal services related to parcel post), 64114000-8 (postal services over the counter), 64115000-5 (recruitment of mailboxes), 64116000-2 (services related to mail "to the request"), 64122000-7 (In-house courier services)
Postal services
50116510-9 (installation of tires), 71550000-8 (Forging)
Other services to the population
Annex 3 to the art. 20, para. 1, paragraph 2, point (b)
LIST OF GOODS IN CONNECTION WITH CONTRACTS AWARDED BY PUBLIC CONTRACTING ENTITIES IN THE FIELD OF DEFENCE
Chapter 25:
Salt, sulphur, earths and stone, gypsum, lime and cement
Chapter 26:
Metal ores, slag and cinder
Chapter 27:
Mineral fuels, mineral oils and products of their distillation; bituminous substances, mineral waxes
with the exception of:
ex ex 27.10: special motor fuels
Chapter 28:
Inorganic chemical products; inorganic or organic compounds of precious metals, of radioactive elements, isotopes and rare-earth metals
with the exception of:
ex ex between 28 Sept.: explosives
ex ex 28.13: explosives
ex ex 28.14: tear gas
ex ex 28.28: explosives
ex ex 28.32: explosives
ex ex 28.39: explosives
ex ex 14.62: toxic products
ex ex 28.51: toxic products
ex ex 28.54: explosives
Chapter 29:
Organic chemical products
with the exception of:
ex ex 29.03: explosives
ex ex No 29.04: explosives
07-29: explosives ex ex
08-29 ex ex: explosives
ex ex 29.11: explosives
ex ex 29.12: explosives
ex ex 29.13: toxic products
ex ex 29.14: toxic products
ex ex 29.15: toxic products
ex ex 29.21: toxic products
ex ex 29.22: toxic products
ex ex 29.23: toxic products
ex ex 29.26: explosives
ex ex 29.27: toxic products
ex ex 29.29: explosives
Chapter 30:
Pharmaceutical products
Chapter 31:
Fertilizers
Chapter 32:
Tanning and dyeing extracts, tannins and their derivatives, dyes, pigments and other colouring substances, paints and varnishes, PuTTY, fillers and clamps, inks
Chapter 33:
Essential oils and rezinoidi, perfumery or toilet preparations and cosmetics
Chapter 34:
SOAP, organic surface-active products, washing preparations, lubricating preparations, artificial waxes, wax preparations, preparations for polishing or cleaning, candles and similar articles, modelling pastes and dental waxes
Chapter 35:
Protein substances, glues, enzymes
Chapter 37:
Photographic and cinematographic products
Chapter 38:
Different types of products of the chemical industry
with the exception of:
ex ex 38.19: toxic products
Chapter 39:
Artificial resins and plastics, cellulose esters and ethers, and articles of these materials
with the exception of:
ex ex 39.03: explosives
Chapter 40:
Rubber, synthetic rubber, faktis and articles thereof
with the exception of:
ex ex 40.11: bullet-proof tyres
Chapter 41:
Skins (different from and skins)
Chapter 42:
Leather goods, saddlery items, or nad travel goods, handbags and similar articles of intestine
Chapter 43:
Furskins and clothing from them, artificial fur
Chapter 44:
Timber and timber products, charcoal
Chapter 45:
Cork and articles of Cork
Chapter 46:
Cane and wicker products
Chapter 47:
Paper-making materials
Chapter 48:
Paper and paperboard, articles from cellulosic pulp, paper or paperboard
Chapter 49:
Printed books, newspapers, pictures and other printed works of publishers, the press or the rest of the graphics industry, typescripts and handwritten drawings
Chapter 65:
Hats and caps
Chapter 66:
Umbrellas, sunshades, sunshades, walking sticks, whips, riding crops and parts thereof
Chapter 67:
Dressed feathers and down and articles made of feathers or down, artificial flowers; articles of human hair
Chapter 68:
Articles of stone, plaster, cement, asbestos, mica and similar materials
Chapter 69:
Ceramic products
Chapter 70:
Glass and glass products
Chapter 71:
Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73:
Cast iron, iron and steel and articles thereof
Chapter 74:
Copper and articles thereof
Chapter 75:
Nickel and nickel products
Chapter 76:
Aluminium and articles thereof
Chapter 77:
Magnesium and beryllium and articles thereof magnesium and beryllium
Chapter 78:
Lead and articles thereof
Chapter 79:
Zinc and zinc products
Chapter 80:
Tin and Tin products
Chapter 81:
Other base metals employed in metallurgy and articles thereof
Chapter 82:
Tools, implements, cutlery items and utensils of base metals; parts thereof
with the exception of:
ex ex 82.05: tools
ex ex 82.07: tools, parts
Chapter 83:
Miscellaneous articles of base metal
Chapter 84:
Boilers, machines, apparatus and devices and parts for such machines or apparatus
with the exception of:
ex ex 84.06: engines
ex ex 84.08: other engines
ex ex 84.45: machinery
ex ex 84.53: automatic data processing
ex ex 84.55: parts of machines under heading No 84.53
ex ex 84.59: nuclear reactors
Chapter 85:
Electrical machinery and equipment and parts thereof
with the exception of:
ex ex 85.13: telecommunications equipment
ex ex 85.15: radio and television equipment
Chapter 86:
Vehicles and equipment for railway lines and the like, and parts thereof, mechanical signalling devices for communication routes (without electric power supply)
with the exception of:
ex ex 86.02: armoured locomotives, electric
ex ex 86.03: other armoured locomotives
ex ex 86.05: armoured wagons
ex ex 86.06: repair wagons
ex ex: 86.07
Chapter 87:
Motor vehicles, tractors, motorcycles and bicycles and other land vehicles and their parts and accessories
with the exception of:
ex ex 87.08: tanks and other armoured vehicles
ex: ex 87.01 tractors
ex ex 87.02: military vehicles
ex ex 87.03: cars for technical assistance
ex ex 87.09: motorcycles
ex ex 87.14: trailers
Chapter 89:
Sea and river shipping
with the exception of:
ex ex A 89.01: warships
Chapter 90:
Optical, photographic or cinematographic, measuring, controlling or preciziraŝi instruments and apparatus, medical and surgical instruments and apparatus parts and accessories of such instruments or apparatus
with the exception of:
ex ex 90.05: binoculars
ex ex 90.13: Miscellaneous instruments, lasers
ex ex 90.14: telemetry
ex ex 90.28: electrical and electronic measuring instruments
ex ex 90.11: microscopes
ex ex 90.17: medical instruments
ex ex 90.18: Mechano-therapy appliances
ex ex 90.19: orthopaedic appliances
ex ex 90.20: x-ray apparatus
Chapter 91:
Clocks and watches and parts thereof
Chapter 92:
Musical instruments, apparatus for recording and reproducing apparatus, apparatus for recording and playback of television images and sound, and parts and accessories of such articles
Chapter 94:
Furniture and parts thereof, bedding and other similar except: ex 94.01 A ex: airline seats
Chapter 95:
Processed materials for modelling or carving, articles thereof
Chapter 96:
Brooms, brushes and filters
Chapter 98:
Various types of products
Annex 4 to the art. 23, para. 5, paragraph 2 (a)
NOTICES OF PUBLIC ENTITIES
PART A
INFORMATION RELATED TO PRIOR INFORMATION NOTICES
Section I
Information, which at least should contain prior information notices
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the public entity, and when data differ – the service from which you can obtain additional information.
2. E-mail address or Internet address, which will be offered free unrestricted and full direct access to the documentation for the contract.
When there is unrestricted and full direct access free – an indication of how you can get access to the documentation for the contract.
3. type the public contracting authority and main activity.
4. When appropriate, States that the contracting authority is a central purchasing body or a joint procurement.
5. the CPV codes; in the event that the contract is divided into lots, this information shall be provided for each lot.
6. Code of administrative-territorial unit NUTS for the main location of the works in the case of public contracts for construction or code of administrative-territorial unit NUTS for main place of delivery or performance in public supply and service contracts; in the event that the contract is divided into lots, this information shall be provided for each lot.
7. Short description of the contract: the nature and volume of the construction, the nature and quantity or value of the supplies, the nature and extent of the services.
8. When this notice is not used for the opening of the disclosure procedure – estimated date or dates for the publication of the notice or notices of contract in respect of the contract or contracts referred to in the notice of prior information.
9. date of dispatch of the notice.
10. Vsâkakva another relevant information.
11. Indication whether the procurement is subject to the agreement on government procurement (GPA).
Section II
Additional information that at least must contain notice of prior information, when it is used for the opening of the disclosure procedure
1. Indication of the fakta that interested persons should apply to the public investor interest in the contract or contracts.
2. type of the award procedure (restricted procedures, whether they included a dynamic purchasing system, contracting procedures with racing).
3. where appropriate, indicate:
(a) whether it is) with the aim of creating a framework agreement;
(b) whether it is) with the aim of creating a dynamic purchasing system.
4. in so far as it is now known – schedule for the delivery or provision of the goods, works or services and the duration of the contract.
5. as far as already known, the conditions for participation, including:
a) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons, the persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs;
b) where appropriate, indicate whether the provision of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
c) brief description of the selection criteria.
6. as far as already known – short OPE Sagnier of the criteria that will be used for the award of the contract.
7. in so far as it is now known, the total estimated value of the contract or contracts; in the event that the contract is divided into lots, this information shall be provided for each lot.
8. Deadline for receipt of applications for interest.
9. Address to which messages should be sent for expressions of interest.
10. the language or languages acceptable for submission of requests to participate or tenders.
11. where appropriate, indicate:
and if required)/allow the electronic submission of tenders or requests to participate;
b) will apply if ordering electronically;
in) If you will be using e-invoicing;
(d) whether it will adopt) electronic charge.
12. Information on whether the contract is related to a project and/or programme financed from the resources of the European Union.
13. name and address of the body responsible for appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for appeal procedures or, if necessary – the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
PART B
INFORMATION, WHICH AT LEAST SHOULD CONTAIN THE CONTRACT NOTICE
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the public entity, and when data differ – the service from which you can obtain additional information.
2. E-mail address or Internet address, which will be offered free unrestricted and full direct access to the documentation for the contract.
When there is unrestricted and full direct access free, an indication of how you can get access to the documentation for the contract.
3. type the public contracting authority and main activity.
4. When appropriate, States that the contracting authority is a central purchasing body or that there is a joint procurement.
5. the CPV codes; in the event that the contract is divided into lots, this information shall be provided for each lot.
6. Code of administrative-territorial unit NUTS for the main location of the works in the case of public contracts for construction or code of administrative-territorial unit NUTS for main place of delivery or performance in public supply and service contracts; in the event that the contract is divided into lots, this information shall be provided for each lot.
7. Description of the contract: the nature and volume of the construction, the nature and quantity or value of the supplies, the nature and extent of the services. In the event that the contract is divided into lots, this information shall be provided for each lot. Where appropriate – descriptions of the options.
8. The total estimated value of the contract or contracts; in the event that the contract is divided into lots, this information shall be provided for each lot.
9. Information about whether to allow or prohibit variants.
10. Timetable for the provision or execution of the supplies, works or services and as far as possible the duration of the contract.
a) in the case of a framework agreement shall specify the planned duration of the framework agreement and, where appropriate, the reasons this period shall not exceed four years; to the extent possible, an indication of the value or volume and the frequency of the contracts to be awarded, the number of persons involved and, where appropriate, proposed maximum number of theirs.
b) in the case of dynamic purchasing system shall indicate the planned duration of this system; to the extent possible, an indication of the value or volume and the frequency of the contracts to be awarded.
11. conditions for participation, including:
a) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs;
b) where appropriate, indicate whether the performance of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions; reference to the relevant legislative, regulatory or administrative provision;
in) a list and brief description of the circumstances regarding the personal situation of the person concerned, which could lead to their removal, and the criteria for selection; eventually required a minimum level or levels of standards; an indication of the required information (personal statements, documentation).
12. type of the procedure for the award of a public contract; where appropriate – reasons for use of the accelerated procedure (in the event of open, restricted and negotiated procedures with race).
13. where appropriate, indicate:
(a) whether it is) with the aim of creating a framework agreement;
(b) whether it is) with the aim of creating a dynamic purchasing system is involved;
in) whether an electronic auction will be used (in the event of open, restricted or negotiated procedure competitive).
14. where the contract is to be subdivided into lots, indication of the possibility for participants to submit offers for one, for several or for all positions; indicate any limitation on the number of lots that can be assigned to a participant.
15. in a restricted procedure, negotiated procedure with the race, a competitive dialogue or partnership for innovation, when using the option of reducing the number of candidates who will be invited to submit tenders, and to participate in the negotiations or in the dialogue – the minimum and, where appropriate, proposed maximum number of candidates and objective criteria for the selection of candidates.
16. in the adversarial procedure with bargaining, competitive dialogue or partnership for innovation shall indicate, where appropriate, the fact that used staged procedure in order gradually to reduce the number of tenders to be negotiated, or decisions to be discussed.
17. where appropriate – special conditions applicable to the performance of the contract.
18. The criterion will be applied in the award of the contract or contracts. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price shall be indicators of the most economically advantageous tender as well as their relative weight, when not specified in the descriptive document in the case of a competitive dialogue.
19. the time-limit for receipt of tenders (open procedure) or the requests to participate (in restricted procedures, negotiated procedures with racing, dynamic purchasing systems, competitive dialogue and partnerships for innovation).
20. Address to which to submit tenders or requests to participate.
21. In open procedures:
a) period during which the tenderer must maintain its tender;
b) date, time and place of the opening of tenders;
c) persons who are authorized to attend the opening.
22. the language or languages in which the tenders must be drawn up or requests to participate.
23. where appropriate, indicate:
and whether it will be allowed) the electronic submission of tenders or requests to participate;
b) will apply if ordering electronically;
in) whether electronic invoicing will be accepted;
d) if electronic payment will be used.
24. Information on whether the contract is related to a project and/or programme financed from the resources of the European Union.
25. name and address of the body responsible for appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for appeal procedures or, if necessary – the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
26. date or dates and reference information about previous publications in the official journal of the European Union in connection with the contract or contracts referred to in the notice.
27. in recurring procurement contracts – provisional timetable for the publication of the following notices.
28. date of dispatch of the notice.
29. Indication whether the procurement is covered by the GPA.
30. Vsâkakva another relevant information.
PART C
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF THE AWARD OF THE CONTRACT
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address to a public entity, and when data differ – the service from which you can obtain additional information.
2. type of the public contracting authority and main activity.
3. where appropriate, indicate whether the contracting authority is a central purchasing body, or a joint procurement.
4. CPV codes.
5. Code of administrative-territorial unit NUTS for the main location of the works in the case of public contracts for construction or code of administrative-territorial unit NUTS for main place of delivery or performance in public supply and service contracts.
6. Description of the contract: the nature and volume of the construction, the nature and quantity or value of the supplies, the nature and extent of the services. In the event that the contract is divided into lots, this information shall be provided for each lot. Where appropriate, descriptions of the options.
7. type of the procedure for the award of a public contract; under the negotiated procedure without prior publication of a contract notice – motifs.
8. where appropriate, indicate:
(a) whether it is) with the aim of creating a framework agreement;
(b) whether it is) with the aim of creating a dynamic purchasing system.
9. The criterion that was used for the award of the contract or contracts. Where appropriate, indicate whether a conducted an electronic auction (in the event of an open or restricted procedure or a competitive negotiated procedure).
10. date of conclusion of the contract/contracts or framework agreements framework agreement/after making the decision to award the public contract/procurement or for the conclusion of the agreement.
11. number of tenders received for each contract awarded, including:
(a) the number of tenders), submitted by the participants, which are small and medium-sized enterprises;
(b)) number of tenders submitted by another Member State or from a third country;
in) number of offers received by electronic means.
12. for any given contract – name and address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the winner/winning entrants, including:
(a) if the successful tenderer) info is a small or medium enterprise;
(b) whether the public information ordering) is awarded to the participant Union – the name of the grouping, as well as its members.
13. the value of the winning tender/award of tenders or the highest and lowest offer taken into account in the award of the contract or contracts.
14. where appropriate, the award of a public contract shall indicate the value, and the proportion of the contract which may be subcontracted – third parties.
15. Information on whether the contract is related to a project and/or programme financed from the resources of the European Union.
16. information on the termination of the procedure, where applicable.
17. name and address of the body responsible for appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for appeal procedures or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
18. date or dates and reference information about previous publications in the official journal of the European Union in connection with the contract or contracts referred to in the notice.
19. Date of dispatch of the notice.
20. Vsâkakva another relevant information.
PART D
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF AN AMENDMENT TO THE PROCUREMENT CONTRACT
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the public entity, and when data differ – the service from which you can obtain additional information.
2. the CPV codes.
3. Code of administrative-territorial unit NUTS for the main location of the works in the case of public contracts for construction or code of administrative-territorial unit NUTS for main place of delivery or performance in public supply and service contracts.
4. Description of the contract before and after amendment: nature and extent of the works, the nature and quantity or value of the supplies, the nature and extent of the services.
5. where applicable, the increase in price as a result of the amendment.
6. A description of the circumstances that led to the need for amendment.
7. date of the decision to award the contract.
8. where applicable, the name, address, including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Web address of the new artist/performers.
9. Information on whether the contract is related to a project and/or programme financed from the resources of the European Union.
10. name and address of the body responsible for supervision of the execution of the contract, and your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information on the procedures for appeal or, if necessary – the name, address, telephone number, and address of faksa of poŝa elektronna of service from which can be takava polučena information.
11. date or dates and reference information about previous publications in the official journal of the European Union in connection with the contract or the contracts referred to in the notice.
12. date of dispatch of the notice.
13. Vsâkakva another relevant information.
PART (E)
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF VOLUNTARY TRANSPARENCY
1. the name and details of the contracting authority.
2. Description of the subject-matter of the contract, which the contracting authority intends to conclude.
3. The grounds on which the contract is concluded, and the reasons for its application.
4. name and data for the selected contractor.
PART IS
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF DESIGN CONTEST
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the contracting authority, and when they differ – data for the service from which you can obtain additional information.
2. E-mail address or Internet address, which will be offered free unrestricted and full direct access to the documentation for the contract.
When there is unrestricted and full direct access free, an indication of how you can get access to the documentation for the contract.
3. type the public contracting authority and main activity.
4. where appropriate, indicate whether the contracting authority is a central purchasing body, or is there another form of joint procurement.
5. the CPV codes; in the event that the contract is divided into lots, this information shall be provided for each lot.
6. Description of the main features of the project.
7. Number and value of prizes.
8. type of the design contest (open or restricted).
9. In the event of an open contest – deadline for submission of projects.
10. in a limited design contest: a planned number of participants);
(b)) the names of the participants already selected, if any;
c) criteria for the selection of participants;
d) time limit for receipt of requests to participate.
11. where appropriate, indicate that the participation is limited to a particular profession.
12. the Criteria to be applied in the ocenkata of the projects.
13. Information whether the decision of the jury is binding on the contracting authority.
14. Payments to be made for the benefit of all participants, if they are provided.
15. Information on whether the project will be followed by a public procurement which will be assigned to the winner/winners of the design contest.
16. Date of dispatch of the notice.
17. Vsâkakva another relevant information.
PART G
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF THE RESULTS OF DESIGN CONTEST HELD
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the contracting authority, and when they differ – data for the service from which you can obtain additional information.
2. type of the public contracting authority and main activity.
3. where appropriate, indicate whether the contracting authority is a central purchasing body, or a joint procurement.
4. CPV codes.
5. Description of the main features of the project.
6. Value of prizes.
7. type of the design contest (open or restricted).
8. the criteria that were used in the evaluation of the projects.
9. date of the decision of the jury.
10. number of participants: (a) the number of participants), which are small or medium-sized enterprises;
(b)) number of foreign participants.
11. name and address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the winning/award contest, and indication of whether the winner or winners are small or medium-sized enterprises.
12. Information on whether the project is associated with a project or programme financed from the funds of the European Union.
13. date or dates and reference information about previous publications in the official journal of the European Union in relation to the project or projects referred to in the notice.
14. Date of dispatch of the notice.
15. Vsâkakva another relevant information.
Annex No. 5 to art. 23, para. 5, paragraph 2, point (b)
NOTICES OF SECTORAL ENTITIES
PART A
THE INFORMATION MUST INCLUDE AT LEAST THE PERIODIC INDICATIVE NOTICE
Section I
Information, which is included in all cases
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. E-mail address or Internet address, which will be offered free unrestricted and full direct access to the documentation for the order. When there is unrestricted and full direct access free, an indication of how you can get access to the documentation for the order.
3. the Main activity. Where appropriate, States that sectoral employer is a central purchasing body or a joint procurement.
4. Depending on the subject of public procurement:
a) for supply contracts: nature and quantity or value of the services or goods subject to the order (CPV codes);
(b)) for works contracts: nature and extent of the services provided, General characteristics of the works or of the lots to the works (CPV codes);
in) in the service contracts: intended total order for each of the service categories (CPV codes).
In the event that the contract is divided into lots, this information shall be provided for each lot.
5. Code of administrative-territorial unit NUTS for the main location of the works under construction or code for NUTS for main place of delivery or performance under supplies and services; in the event that the order is divided into lots, this information shall be provided for each lot.
6. The nature and quantity of the goods, the general nature of construction or service category – the object of the contract, and description, stating if framework agreement or agreements envisaged, including any options for further procurement and the estimated timetable for recourse to these options as well as the number of renewals, if any. In recurring contracts, also forecast schedule of follow-up invitations to participate in procedures. Indicate whether the delivery is envisaged through purchase, lease, rental or leasing, or a combination of them.
7. When this notice is not used for disclosure at the opening of the procedure – estimated date for initiating the award procedures of the contract or contracts (if known).
8. date of dispatch of the notice.
9. Vsâkakva another relevant information.
Section II
Additional information that at least must be given when notice is used for the announcement of the opening of the procedure
1. Indication of the fakta that stakeholders need to declare their interest to the contracting authority to por″čkata or orders.
2. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs.
3. the time limit for the receipt of an invitation to tender or to participate in the negotiations.
4. time limit for delivery or completion or duration of service contract and, as far as possible, the starting date.
5. Address to which interested parties send their written messages for expressions of interest.
6. Deadline for receipt of applications for interest.
7. the language or languages acceptable for submission of applications or offers.
8. Economic and technical conditions, and financial and technical guarantees required of suppliers.
9. type of award procedure (restricted procedures, whether they included a dynamic purchasing system or negotiated procedures).
10. where appropriate, the specific conditions applicable to the performance of the contract for the order.
11. where appropriate, indicate whether:
a) will require/allow the electronic submission of tenders or requests to participate;
b) will be applied electronic ordering;
in) you will be using e-invoicing;
d) electronic payment will be accepted.
12. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning time limits for submission of an appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
13. The criterion will be applied in the award of the contract. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price indicators for the "most economically advantageous tender", as well as their weighting or, where appropriate, the order of their importance, when will not appear in the invitation to confirm the interest.
PART B
THE INFORMATION MUST INCLUDE AT LEAST THE CONTRACT NOTICE
A. open procedures
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs.
4. Object of the contract (supplies, works or services; where appropriate, indicate whether a framework agreement represents, or a dynamic purchasing system), description (CPV codes). Where appropriate, indicate whether you want quotes for delivery by purchase, lease, rental or leasing, or a combination of them.
5. Code of administrative-territorial unit NUTS for the main location of the works under construction or code of administrative-territorial unit NUTS for main place of delivery or performance under supplies and services.
6. for supplies and works:
a) nature and quantity of the goods – object of the contract (CPV codes), including any options for further procurement and, if possible, the estimated timetable for recourse to these options as well as the number of renewals, if any; in recurring orders as far as possible – and the provisional timetable of the following invite to participate in procedures for the goods or the nature and scope of the services and the general nature of construction – the subject of an order (CPV codes);
b) indication of whether suppliers can submit offers for some and/or all the goods required.
If orders for construction works or the contract is divided into several lots, they are sorted by value and state the opportunity to submit offers for one, for several or for all positions;
c) for works contracts: information concerning the purpose of the works or of the contract where the latter also involves the preparation of projects.
7. For services:
a) nature and extent of the services – subject of the contract, including any options for further procurement and, if possible, the estimated timetable for recourse to these options as well as the number of renewals, if any; in recurring contracts, if possible, and the provisional timetable of the following invite to participate in procedures for the services – subject of the contract;
b) indication of whether the execution of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
in reference to the) law, regulation or administrative provision;
d) indication of whether legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service;
e) indication of whether service providers may submit a tender for part of the services concerned.
8. Where known, indication of whether authorisation to submit variants.
9. the deadline for delivery or completion or duration of service contract and, as far as possible, the starting date.
10. E-mail address or Internet address, which will be offered free unrestricted and full direct access to the documentation for the order.
When there is unrestricted and full direct access free, an indication of how you can get access to the documentation for the order.
11. Information on the offers:
a) the deadline for the receipt of tenders or initial offers in cases where it has been introduced a dynamic purchasing system;
b) address;
c) language or languages in which it is compiled.
d) where appropriate, the persons who are authorized to attend the opening of tenders;
e) date, time and place of the opening.
12. where applicable, any deposits and guarantees required.
13. Main terms in connection with the financing and payment and/or references to the provisions in them.
14. where appropriate, the requirement for the establishment of a legal entity by a participant that unification was awarded.
15. Minimum economic and technical conditions to be met by the successful tenderer to whom the contract will be awarded.
16. the period within which the participant is bound by his offer.
17. where appropriate, the specific conditions applicable to the performance of the contract.
18. The criterion will be applied in the award of por″čkata. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price shall be indicators of the most economically advantageous tender as well as their weighting or, where appropriate, the order of their importance.
19. where appropriate – date or dates and reference information about previous publications in the official journal of the European Union of the periodic indicative notice.
20. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for lodging appeals, or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of service from which can be takava polučena information.
21. date of dispatch of the notice by the sectoral employer.
22. Vsâkakva another relevant information.
B. restricted procedures
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs.
4. Object of the contract (supplies, works or services; where appropriate, indicate whether a framework agreement represents), description (CPV codes). Where appropriate, indicate whether you want quotes for delivery by purchase, lease, rental or leasing, or a combination of them.
5. Code of administrative-territorial unit NUTS for the main location of the works under construction or code of administrative-territorial unit NUTS for main place of delivery or performance under supplies and services.
6. for supplies and works:
a) nature and quantity of the goods – object of the contract (CPV codes), including any options for further procurement and, if possible, the estimated time available for using these options as well as the number of renewals, if any; in recurring orders as far as possible – and the provisional timetable of the subsequent calls for tender for supplies or nature and scope of the services and the general nature of construction – the subject of an order (CPV codes);
b) indication of whether suppliers can submit offers for some and/or all the required products.
If orders for construction works or the contract is divided into several lots, they are sorted by value and state the opportunity to submit offers for one, several or all positions;
in) with information on the intended use of the building or of the contract where the latter also involves the preparation of projects.
7. For services:
a) nature and extent of the services – subject of the contract, including any options for further procurement and, if possible, the estimated timetable for recourse to these options as well as the number of renewals, if any; in recurring contracts, if possible, and the provisional timetable of the subsequent calls for participation in procedures for the racing services – the subject of the contract;
b) indication of whether the execution of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
in reference to the) law, regulation or administrative provision;
d) indication of whether legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service;
e) indication of whether service providers may submit a tender for part of the services concerned.
8. Where known, indication of whether authorisation to submit variants.
9. the deadline for delivery or completion or duration of the contract and, as far as possible, the starting date.
10. where appropriate, the requirement for the establishment of a legal entity by a participant that unification was awarded.
11. Information concerning applications for participation:
a) deadline for the receipt of requests to participate;
b) address;
c) language or languages in which it is compiled.
12. the deadline for the dispatch of invitations to tender.
13. where applicable, any deposits and guarantees required.
14. General terms and conditions in connection with the financing and payment and/or references to the provisions in them.
15. Information on the current status of the person concerned and the minimum economic and technical conditions to be met.
16. The criterion will be applied in the award of por″čkata. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price shall be indicators of the most economically advantageous tender as well as their weighting or, where appropriate, the order of their importance.
17. where appropriate – special conditions applicable to the performance of the contract.
18. where appropriate – date or dates and reference information about previous publications in the official journal of the European Union of the periodic indicative notice.
19. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
20. date of dispatch of the notice by the sectoral entities.
21. Another important Vsâkakva information.
C. negotiated procedures
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs.
4. Nature of the contract (supplies, works or services; where appropriate, indicate whether a framework agreement represents), description (CPV codes). Where appropriate, indicate whether you want quotes for delivery by purchase, lease, rental or leasing, or a combination of them.
5. Code of administrative-territorial unit NUTS for the main location of the works under construction or code of administrative-territorial unit NUTS for main place of delivery or performance under supplies and services.
6. for supplies and works:
a) nature and quantity of the goods – object of the contract (CPV), including any options for further procurement and, if possible, the estimated timetable for recourse to these options as well as the number of renewals, if any; in recurring orders as far as possible – and the provisional timetable of the subsequent calls for tender for delivery or nature and scope of the services and the general nature of construction – the subject of an order (CPV);
b) indication of whether suppliers can submit offers for some and/or all the required products; If orders for construction works or the contract is divided into several lots, they are sorted by value and state the opportunity to submit offers for one, several or all positions;
c) for works contracts: information concerning the purpose of the works or of the contract where the latter also involves the preparation of projects.
7. For services:
a) nature and quantity of the services – subject of the contract, including any options for further procurement and, if possible, the estimated timetable for recourse to these options as well as the number of renewals, if any; in recurring contracts, if possible, and the provisional timetable of the following invite to participate in procedures for the services – subject of the contract;
b) indication of whether the execution of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
in reference to the) law, regulation or administrative provision;
d) indication of whether legal persons should indicate the names and professional qualifications of the staff responsible for provision of the service;
e) indication of whether service providers may submit a tender for part of the services concerned.
8. Where known, indication of whether authorisation to submit variants.
9. the Deadline for delivery or completion or duration of the contract and, as far as possible, the starting date.
10. where appropriate, the legal form adopted by the Union, which was awarded.
11. Information concerning applications for participation:
a) deadline for the receipt of requests to participate;
b) address;
c) language or languages in which it is compiled.
12. where appropriate – all deposits and guarantees required.
13. Main terms in connection with the financing and payment and/or references to the provisions in them.
14. Information about the current status of the person concerned and the minimum economic and technical conditions to be met.
15. The criterion will be applied in the award of por″čkata. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price shall be indicators of the most economically advantageous tender as well as their weighting or, where appropriate, the order of their importance.
16. Where appropriate,-the names and addresses of the participants already selected by the contracting entity.
17. where appropriate – special conditions applicable to the performance of the contract.
18. where appropriate – dates and reference information about previous publications in the official journal of the European Union of the periodic indicative notice.
19. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning time limits for submission of an appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
20. date of dispatch of the notice by the sectoral employer.
21. Another important Vsâkakva information.
PART C
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF THE AWARD OF THE CONTRACT
Section I
Information for publication in the official journal of the European Union (1)
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. Object of the contract (supplies, works or services with CPV codes; where appropriate, indicate whether a framework agreement represents).
4. at least a summary of the nature and quantity of the goods, works or services, the object of the contract.
5. a) form of the invitation to tender (a notice on the existence of a qualification system notice, periodically call for tenders);
(b) the date or dates) and reference information for the publication of the notice in the official journal of the European Union;
in) in contracts awarded by conducting procedure negotiated procedures without prior call for participation, provide the basis for conducting.
6. the contract award procedure (open, restricted or negotiated).
7. Number of tenders received, stating:
(a) the number of tenders), submitted by the participants, which are small or medium-sized enterprises;
(b)) number of tenders submitted by strange alien actors;
in) number of offers received by electronic means.
When multiple awarded orders (lots, framework agreements with multiple artists) this information is provided for each contract awarded.
8. date of conclusion of the contract/contract or of the framework/framework agreements after making the decision to award the order/orders, or for the conclusion of the agreement.
9. Price paid for bargain purchases pursuant to art. 138, para. 1, item 2.
10. for each contract awarded – name and address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the winner/winning entrants, including:
(a) if the successful tenderer) info is a small or medium enterprise;
(b) whether the order information) is awarded to the participant.
The name of the grouping, as well as its members.
11. where appropriate, State whether the contract is assigned, or may be, subcontracted.
12. The price paid or the prices the lowest and the highest bid, taken into account in the award of the contract.
13. information on the termination of the procedure, where applicable.
14. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning time limits for submission of an appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
15. Optional information:
a) value and part of the order which is subcontracted or can be assigned to any third party;
(b) award criteria).
Section II
Information not intended for publication
1. the number of contracts awarded (in the event that an order is divided between several performers).
2. the value of each of the contracts awarded.
3. country of origin of the good or service (in the community or from the community; if the latter, broken down by third country).
4. which award criteria has been applied?
5. If the contract is awarded to the participant, the proposed option?
6. Have there been removed on the basis of offers abnormally low?
7. date of dispatch of the notice by the sectoral employer.
(1) the information in item 6, 9 and 11 of section 1 is deemed to be information not intended for publication where the awarding entity considers that publication can damage sensitive commercial interest.
PART D
INFORMATION THAT AT LEAST MUST CONTAIN NOTICE OF AN AMENDMENT TO THE PROCUREMENT CONTRACT
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. the CPV codes.
4. Code of administrative-territorial unit NUTS for the main location of the works in the case of public contracts for construction or code of administrative-territorial unit NUTS for main place of delivery or performance in public supply and service contracts.
5. Description of the contract before and after amendment: nature and extent of the works, the nature and quantity or value of the supplies, the nature and extent of the services.
6. where applicable, the increase in price as a result of the amendment.
7. A description of the circumstances that led to the need for amendment.
8. date of the decision to award the contract.
9. where applicable, the name, address, including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Web address to the new contractor.
10. Information on whether the contract is related to a project and/or programme financed from the resources of the European Union.
11. name and address of the body responsible for supervision of the execution of the contract, and your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information on the procedures for appeal or, if necessary, the name, address, telephone number, and address of faksa of poŝa elektronna of service from which can be takava polučena information.
PART (E)
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF VOLUNTARY TRANSPARENCY
1. the name and details of the contracting authority.
2. Description of the subject-matter of the contract, which the contracting authority intends to conclude.
3. The grounds on which the contract is concluded, and the reasons for its application.
4. name and data for the selected contractor.
PART IS
THE INFORMATION MUST INCLUDE AT LEAST THE INVITATION TO DESIGN CONTEST
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. Description of the project (CPV codes).
4. Type of contest – open or restricted.
5. in the case of an open competition – final date for receipt of projects.
6. in a limited competition:
planned number of participants);
b) where applicable, names of already selected participants;
c) criteria for the selection of participants;
d) time limit for receipt of requests to participate.
7. where applicable, indicate whether participation is reserved to a particular profession.
8. the Criteria to be applied in the ocenkata of the projects.
9. Where applicable, names of the selected members of the jury.
10. Indication of whether the decision of the jury is binding on the authority.
11. Where applicable, number and value of prizes.
12. Where applicable, details of payments to all participants.
13. Indicate whether the award-winning fate ration is allowed to be awarded subsequent contracts.
14. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning time limits for submission of an appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
15. date of dispatch of the notice.
16. Vsâkakva another relevant information.
PART G
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF THE RESULTS OF DESIGN CONTEST
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. Description of the project (CPV codes).
4. total number of participants.
5. number of foreign participants.
6. The winner/winners of the contest.
7. where applicable, the prize/prizes.
8. other information.
9. the reference to the notice of the competition for the project.
10. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning time limits for submission of an appeal or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
11. date of dispatch of the notice.
Annex No 6 to art. 23, para. 7, item 2 (a)
INFORMATION ON PUBLIC PROCUREMENT TO SPECIFIC SOCIAL AND OTHER SERVICES TO PUBLIC ENTITIES
PART A
THE INFORMATION MUST INCLUDE AT LEAST THE CONTRACT NOTICE FOR THE SOCIAL AND OTHER SPECIFIC SERVICES
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the public entity.
2. Code of administrative-territorial unit NUTS for the main location of the construction works on works contracts or administrative-territorial unit NUTS for main place of delivery or performance contracts for supplies and services.
3. A brief description of the procurement, the CPV codes.
4. conditions for participation, including:
a) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people or to be implemented in programs for creating secure jobs;
b) where appropriate, indicate whether the performance of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions.
5. Time/deadlines for establishing a relationship with the public employer with regard to participation.
6. Brief description of the main features of the procedure for the award of a public contract, which will be applied.
PART B
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF PRIOR INFORMATION FOR SOCIAL AND OTHER SPECIFIC SERVICES
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the public entity.
2. A brief description of the procurement, including the estimated total value of the contract and the CPV codes.
3. in so far as the already known:
(a)) code of the administrative-territorial unit NUTS for the main location of the construction works on works contracts or administrative-territorial unit NUTS for main place of delivery or performance in the supply and service contracts;
(b) delivery schedule) or the provision of supplies, works or services and term of validity of the contract;
in the conditions of participation), including:
AA) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs;
BB) where appropriate, indicate whether the performance of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
d) brief description of the main features of the procedure for the award of a public contract, which will be applied.
4. Indication of the fakta that interested persons should apply to the public employer interest in por″čkata or orders and deadlines for receipt of notices of confirmation of interest, as well as the address to which messages are transmitted to confirm the interest.
PART C
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF THE PROCUREMENT OF SOCIAL AND OTHER SPECIFIC SERVICES
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the public entity.
2. Short description of the contract, including CPV codes.
3. Code of administrative-territorial unit NUTS for the main location of the construction works on works contracts or administrative-territorial unit NUTS for main place of delivery or performance contracts for supplies and services.
4. Number of tenders received.
5. Price paid or the highest or the lowest price.
6. for any given contract – name and address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the winning participant/participants.
7. Vsâkakva another relevant information.
Annex 7 to the art. 23, para. 7, paragraph 2, point (b)
INFORMATION, WHICH AT LEAST SHOULD CONTAIN NOTICES OF SOCIAL ORDERS AND OTHER SPECIFIC SERVICE CONTRACTS AWARDED BY SECTORAL ENTITIES
PART A
CONTRACT NOTICE
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. Description of the services or categories of services and, where applicable, of the additional construction and supplies, which will be awarded, indicating the quantities or values, and the CPV codes.
4. Code of administrative-territorial unit NUTS for main place of provision of services.
5. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people or to be implemented in programs for creating secure jobs.
6. main conditions which must be fulfilled by the persons concerned with a view to their participation, or, where appropriate, email address where you can obtain detailed information.
7. time limit (deadline) to establish contact with the contracting authority in order to participate.
8. Vsâkakva another relevant information.
PART B
PERIODIC INDICATIVE NOTICE
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the segment sponsor.
2. Short description of the contract, including CPV codes.
3. in so far as the already known:
(a)) code of the administrative-territorial unit NUTS for the main location of the construction works on works contracts or administrative-territorial unit NUTS for main place of delivery or performance under supplies and services;
(b) delivery schedule) or the provision of goods, works or services and the duration of the contract;
in the conditions of participation), including:
AA) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs;
BB) where appropriate, indicate whether the performance of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions;
d) a brief description of the main features of the procedure for the award of the contract, which will be applied.
4. Indication of the fakta that persons concerned must declare their interest to the contracting authority to por″čkata or orders and deadlines for receipt of notices for expressions of interest, as well as the address to which messages are sent for expressions of interest.
PART C
A NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, e-mail address and Internet address of the segment sponsor.
2. Short description of the contract, including CPV codes.
3. in so far as the already known:
(a)) code of the administrative-territorial unit NUTS for the main location of the construction works on works contracts or administrative-territorial unit NUTS for main place of delivery or performance under supplies and services;
(b) delivery schedule) or the provision of supplies, works or services and the duration of the contract;
in the conditions of participation), including:
AA) where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people, or will be implemented in programs for creating secure jobs;
BB) where appropriate, indicate whether the performance of the service is reserved to a particular profession in accordance with the laws, regulations or administrative provisions,
d) a brief description of the main features of the procedure for the award of the contract, which will be applied.
4. Indication of the fakta that persons concerned must declare their interest to the contracting authority to por″čkata or orders and deadlines for receipt of notices for expressions of interest, as well as the address to which messages are sent for expressions of interest.
5. Period of validity of the qualification system and the procedure for its renewal.
PART D
CONTRACT AWARD NOTICE
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the contracting authority, and when they differ – data for the service from which you can obtain additional information.
2. the Main activity.
3. at least a summary of the nature and quantity of the services and, where appropriate, of the additional works and supplies.
4. Reference information about the publication of the notice in the official journal of the European Union.
5. Number of tenders received.
6. name and address of the selected participant or participants.
7. Vsâkakva another relevant information.
Annex 8 to the art. 34, para. 1, item 1
THE CALLS MADE BY THE PUBLIC ENTITIES FOR THE SUBMISSION OF TENDERS, TO PARTICIPATE IN THE DIALOGUE, TO NEGOTIATE OR TO CONFIRM AN INTEREST
Section I
Minimum content of calls made by public entities for the submission of tenders or to participate in the negotiation or dialogue
1. A reference to the published notice.
2. The deadline for the receipt of tenders, the address to which the tenders must be sent and the language or languages in which the tenders must be drawn up.
3. In the case of a competitive dialogue, the date and the address set for the start of consultation and the language or languages to be used.
4. An indication of the documents, including certificates, which must be presented to demonstrate and complementarity referred to in EEDOP circumstances and information.
5. the criteria for the award of por″čkata, and, where appropriate, indicators, assessment and their relative weighting or, where appropriate – these indicators sorted by relevance in descending order, if they are not given in the contract notice, the invitation to confirm the interest, technical specifications or the descriptive document.
In the case of public contracts awarded by means of a competitive dialogue or partnership for innovation, the information referred to in item 2 is displayed in the invitation to tender.
Section II
Minimum content of the calls for confirmation of interest
1. the nature and quantity, including any options for further procurement and, if possible the forecast schedule for use of these options for the renewal of the contracts; the nature and quantity and, where possible, the estimated publication dates of future notices of procedures for racing for works, supplies or services that will be offered for the submission of tenders.
2. Type of procedure: restricted or negotiated procedure with racing.
3. where appropriate, the date formula – of which you need to start or end the pursuit of supplies or the performance of the works or services.
4. If you cannot provide electronic access – address and date krajnata for submission of requests for obtaining the documentation for the contract and the language or languages of which they have to be drawn up.
5. The address of the public entity that will award the contract.
6. Economic and technical conditions, guarantees and information iziskva of the persons concerned.
7. for supply contracts – the means for the acquisition or use of the goods by purchase, lease, rental or finance lease, with or without right of purchase.
8. Criteria for the award of a public contract, the indicators for the evaluation of the tenders, tâhnata weighting or, where appropriate, the order of these indicators meaningfully, if this information is not contained in the notice of prior information, documentation or pokanata for the submission of tenders or to negotiate.
Annex No 9 to article. 34, para. 1, item 2
THE CALLS MADE BY THE SECTORAL ENTITIES FOR THE SUBMISSION OF TENDERS, TO PARTICIPATE IN THE DIALOGUE, TO NEGOTIATE OR TO CONFIRM AN INTEREST
Section I
The minimum content of the invitation to submit a tender, to participate in the dialogue or to negotiate must contain at least:
(a)) the deadline for the receipt of tenders, the address to which they must be sent and the language or languages in which they must be drawn up;
In contracts awarded by competitive dialogue or partnership for innovation, this information shall be included in the invitation to tender.
(b)) in the competitive dialogue, the date and the address set for the start of consultation and the language or languages to be used;
in reference to) published an invitation to tender;
d) an indication of the documents to be applied;
(e)) criteria for the award of the contract where they are not indicated in the notice of the qualification system, which is used for announcing the opening of the procedure;
is the criteria for the award) por″čkata, and when it is appropriate – and indicators for evaluation, their relative weighting or, where appropriate, the order of these criteria, if this information is not contained in the contract notice, the notice on the existence of a qualification system or the documentation.
Section II
Calls for confirmation of interest contain at least slednata information:
a) nature and quantity, including any options for further procurement and, if possible, the estimated time schedule for the use of these options for the renewal of the contracts; nature and quantity and, if possible, the estimated publication dates of future notices of procedures for racing for works, supplies or services that will be offered for the submission of tenders;
b) type of award procedure (restricted or negotiated);
c) where appropriate, the date formula, of which you have to begin or complete implementation of supply or the execution of works or services;
d) unless you can provide electronic access – and address krajnata date for the submission of applications for the documentation for the contract and the language or languages of which they are to be drawn up;
(e) address of employer) segment;
f) economic and technical conditions, financial guarantees and information iziskva of the persons concerned;
(g)) of order form contract that is the subject of pokanata for the submission of tenders: pokupka, finance lease, hire or lease, or a combination of them; and, (h) the criteria for the award) por″čkata, and, where appropriate, indicators and evaluation, tâhnata weighting or, where appropriate – the sequence of these indicators meaningfully, if this information is not given in the indicative notice or the specifications for a pokanata presentation of tenders or to participate in the negotiations.
Annex 10 to the art. 115 LIST of CONVENTIONS in the social field and in the field of the ENVIRONMENT
1. Convention No. 87 for the sindikalnata and the zakrilata svoboda the right to organise, adopted at San Francisco on 17 June 1948 (ratified by Decree – SG. 19 of 1959) (SG. 35 of 1997).
2. Convention No. 98 on right to organize and to collective bargaining, adopted in Geneva on 8 June 1949 (ratified by Decree – SG. 19 of 1959) (SG. 35 of 1997).
3. Convention concerning forced or compulsory labour, adopted at Geneva on 28 June 1930 (ratified by Decree and published – SG. 91 of 1932).
4. Convention No. 105 concerning the abolition of forced labour, adopted at Geneva on 25 June 1957 (ratified by law – SG. 79 since 1998.) (SG. 37 since 2000).
5. Convention No. 138 concerning the age for admission to minimalnata rabota, adopted at Geneva on 26 June 1973 (ratified by Decree – SG. 13 of 1980) (SG. 38 of 1997).
6. Convention No. 111 on diskriminaciâta in oblastta of truda and occupation, adopted at Geneva on 25 June 1958 (ratified by Decree – Leads, 46/1960.) (SG. 35 of 1997).
7. Convention No. 100 on equality in pay, adopted at Geneva on 29 June 1951 (ratified by Decree – Leads, issue 54 of 1955.) (SG. 35 of 1997).
8. Convention No. 182 concerning the zabranata and immediate action for the Elimination of the worst forms of child labour, adopted at Geneva on 17 June 1999 (ratified by law – SG. 54 since 2000.) (SG. 68 since 2001).
9. Vienna Convention for the protection of the ozone layer, signed at Vienna on 22 March 1985 (ratified by Decree – SG. 82 of 1989) (SG. 71 of 1999), and the Montreal Protocol on substances that Deplete the ozone layer signed in Montreal on 16 September 1987 (ratified by Decree – SG. 82 of 1989) (SG. 71 of 1999).
10. the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, signed in Basel on 22 March 1989 (ratified by law – SG. 8 of 1996) (SG. 1 of 1997).
11. the Stockholm Convention on persistent organic pollutants, done at Stockholm on 22 May 2001 (ratified by law – SG. 89 since 2004.) (SG. 34 of 2005).
12. Convention on the prior informed consent procedure under the international trade in certain hazardous chemicals and pesticides, done at Rotterdam on 10 September 1998, and its three regional protocols (ratified by law – SG. 7 of 2000) (official SG. 33/04; amend., SG. 88 by 2005 and no. 21 of 2009).
13. Convention No. 95 for protection of wages, adopted at Geneva on 1 July 1949 (ratified by Decree – Leads, issue 54 of 1955.) (SG. 37 of 1997).
Annex 11 to the art. 71, para. 5
LIFETIME MILEAGE OF ROAD VEHICLES
Category of vehicle (category m and N) according to the definitions of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263/1 of 9 October 2007)
Mileage for the entire service life
Passenger cars (M1)
200 000 km
Light commercial vehicles (N1)
250 000 km
Heavy goods vehicles (N2, N3)
1 000 000 km
Buses (M2, M3)
800 000 km
Annex 12 to the art. 130, para. 3 list of LEGAL ACTS of the EUROPEAN UNION
A. the transmission or distribution of gas or heat
Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211/94 of 14 August 2009)
B. production, transmission or distribution of electricity
Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211/55 of 14 August 2009)
C. production, transmission or distribution of drinking water
[No]
D. contracting entities in the field of rail services
1. Freight rail transport
Directive 2012/34/EC of the European Parliament and of the Council of 21 November 2012 to create a single European railway area (OJ L 343/32 of 14 December 2012)
2. International passenger rail transport
Directive 2012/34/EC of the European Parliament and of the Council of 21 November 2012 to create a single European railway area 3. National passenger rail
[No]
E. contracting entities in the field of urban railways, tram, trolleybus and bus lines
[No]
Contracting entities in the field. the postal service
Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (g). The extraction of oil or gas
Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons h. exploration and extraction of coal and other solid fuels
[No]
And Entities. in the field of equipment for maritime or river ports or other terminals
[No]
C. contracting entities in the field of airport facilities
[No]
Annex 13 to the art. 141, para. 1
THE INFORMATION AT LEAST MUST CONTAIN NOTICE OF QUALIFICATION SYSTEM
1. name, identification number (VAT/TAX ID), address including code of administrative-territorial unit NUTS, telephone and fax number, e-mail address and Internet address of the segment sponsor, and when data differ – the service from which you can obtain additional information.
2. the Main activity.
3. where applicable, indicate whether the contract is only intended for specialized enterprises or cooperatives of disabled persons; for persons whose main goal is the social and vocational integration of people with disabilities or disadvantaged people or to be implemented in programs for creating secure jobs.
4. Purpose of the qualification system (description of the goods, services or works or categories thereof to which will be awarded contracts by the system – CPV codes). Code of administrative-territorial unit NUTS for the main location of the works under construction or code of administrative-territorial unit NUTS for main place of delivery or performance under supplies and services.
5. conditions to be complied with by the parties concerned for their qualification in accordance with the system and methods for checking the implementation of each of these terms. In the event that the description of such conditions and verification methods is voluminous and based on documents available to interested parties, it is sufficient to provide a summary of the main conditions and methods with reference to the relevant documents.
6. Period of validity of the qualification system and for the renewal thereof.
7. An indication of the fact that the notice be used for announcing the opening of the procedure, where applicable.
8. the address to which you can obtain additional information and documentation concerning the qualification system (if different from the addresses under item 1).
9. name and address of your authority, responsible for the appeal and, where appropriate, mediation procedures. Točna information concerning the time-limits for lodging appeals, or, if necessary, the name, address, telephone number, and address of faksa of electronic poŝa of the service from which can be takava polučena information.
10. Criteria which will be applied in the award of the contract. Except in cases in which the most economically advantageous tender shall be determined only on the basis of the price shall be indicators of the most economically advantageous tender as well as their weighting or, where appropriate, the order of their importance, are not mentioned in the specifications or will not be contained in the invitation to tender or to participate in the negotiations.
11. where appropriate, indicate:
and if required)/allow the electronic submission of tenders or requests to participate,
(b) will be applied) if electronic ordering,
in) If you will be using e-invoicing
(d) whether it will adopt) electronic charge.
12. Vsâkakva another relevant information.
Annex 14 to the art. 151
Number of category
Subject
Reference number (s) of "CPV"
1
Services for maintenance and repair
about 50,000,000-5, 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1
2
Foreign military-aid-related services
75211300-1
3
Defence services military-defence facilities and services in the field of civil defence
75220000-4, 75221000-1, 75222000-8
4
Investigation and security services
From 79700000-1 to 79720000-7
5
Land transport
60,000,000-8 from 60100000-9 to 60183000-4 (with the exception of 60160000-7, 60161000-4) and from 64120000-3 to 64121200-2
6
Air transport services: transportation of passengers and goods without transport of mail
60400000-2, 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), 60440000-4-60445000-9, 60500000-3
7
Transport of mail by land and by air
60160000-7, 60161000-4, 60411000-2, 60421000-5
8
Services related to railway transport
By 60200000-0-60220000-6
9
Water transport services
By 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3
10
Additional and auxiliary transport services
By 63100000-0-63111000-0, 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and 63520000-0-6370000-6
11
Telecommunications services
From 64200000-8 to 64228200-2, 72318000-7 and from 72700000-7 to 72720000-3
12
Financial services: insurance services
From 66500000-5 to 66720000-3
13
Services for information technology and related services
By 50310000-1 to 50324200-4, 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 and 72720000-3), 79342410-4, 9342410-4
14
Services, research and development (1) and evaluation tests
From 73000000-2 to 73436000-7
15
Accounting, auditing and accounting
From 79210000-9 to 79212500-8
16
Management consulting services (2) and related services
From 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 and 98362000-8
17
Architectural Services; engineering services and integrated engineering services; urban planning and landscape architecture; related services for scientific and technical advice; services in technical testing and analysis
From 71000000-8 to 71900000-7 (no 71550000-8) and 79994000-8
18
Building-cleaning services and property management services
From 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0
19
Sanitation services and waste disposal services; higienizaciâ services and similar services
From 90400000-1 to 90743200-9 (with the exception of 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0
20
Services related to training and simulation in the field of defence and security
80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8
(1) with the exception of services related to research and development, under art. 144, para. 1, item 11.
(2) arbitration and conciliation services.
Annex 15 to the art. 151
Number of category
Subject
Reference number (s) of "CPV"
21
Hotel and restaurant services
From 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6
22
Additional and auxiliary transport
services
From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), from 63727000-1 to 63727200-3 and 98361000-1
23
Legal services
From 79100000-5 to 79140000-7
24
Services related to recruitment and provision of personnel (1) By 79600000-0-79635000-4 (with the exception of 79611000-0, 79632000-3, 79633000-0) and from 98500000-8 to 98514000-9
25
Social and health services
79611000-0 and from 85000000-9 to 85323000-9 (with the exception of 85321000-5 and 85322000-2)
26
Other services
(1) except employment contracts.
Annex 16 to the art. 156, para. 2
NOTICES OF CONTRACTS IN THE FIELDS OF DEFENCE AND SECURITY
PART A
ADVANCE NOTICE INFORMATIVE
Information, which at least should contain preliminary informative notices:
1. name, address, fax and email address of the contracting authority and, if different, of the service from which you can obtain, where appropriate, additional information, and for service contracts and construction – of the service from which you can obtain information about taxes, environmental protection, employment protection and working conditions applicable where the contract is to be performed.
2. where appropriate, State whether the contract is only intended for specialized enterprises or associations of people with disabilities or limited to protected enterprises, or will be implemented in programs for creating secure jobs.
3. for works contracts: nature and extent of the work, the place of performance; If construction is to be split into several separate positions – the main characteristics of those lots; evaluation of the price range of the planned works, if any; CPV nomenclature reference number.
4. for supply contracts: nature and quantity or value of the goods to be supplied; CPV nomenclature reference number.
5. For service contracts: intended total value for each of the service categories, CPV nomenclature reference number.
6. For service contracts by category: the approximate date for the initiation of procedures for the award of the contract or contracts.
7. If appropriate, indicate whether a framework agreement is involved.
8. where applicable, the other information.
9. date of dispatch of the notice.
PART B
NOTICES OF AN ORDER
Information, which at least should contain notices of orders:
Restricted procedures, negotiated procedures with publication of a contract notice and the competitive dialogue:
1. name, address, telephone and fax number, email address of the contracting authority.
2. where applicable, indicate that it is intended only for specialized enterprises or associations of people with disabilities or limited to protected plants or will be implemented in programs for creating secure jobs.
3. Award procedures chosen.
4. where applicable, the reasons for use of the accelerated procedure (in restricted and negotiated procedures).
5. Where appropriate, indicate whether a framework agreement is involved.
6. where necessary, the holding of an electronic auction.
7. Type of contract.
8. Location of works, place of delivery of goods or provision of services.
9. Depending on the object of the contract:
a) for works contracts:
AA) description, scope and volume of the work, as well as a general description of the work; identify opportunities for additional works and, if known, the provisional timetable for the additional works, as well as the number of possible renewals of the contract, if any; If the order is divided into lots, a description of the individual lots; reference (s) number (s) according to the CPV nomenclature, BB) information about the expected final result from construction or the contract where the latter also involves the drawing-up of projects, BB) in the framework agreement, indication also of the estimated duration of its action, the estimated total value of construction for the duration of the agreement and, as far as possible, the value and the frequency of the contracts which the contracting authority intends to subcontract;
b) supply contracts:
AA) description, quantity or volume of the goods to be delivered, in particular whether tenders are requested for purchase, rental or leasing, financial leasing, with or without the right to purchase, or a combination of these, nomenclature reference number; the quantity of the goods to be supplied, quoting in particular the opportunities for additional purchases and, if known, the provisional timetable for recourse to these options as well as the number of possible renewals; reference/reference number/numbers CPV nomenclature,
BB) in renewable contracts over a period of time and also indicate if known, the timetable for subsequent contracts which the contracting authority intends to subcontract, CC) in the framework agreement, indication also of the planned duration of its action, the estimated total value of the supplies for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts which the contracting authority intends to subcontract;
c) service contracts:
AA) category and description of the service; CPV nomenclature reference number; quantity of services to be provided; indicate in particular the opportunities for additional orders and, if known, the provisional timetable for these additional orders, as well as the number of possible renewals, if any; with renewable contracts for a certain period, indicate also, if known, and the timetable for subsequent contracts which the contracting authority intends to subcontract;
In the case of a framework agreement, indication also of the planned duration of its action, the estimated total value of the services for the duration of the agreement and, as far as possible, the value and the frequency of the contracts, the contracting authority, the contracting authority/intends to award, BB) indication of whether the performance of the service is reserved by virtue of law, regulation or administrative provision to a particular profession;
Reference to the relevant legislative, regulatory or administrative provision, BB) indicate whether participants/applicants should indicate the names and professional qualifications of the staff responsible for the execution of the service.
10. When the contracts are subdivided into lots, indication of the possibility for participants to submit offers for one for all or only some of them.
11. Restriction or prohibition of variants.
12. where applicable, the selection criteria regarding the personal situation of the subcontractors, which may lead to their elimination, as well as the necessary information proving that they do not fall within the cases which are subject to removal. The information and all the necessary formalities for the evaluation of the minimum economic and technical capacity required from subcontractors. Any required minimum level of capacity.
13. time limit for completion of works/supplies/services or duration of the works/supplies/services. As far as possible, the end date for the start of construction or of starting or carrying out of deliveries or the provision of services.
14. where appropriate, particular conditions to be met by the performance of the contract.
15. Information concerning applications for participation:
a) final date for receipt of requests to participate;
b) address to which they must be sent;
c) language or languages in which they must be drawn up.
16. Terms and conditions of financing and payment and/or references to the texts regulating them.
17. When applicable, the requirement for the establishment of a legal person, where the set for the artist, is a grouping of natural and/or legal persons.
18. Selection criteria regarding the personal situation of the participants/applicants, which may lead to their elimination, as well as the required information proving that they do not fall within the cases subject to removal. Selection criteria, information and the necessary formal requirements for the evaluation of the minimum economic and technical capacity, which must hold a participant/candidate. Any required minimum level of this capacity in its various aspects.
19. For framework agreements: the number and, where applicable, the maximum number of participants, which are scheduled to take part in them, provided for the period of its operation.
20. In the case of a competitive dialogue or a negotiated procedure with publication of a contract notice, indicate, if applicable, the use of a staged procedure in order to reduce gradually the number of solutions to be discussed or of tenders to be negotiated.
21. In the case of a restricted procedure, the negotiated procedure or a competitive dialogue, when used the opportunity to reduce the number of candidates invited to submit a tender, to participate in the dialogue or to negotiate: minimum and, if appropriate, the estimated maximum number of candidates and objective criteria to be applied for the selection of the number of candidates.
22. The criterion will be applied in the award of the contract: the indicators determining the most economically advantageous tender as well as their relative weight, or indicators, arranged in descending order of importance, shall be mentioned where they do not appear in the specifications or, in the case of a competitive dialogue, in the descriptive document.
23. where applicable, date (s) of publication of the prior informative notice or statement that no such publication was made.
24. date of dispatch of the notice.
PART C
CONTRACT AWARD NOTICE
Information that at least must contain notice of contracts:
1. name and address of the contracting authority.
Selected procedure for the award of the contract. Under the negotiated procedure without publication of a contract notice – motifs.
2. Depending on the object of the contract:
a) in works contracts: nature and extent of the services;
(b)) for supply contracts: description and quantity of goods supplied, where applicable, disaggregated by suppliers; CPV nomenclature reference number;
in) in services contracts: category of service and description; CPV nomenclature reference number; quantity of purchased services.
3. date of award of the contract.
4. Criteria for award of the contract.
5. Number of tenders received.
6. name and address of the successful economic operators.
7. Price paid or the highest or the lowest price.
8. the Value of the approved/accepted bid/offers or the highest and lowest offer taken into account in the award of the contract.
9. If applicable, the portion of the contract will be awarded to subcontractors, as well as its value.
10. If appropriate, the reasons which justify a framework agreement with a term of more than seven years.
11. information on the termination of the procedure, where applicable.
12. Date of publication of the contract notice.
13. date of dispatch of this notice.
PART D
Notices of voluntary transparency should contain at least the following information:
1. the name and details of the contracting authority.
2. Description of the subject-matter of the contract, which the contracting authority intends to conclude.
3. The grounds on which the contract is concluded, and the reasons for its application.
4. name and data for the selected contractor.
Annex 17 to the art. 167, para. 2 invitations to TENDER, to participate in the NEGOTIATION or DIALOGUE
Minimum content of the calls:
1. the e-mail address or Internet address, which will be offered free unrestricted and full direct access to the contract documents or of the descriptive document and any supporting documents, or the name or address of the service from which you may obtain these documents.
When there is unrestricted and full direct access free, an indication of how you can get access to the documentation for the contract.
2. details of the service from which you can obtain additional information.
3. A reference to the published contract notice.
4. The deadline for the receipt of tenders, the address to which tenders must be submitted, and the language or languages in which the tenders must be drawn up. In the case of the competitive dialogue procedure, this information is contained in the invitation to tender.
5. in the case of competitive dialogue the date and the address set for the start of the consultations, the language or languages to be used.
6. An indication of the documents, including certificates, which must be presented to demonstrate and complementarity referred to in EEDOP circumstances and information.
7. Criteria for the award of a por″čkata, and when it is appropriate – and indicators for evaluation and their relative weighting or, where appropriate – these indicators sorted by relevance in descending order, if they are not given in the contract notice, contract documents or in the descriptive document.
Annex 18 to the art. 175, para. 2
INFORMATION, WHICH AT LEAST SHOULD CONTAIN NOTICES FOR SUBCONTRACT ORDERS
1. name, address, fax number and e-mail address of the successful tenderer and the order of the Office, if they differ from which you can obtain further information.
2. Location of works, place of delivery of goods or provision of services.
3. the Description, quantity, range and volume of construction, as well as a general description of the work; reference/reference number/CPV nomenclature number.
4. Description of the goods to be supplied, indicating whether you require tenders for purchase, hire, finance lease or lease with or without the right to purchase, or any combination thereof, reference/reference number/CPV nomenclature number.
5. Category and description of the service; reference/reference number/CPV nomenclature number.
6. Any time limit for completion of the construction.
7. name and address of the body, which can be refined the specifications and the additional documents:
(a)) period for the receipt of applications to participate and/or the receipt of tenders;
b) address to which they must be sent;
c) language (s) in which they must be written.
8. deposits or guarantees Required.
9. Objective criteria which will be applied for the selection of subcontractors in connection with their personal situation or the evaluation of their bid.
10. other information.
11. date of dispatch of the notice.
Annex 19 to art. 178, para. 1 information which at least MUST CONTAIN NOTICE of PUBLIC COMPETITION
1. name and address of the contracting authority.
2. Object of the contract, the estimated cost and funding source.
3. A brief description of the subject-matter of the contract and, where applicable, and the quantity or volume.
4. information on the lots, where applicable.
5. requirements for the personal situation of the participants.
6. selection criteria relating to suitability to pursue the professional activities, economic and financial standing and technical and professional abilities.
7. Award criteria and, where applicable, and indicators for the evaluation of the tenders.
8. Further information and other requirements for the performance of the contract, where applicable.
9. Deadline for the submission and receipt of tenders.
10. Date, time and place of such opening.
11. Separate positions.
12. the body responsible for appeal procedures.
Annex 20 to the art. 187, para. 1
INFORMATION, WHICH AT LEAST SHOULD CONTAIN THE ADVERT
1. the name of the contracting entity.
2. Subject, object and a brief description of the contract.
3. conditions to meet the participants, including the requirements for financial and economic conditions, technical capabilities and qualifications, when applicable.
4. time limit for submission of tenders.
5. the period of validity of tenders.
6. Award criteria, including indicators for evaluation and their severity.
7. Date and time of opening of the tenders.
8. Separate items, where applicable.
9. other information, where applicable.
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