Name of the law amending the law on public procurement Act Name of Bill a Bill to amend the public procurement Act of acceptance Date 01/10/2015 number/year Official Gazette 79/2015 Decree No 180
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending the public procurement Act, passed by the National Assembly of HLÌÌI 1 October 2015.
Issued in Sofia on 7 October 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
to amend the 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 and 35 by 2015.)
§ 1. In art. 1 the words "budgetary and extra-budgetary funds" shall be replaced by ' appropriations, funds from the European Union or from other international programmes and agreements, foreign funds. "
§ 2. In art. 8 and following amendments and supplements shall be made:
1. Paragraph 4 is replaced by the following:
"(4) the Council of Ministers may establish by Ordinance central authorities for public procurement or to implement such functions of the authority of the Executive power."
2. in the Al. 5, the words "for its creation" are replaced by "under para. 4. "
§ 3. In art. 16 the following amendments and additions:
1. Paragraph 2 shall be replaced by the following:
"(2) when a part of the subject-matter of the contract is included in the list under para. 1, the contracting authority is obliged to it departments in one or more lots, which keeps to the participation of specialized enterprises or associations of people with disabilities. "
2. a new paragraph. 3:
"(3) the sponsor shall implement al. 2 and when you award a contract pursuant to chapter eight ' a '. "
3. The current paragraph. 3 it al. 4.
4. The current paragraph. 4 it al. 5 and in the main text, the words "para. 1 – 3 "shall be replaced by" para. 1, 2 and 4, "and after the word" notice "a comma and add" according to the public invitation.
5. a new paragraph. 6:
"(6) in the cases referred to in para. 5 applications or tenders may be submitted and other stakeholders beyond those for which the order is preserved. "
6. The current paragraph. 5 it al. 7 and shall be replaced by the following: "(7) in the cases referred to in para. 1 and 2 the candidate or tenderer who has specialized enterprise or cooperative for people with disabilities, stated in the application or in its offer, under which the number is entered in the register of specialized enterprises and cooperatives of disabled persons maintained by the Agency for people with disabilities, or information relating to the registration in the register of equivalent Member State of the European Union. "
7. a new para. 8:
"(8) in the cases referred to in para. 4 the applicant or participant who meets the requirements of the program to create protected jobs, submit an application or bid document certifying it. "
8. The current paragraph. 6 it al. 9 and is replaced by the following:
(9) the applications or tenders on the persons referred to in para. 6 only if:
1. an applicant or participant to whom the order is preserved and that meets the selection criteria, or 2. participant to whom the order is preserved and whose bid meets the requirements of the contracting authority. "
9. The current paragraph. 7 it al. 10 and shall be amended as follows:
(10) the applicant or participant who has specialized enterprise or cooperative for people with disabilities, can participate in the public service contract under para. 1 or a lot under par. 2, provided they can meet 80 percent of its subject with its own production or resource. Failing self-fulfilling in this volume he may use subcontractors or rely on the resources of third parties, provided that they are specialized enterprises or cooperatives of disabled persons for which information shall be provided in accordance with para. 7. "
§ 4. In art. 18 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
' (1) in carrying out the State policy in the field of public contracts the Minister of Finance shall be assisted by the public procurement Agency, hereinafter "the Agency". "
2. in the Al. 2, after the word "person" is added "maintenance budget".
3. Paragraph 3 is repealed.
§ 5. In art. 122 p in the Al. 1 and 9, the words "Ministry of Economic Affairs" shall be replaced by the "Ministry of finance".
§ 6. Everywhere in the law, with the exception of art. 13, para. 3, the words "Minister of economy" and "Minister of economy" are replaced with "Minister of finance" and "Minister of finance".
Transitional and final provisions
§ 7. Public procurement, found on the grounds of art. 16, which has posted a solution for the detection or public invitation before the entry into force of this law shall be completed in the previous row.
§ 8. Within three months of the entry into force of the law the Council of Ministers shall adopt changes to the relevant regulations, resulting from the passage of the public procurement Agency to the Minister of finance.
§ 9. The Minister of finance and Minister of economy governed each other questions arising from the change in the status of the public procurement Agency as a minor officer by budget to the Minister of finance, within three months of the entry into force of the law.
The law was passed by the National Assembly-43 of 1 October 2015, and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: