Law Amending And Supplementing The Law On Public Procurement

Original Language Title: Закон за изменение и допълнение на Закона за обществените поръчки

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14535/

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 30/04/2014 number/year Official Gazette 40/2014 Decree No 119

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 law amending the Law on public procurement adopted by HLIÌ National Assembly on 30 April 2014.

Issued in Sofia on May 10, 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

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 and St. 15 of 2013)

§ 1. In art. 2, al. 1 in the text before point 1, the words "the procedure laid down in" shall be replaced by the words "under the conditions and by the order of" and the comma after the words "this Act" shall be deleted.

§ 2. In art. 3 is hereby amended as follows:

1. In paragraph 8. 1 item 3 shall be replaced by the following:

"3. the construction, including:

(a) the construction or execution) design and implementation of construction;

(b)) the execution, or both the design and implementation of one or several types of construction works in annex 1;

in performance) by whatever means one or more activities on the implementation of the construction in accordance with the requirements of the contracting authority. "

2. in the Al. 2 in paragraph 3 and 4, the words "construction and services" are replaced by "construction and/or services.

§ 3. In art. 4 make the following amendments and additions:

1. point 3 shall be replaced by the following:

"3. the financial services in connection with the issue and transfer of securities or other financial instruments; the services provided by the Bulgarian National Bank; services provided in connection with the underwriting and management of the public debt; services provided in connection with the management of the system of a single account and fiscal reserve; ".

2. In paragraph 4, after the word "development" a comma and add "including field archaeological research".

3. Point 7 is replaced by the following:

"7. the granting of loans by and through the Bulgarian Development Bank, where this is provided for in international programmes or contracts, or by law."

4 section 8 is repealed.

§ 4. In art. 7, paragraph 1, after the words "National Bank" a comma and added, "the Attorney General and the administrative heads of the public prosecutors ' offices in the country".

§ 5. In art. 8 create new al. 7 and para. 8:

"(7) in the preparation of a procurement procedure, contracting entities shall ensure in the elaboration of the technical specifications of the methodology for the evaluation of the tenders in the contract documents under the criterion most economically advantageous tender as well as the competition programs in design contests, participate in at least one expert who has professional competence relating to the subject-matter of the contract. Where the contracting authority has no employees, complying with the requirements for professional competence, it provides external experts from the list under art. 19, para. 2, item 8 or others, through the award in accordance with this law. The documents referred to in the first subparagraph shall be signed by the persons who have developed them.

(8) external experts under para. 7 may:

1. be included in Commission for carrying out the procedure for the award of a public contract, respectively, in the jury of the design contest;

2. participate in the procedure for the award of the contract alone or in association with other persons as candidates, participants, members of the unions involved, subcontractors, or through related entities, except if the documents whose elaboration involved have changed so that the participant does not provide the information that gives him an advantage over other participants in the proceeding. "

§ 6. In art. 8 and following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "is the employer, which shall carry out and conclude procedures" shall be replaced by "shall have the rights and obligations of the employer regarding the conduct of the proceedings and the conclusion and implementation of".

2. a para. 5:

"(5) the rules for the organisation of the work and performance of the functions of the central authority for public contracts are governed by the Act for its establishment."

§ 7. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the contracting authorities may not require associations to have a specific legal form in order to be able to submit an application for participation or tender."

2. in the Al. 2 the words "legal organisational form, whenever he is entitled to provide the relevant service, supply or works in the Member State in which it is established" shall be replaced by "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.

§ 8. In art. 12 make the following amendments and additions:

1. In paragraph 8. 1:

a) point 6 is replaced by the following:

"6. the contracts for services, supplies or works concluded by the contracting authority under art. 7, item 5 or 6 to an affiliated undertaking, provided that at least 80 per cent of the average annual turnover of the undertaking over the last three years is realized by the provision of such services, supplies or works of associated enterprises; "

(b)) at 11, after the words "medicinal products" shall be inserted "under art. 262, para. 6, item 1 of the law on medicinal products for human use ", and the words" art. 45, para. 8 "are replaced by" article. 45, para. 15 ";

in section 13) shall be replaced by the following:

"13. the contracts concluded by the contracting authorities referred to in art. 7, paragraph 1, 3 and 4 with company or State-owned enterprise under art. 62, para. 3 of the commercial code, for which the following conditions are met simultaneously:

and its capital is entirely) State and/or municipal property or ownership of the holding company, whose capital is entirely State and/or municipal property;

b) control object is similar to the one carried out by the contracting entity on its own structural units;

in) at least 80 per cent of its turnover is generated by activities related to ensuring the implementation of the functions of the contracting authority; "

(d)) that is created: 16

"16. contracts awarded pursuant to an international agreement relating to the stationing of troops and concerning the undertakings of a Member State of the European Union or of a third country;"

e) item 17 shall be inserted:

"17. contracts with business litigation and related legal advice on cases before the courts, arbitration or conciliation body in the country, in another Member State of the European Union, or in a third country."

2. a new paragraph. 5:

"(5) 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. "

3. the Previous para. 5, 6 and 7 shall become al. 6, 7 and 8.

§ 9. In art. 13 the following endorsements are added:

1. In paragraph 8. 1 item 9 shall be established:

9. contracts awarded by a contracting authority under art. 7, item 1, 3 or 4 of the company or State-owned enterprise under art. 62, para. 3 of the commercial code, for which the following conditions are met simultaneously:

and its capital is entirely) State and/or municipal property or ownership of the holding company, whose capital is entirely State and/or municipal property;

b) control object is similar to the one carried out by the contracting entity on its own structural units;

in) at least 80 per cent of its turnover is generated by activities related to ensuring the implementation of functions of contracting authority. "

2. in the Al. 3, paragraph 1, after the word "determination" is added "presence".

3. a para. 4:

"(4) the methodology for determining the cost of the contracts referred to in paragraph 1. 1, item 9 shall be determined by the regulation for implementation of the law. "

§ 10. In art. 16 (b), para. 2, after the words "design" is added "spatial development schemes, development plans and".

§ 11. New art. 16 in:

"Art. 16. (1) the contracting authorities may request the technical proposals to be submitted in the form of an electronic catalogue, when the subject of the contract is the supply of goods, which are standardized, or for which it is possible to develop or promote their own standards.

(2) electronic catalogues of participants shall be drawn up in accordance with the regulatory requirements for the internal circulation of electronic documents, as well as of any additional requirements for the performance of a public contract having as its object the Al. 1 and in accordance with the technical specifications and form laid down by the contracting authority.

(3) the technical proposals presented in the form of an electronic catalogue, may be accompanied by other documents that complement them.

(4) the use of electronic catalogue, as well as the requirements for it to be indicated by the contracting authority in the contract notice and may not represent a technical barrier to participation in the procedure.

(5) the procedure for the conduct of electronic procedures through electronic catalogs are determined by the regulation for implementation of the law. "

§ 12. Former art. 16 in going to art. 16 (d) and amended as follows:

"Art. 16. (1) where the subject matter of the contract is included in the list under art. 30 of the law on integration of people with disabilities, contracting authorities are obliged to declare that the order is designed to run from the specialized enterprises or cooperatives of disabled persons.

(2) the contracting authority is obliged to allocate in lot each good or service, which is included in the list under para. 1 and is part of the subject-matter of the contract, and to declare that this lot is intended for execution by specialized enterprises or cooperatives of disabled persons.

(3) contracting entities may appoint a procurement, the implementation of which is only in the context of programmes for the creation of protected jobs.

(4) in the cases referred to in para. 1 – 3 in the notice includes information that:


1. the contract/lot is reserved for participation only of specialized enterprises or cooperatives of disabled persons, or

2. execution of the order is only in the context of programmes for the creation of secure jobs.

(5) in the cases referred to in para. 1 and 2:

1. contracting entities specified by selection criteria do not apply to applicants and participants, which are specialized enterprises or cooperatives of disabled persons, as well as associations, involving only such persons;

2. in the presentation of the candidate or tenderer, which is contained in the application, respectively in the offer, include a statement that declares whether the applicant or participant, respectively, each of the parties to the concentration, is inscribed in the register of specialized enterprises and cooperatives of disabled persons maintained by the Agency for people with disabilities, or in an equivalent register of a Member State of the European Union.

(6) in the cases referred to in para. 1 and 2, when you participate in one or more specialized enterprises or cooperatives of disabled persons who are entered in the register referred to in paragraph 1. 5, item 2, and/or their groupings, and the offers of these individuals meet the requirements of the contracting entity, the offers of other participants shall not be considered and evaluated.

(7) where the applicant or participant has indicated that it will use subcontractors, a requirement for entry in the register of specialized enterprises and cooperatives of disabled persons maintained by the Agency for people with disabilities, or in an equivalent register shall also apply for the subcontractors. "

§ 13. In the name of the second chapter establishes the third sentence: "buyer profile".

§ 14. In art. 19, para. 2 is hereby amended as follows:

1. Point 8 is replaced by the following:

"8. compile, maintain and update a list of external experts to participate in the preparation and implementation of procedures for the award of public contracts;".

2. In paragraph 18, the words "para. 6 ' shall be replaced by "para. 7. "

3. point 22 is replaced by the following:

"22. carries out ex ante controls on public procurement:

a) financed in whole or in part with funds from EU funds, as follows:

AA) for the construction of a value equal to or higher than EUR 2 640 0000;

BB) for the delivery or service of value equal to or greater than the value specified in art. 45 in, al. (2);

b) works of art. 3, al. 1, item 3, financed with appropriations beyond those referred to in (a), of an amount equal to or greater than 9 779 0000 BGN.; ".

4. point 24 shall be replaced by the following:

24. carry out preliminary control of the decisions for opening of negotiated procedures without notice pursuant to art. 90, para. 1, item 3, 9 and 12, when both the following conditions are met:

a) are issued by the entities referred to in art. 7, t 1 – 4;

(b)) contracts are worth under art. 14, para. 1. "

§ 15. New art. 20:

"Art. 20. (1) in the list under art. 19, para. 2, item 8 shall include persons who have professional competence associated with the objects and subjects of public procurement, and:

1. are offered by professional associations and organisations in the relevant industry or by bodies under art. 19, para. 2-4 of the law on the Administration, with an indication of their professional competence, or

2. self have applied for entry to which they have applied the evidence of his professional competence.

(2) for each of the individuals on the list shall specify the scope of the professional competence and availability of cleared for access to EU classified information in accordance with the requirements of the law on the protection of classified information.

(3) the procedure for compiling and maintaining the list is determined by the regulation for implementation of the law. "

§ 16. In art. 20 and the following endorsements are added:

1. In paragraph 8. 1 item 4 is created:

"4. the reasons for the selection criteria and the criteria compliance with the requirements of art. 25, para. 5-7. "

2. in the Al. 3, after the word "recommendations" insert "or specific instructions."

3. in the Al. 4 after the word "recommendations" insert "or the specific indications.

4. in the Al. 5 after the word "recommendations" insert "or specific instructions."

5. in the Al. 6, after the words "monitoring bodies under art. 123, para. 1 "a comma and add" (a) in the cases under art. 19, para. 2, item 22 (a) and placed hyphen.

§ 17. In art. 21, para. 2 creates a new first sentence: "in the register is gaining and store information relating to public procurement, in order to ensure publicity and transparency regarding the process of their procurement and implementation.", and the current first sentence becomes the second sentence.

§ 18. In art. 22, t. 6, after the word "certain" is added "or" by law.

§ 19. In chapter II section III is created "buyer profile" with art. 22B-22 (d):

"Section Iii

Buyer profile

Art. 22B. (1) the contracting entities are required to maintain buyer profile, which is a distinct part of their homepage or from another Internet address for which publicity is provided.

(2) without prejudice to the applicable restrictions in connection with the announcement of commercially sensitive information and competition rules in the buyer profile shall be published in the form of electronic documents:

1. preliminary announcements;

2. decisions on the opening of procedures and notices of public contracts;

3. the dossiers for participation in procedures;

4. decisions for change in the cases under art. 27 a, para. 1 and revised documentation for participation;

5. the interpretations of participation;

6. invitations to tender under the restricted procedure, competitive dialogue and negotiated procedures with publication of a contract notice;

7. the minutes and reports of committees to carry out the procedures, together with the annexes thereto;

8. decisions under art. 38 for the completion of the procedures;

9. information about the dates and grounds for the release or detention of the guarantees for the participation of the applicants or participants in any procedure for the award of a public contract;

10. the contracts together with the required annexes to them;

11. subcontracting contracts and supplementary agreements thereto;

12. the framework agreements, together with the required annexes to them;

13. additional agreements, amendments to the public procurement contracts;

14. information about the date, the grounds and the amount of any payment under the contracts and subcontracts, including advance payments;

15. information about the date and grounds for termination or suspension of treaties;

16. information about the dates and the reason for the release, uptake or retention of guarantees for the performance of any contract;

17. public invitation under art. 101 (b) together with their annexes;

18. the internal rules referred to in art. 8 (b);

19. the opinions of the Executive Director of the Agency's inquiries to the contracting authority;

20. approved by the Executive Director of the Agency's expert opinions from prior checks carried out on the specific procedure for the award of a contract, and when the contracting authority does not accept any of the recommendations – and the reasons for that;

21. any other useful general information, such as contact person, telephone and fax number, postal address and e-mail address and other documents and information provided for in the internal rules referred to in art. 22.

(3) in the Al. 2, which shall be published on a buyer profile is deleted, the information for which the participants have implemented privacy statement under art. 33, para. 4, as well as information that is protected by law. In place of the deleted information stating the legal basis for the deletion.

(4) as otherwise specified by this Act, the documents referred to in para. 2, which shall be published in the register of public procurements or the portal for procurement, and for participation shall be published on a buyer profile on the first working day following the day of sending them to the Agency. Contracts, agreements and additional documents relating to the performance of contracts shall be published within 30 days of:

1. conclusion of contracts and additional agreements;

2. carrying out the payment; for contracts for recurrent supplies of goods, information on payments made shall be published in summary form by the 20th of the month following the month of the payments made;

3. release of the security;

4. the receipt by the contractor of the subcontract and the amendment thereto;

5. the creation of the document.

(5) the documents and information referred to in para. 2, which relate to a particular procurement shall be ring-fenced in a separate section in the profile of the buyer, representing e-file with private identification number and date of creation. The private section is supported in the profile of the buyer until the expiration of one year from:

1. the completion or termination of the procedure – when it is not under contract;

2. the implementation of all obligations under the Treaty on all the obligations under the treaties in the framework agreement.

(6) except in the cases referred to in paragraph 1. 5 documents and information under para. 2 supported in the profile of the buyer as follows:

1. under item 1 – one year of publication in the profile of the buyer;

2. under item 18, one year after the amendment or repeal;

3. under item 19 and 21 – permanent, with the update.

Art. 22. (1) in To the unique number of each contract in the register of public procurement show a hyperlink to a standalone section on a buyer profile, containing documents and information for the specific contract.

(2) contracting authorities shall send to the agency information on the hyperlink address simultaneously with the decision to open the procedure.

Art. 22. (1) the contracting entities are to establish internal rules to maintain buyer profile, including the verification of the date of publication of the electronic documents in it, under the conditions and pursuant to the Act on e-governance.


(2) the internal rules determine the order in which the transmission of documents in the register and published on a buyer profile, in the cases specified by this Act. "

§ 20. In art. 23, para. 1, the words "or published" are replaced by "and published".

§ 21. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 2:

a) in paragraph 3, the words "subject and object" are replaced by "object, subject and estimated value";

b) point 6 is replaced by the following:

"6. the criteria for selection, where the contracting authority determines such involving a requirement under art. 49, and/or minimum requirements for the economic and financial situation of the candidate or tenderer and/or technical capabilities and/or qualifications, as well as an indication of the documents to which they have proven; ".

2. in the Al. 3 creates a new paragraph 3:

"3. the opportunity to tender for one or more of the nomenclatures in the lots included in the subject-matter of the contract – the award of public contracts for the supply of medicinal products according to the law on medicinal products in human medicine or medical devices under the medical devices; '.

3. in the Al. 5 Add "and which do not comply with the subject matter and the quantity or volume of the contract".

4. Paragraph 6 is replaced by the following:

(6) the selection criteria under para. 2, item 6 and documents which prove the compliance with them must comply and be consistent with the object, the object, the value, complexity, and the quantity or volume of the contract and use of the works, supplies or services. As the criteria for selection can be charged recognised experience in the sector concerned, but may not include conditions or requirements that are related to the performance 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 and other If such conditions or requirements are in breach of the conditions under paragraph 1. 5. When the contract has separate positions, the selection criteria for each of the lots shall correspond to the specifications listed for the position. "

5. Paragraph 8 shall be replaced by the following:

"(8) With the participation of associations having no legal personality, the compliance with the selection criteria shall be evidenced by one or more of the participants in the joint. In the cases under art. 49 the registration requirement is evidenced by the participant in the grouping, which will perform the activity. "

§ 22. In art. 27 the following modifications are made:

1. In paragraph 8. 1 the words "art. 45 (a) ' shall be replaced by "art. 45.

2. in the Al. 2 the first sentence shall be replaced by the following: "After publication of the notice in the register of public procurement the contracting authority sends a message to the media about the contract." in the second sentence the word "publication" shall be replaced by "communication".

§ 23. In art. 27 and the following modifications are made:

1. In paragraph 8. 1 the words "on a proposal from the person concerned" shall be replaced by ' on a signal of irregularity ".

2. in the Al. 2 the word "concerned" be deleted.

3. Paragraph 3 is replaced by the following:

(3) changes in the Al. 1 shall be made by the decision to change to 14 days of publication of the notice in the register of public procurement. The decision and the changed documents shall be published on a buyer profile on the first working day following the day of sending them to the Agency. "

4. in the Al. 8, paragraph 2, the words "article. 29, para. 2 "are replaced by" article. 29, para. 3. "

§ 24. In art. 28 is made the following changes and additions:

1. In paragraph 8. 1:

a) in item 5 Finally a comma and add "(a) in the cases under art. 25, para. 3, item 3-minimum requirements for tenders that are part of the nomenclatures in lots ";

b) in point 7, the words "the indicators relative to their weight and ' shall be deleted.

2. paragraph 2 is replaced by the following:

"(2) the methodology for the determination of the complex evaluation of the tenders contain indicators for integrated assessment, their relative weight and precise instructions for the determination of the assessment on each indicator. In the methodology in accordance with the technical specifications can be defined, and minimum and maximum limits of quantitative indicators. In the cases under art. 25, para. 3, item 3 with the methodology in accordance with the technical specifications shall be determined and the method of evaluation of tenders submitted for part of the nomenclatures in lots. "

3. Paragraph 4 is replaced by the following:

"(4) by the regulation for implementation of the law determine the recommended models on offer and the annexes to it."

4. Paragraphs 6 and 7 shall be amended as: "(6) the contract shall be published on a buyer profile on the first working day following the day of publication of the notice.

(7) the contracting authority shall not be entitled to require the contract to be obtained on the spot and must provide the documentation to any person requesting it, including its like send it on his behalf. In these cases, the contracting authority may require of persons, such as the payment of the price documentation shall specify in the contract notice and may not be more than the actual cost of its printing and reproduction. "

5. Paragraph 8 shall be repealed.

6. Paragraph 9 shall be replaced by the following:

(9) in the cases under art. 27 a, para. 1 the contracting authority provides free documentation for the modified individuals purchased documentation before issuing the decision to change. "

§ 25. Art is created. 28A:

"Art. 28. (1) where the criterion for evaluation is the most economically advantageous tender:

1. by selected indicators and their relative weight in the overall evaluation must ensure the determination of the tender offering the best price-quality ratio;

2. the evaluation shall be indicators evaluate the characteristics of the self the object of the public contract in terms of quality, price, technical merit, aesthetic and functional characteristics, environmental characteristics, running costs, cost-effectiveness, after-sales service and technical assistance, delivery date and delivery period or period of completion; in the award of contracts under art. 3, al. 2 can include indicators such as expenditure during the life cycle of the product, supply security, interoperability, performance, etc.;

3. in the case of public works contracts with the indicators for assessment may be valued characteristics associated with:

(a)) the quality or performance of construction products, for use of the construction works or construction, or

(b)) the quality of the technology and/or the organisation of the performance of the work or of individual construction.

(2) the relative weights of the evaluation indicators can be determined:

1. with a specific value in the context of the overall assessment, or

2. by severity in descending order — when, for objective reasons, it is impossible to implement paragraph 1.

(3) the guidelines for determining the assessment in each indicator must:

1. 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. provide an opportunity to be compared and assessed objectively the technical proposals in tenders;

3. provide to the applicants and the participants with sufficient 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.

(4) does not allow the inclusion of evaluation indicators, which are not directly linked to the subject-matter of the contract, as well as indicators that take into account the time for making payments to the contractor (delayed or deferred payment).

(5) If a public contract having as its object the execution of works and designing indicators for evaluation include Al characteristics. 1, item 2 and for the design and construction. "

§ 26. Article 29 shall be amended as follows:

"Art. 29. (1) persons may request a written clarification from the contracting authority in the contract within 10 days, and for contracts under art. 14, para. 3 – up to 7 days before the expiry of the time limit for receipt of tenders or applications.

(2) Explanations under para. 1 shall be published on a buyer profile in 4 days from receipt of the request. If individuals have indicated an email address, and interpretations of it in the day of their publication on the buyer profile. In the explanations does not indicate information about the persons who have requested them.

(3) where the publication of interpretations by the contracting authority until the deadline for the receipt of tenders or applications remain less than 6 days, and in the cases under art. 14, para. 3 – less than three days, the contracting authority is obliged to extend the time limit for receipt of tenders or applications.

(4) in the cases referred to in para. 3 the decision for change was published on a buyer profile, in the day of sending it for publication in the register of public procurement. From the day of publication in the buyer profile until the deadline for submission of tenders, there can be no less than 6 days, and in the cases under art. 14, para. 3 – less than three days. "

§ 27. In art. 31 al. 1 shall be amended as follows: ' (1) in the technical specifications do not include classified information. The availability of classified information with the information on the site for its receipt shall state in the contract documents. Persons can obtain information, under the conditions and pursuant to the law on the protection of classified information. "

§ 28. In art. 33, para. 5, the words "and article. 73, para. 4 "are deleted.

§ 29. In art. 33 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:


"(2) the contracting authority is not entitled to require the otorizacionno letter for the specific contract, when he delivered a letter from the otorizacionno manufacturer, certifying the right of representation and trade throughout the country."

§ 30. In art. 34 following amendments and supplements shall be made:

1. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) in the composition of the Commission must be included a lawyer, and at least half of the other members are holders of professional competence relating to the subject-matter of the contract. The Commission consists of an odd number of members, at least five, and in the cases under art. 14, para. 3 – at least three.

(3) an Employer who has employees, complying with the requirements for professional competence in the Al. 2, provides external experts from the list under art. 19, para. 2, item 8 or others through the award in accordance with this law. For the award of public works contracts of a value equal to or greater than EUR 9 779 0000, contracting entities shall include as a member of the Commission at least one external expert, which is included in the list under art. 19, para. 2, item 8. In the cases referred to in the second sentence, the choice of external expert is going through a lot, including all the experts with professional competence, relating to the subject-matter of the contract. The draw is organized by the Agency, by order, determined by the regulation for implementation of the law. "

2. in the Al. 7, after the word "other" is a comma and add "as well as per diem money – travel, subsistence and accommodation allowance".

§ 31. In art. 35 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 4 is created:

"4. no participated as external experts in drawing up the technical specifications in the methodology for the evaluation of the bid."

2. in the Al. 3 the words "change has come" are replaced by "occur or be detected change."

§ 32. In art. 36 a, para. 3, after the words "their removal" is added "in 5 days from the submission of the relevant Protocol".

§ 33. In art. 37 the following modifications are made:

1. Paragraph 2 shall be replaced by the following:

"(2) in the case of public contracts under art. 3, al. 1, which have as their object the execution of works and design, as well as in design contests may not be used lowest price criterion. "

2. in the Al. 3, paragraph 2, the words "the requirements for financial and economic situation, technical capabilities and qualifications" are replaced by "the selection criteria laid down by the contracting authority".

§ 34. In art. 39 the following modifications are made:

1. In paragraph 8. 1 paragraph 1 shall be replaced by the following:

"1. no offers have been submitted an application for participation or competition project, no candidate or participant who meets the requirements set out in art. 47-53, or did not appear nor a participant to negotiate; ".

2. Paragraph 3 shall be amended as follows:

(3) within three days of making a decision under paragraph 1. 1 or 2 the contracting authority on the same day sent the decision to all applicants or participants, published on a buyer profile it and sends a copy of the decision to the Executive Director of the Agency. "

§ 35. In art. 41, para. 1 creating the second sentence: "with the regulation for implementation of the law determine the minimal and recommended models for the contract and the annexes to it."

§ 36. In art. 42 the following modifications are made:

1. In paragraph 8. 1, item 2, the words "and article. 48, para. 2 ' shall be deleted.

2. paragraph 2 is repealed.

§ 37. Art is created. 42A:

"Art. 42. Monetary claims on public procurement contracts and subcontracts are transferable, can be pledged and may be carried out enforcement. "

§ 38. In art. 43 following amendments and supplements shall be made:

1. In paragraph 8. 2:

(a)) in the text before paragraph 1, after the words "public order" is added "performed with an additional agreement to the contract and";

(b) in item 1):

AA) a new letter "c":

"in) complete or partial replacement of goods included in the subject of the order, including delivery of their items, components, or parts when it is in the interest of the contracting authority, does not increase the value of the contract and any replacement goods comply with the requirements of the technical specifications, technical merit and/or improved functional features compared with zamenânite, or goods;"

BB) current (c) becomes point (d).

2. Paragraph 4 is replaced by the following:

"(4) the contracting authority may terminate the contract, if, as a result of unforeseen circumstances, is unable to meet its obligations. In these cases, the contracting authority to the contractor due compensation for damages from the termination of the contract in accordance with the agreed in it. "

3. a new paragraph. 5:

"(5) the contracting authority and the contractor may terminate the contract for the contract under the conditions and in accordance with procedures laid down by the Treaty."

4. The current paragraph. 5 it al. 6.

5. Al are created. 7 and 8:

"(7) in the conversion to the contractor in accordance with the legislation of the State in which it is established, the contracting authority shall conclude a contract for the extension of the contract with the recipient. A contract for the extension of the contract shall be concluded only with the successor in title, for whom there are no circumstances under art. 47, para. 1 and 5, the contracting authority the circumstances under art. 47, para. 2 requirements and selection criteria. The Treaty with the successor in title may not make any changes in the Treaty to public order. When in the conversion of the company's original performer is not terminated, it meets jointly with the new artist – successor.

(8) upon conversion to the contractor, if the successor does not qualify under para. 7, second sentence, of the contract the contract shall be terminated in law, as the contractor, respectively the successor due compensation in total breakdown. "

§ 39. In art. the following 44 amendments: 1. Al. 1 the words "7 days" shall be replaced by "30 days".

2. in the Al. 2 creates a second sentence: "the information contains data specified with the regulation for implementation of the law, including for persons who have submitted offers, and when in the procedure involved associations – members of the grouping."

3. in the Al. 5 and 6 the word "7-day" is replaced by "30 days".

4. in the Al. 10 the words "contracts with a value of art. 14, para. 4 and 5 "are replaced by" orders "and item 1 and 2:

' 1. Article 3, para. 1, when the value of art. 14, para. 4 and 5;

2. Article 3, para. 2 where are the value below the threshold under art. 14, para. 2. "

§ 40. In the third chapter established a new section VII "subcontracting" with new art. 45 and art. 45 (b):

Section VII

Subcontracting

Art. 45. (1) the performers enter into subcontracting with contractors, referred to in the offer. The conclusion of a contract for subcontract shall not relieve the contractor from its responsibility for the execution of the agreement for a public contract.

(2) Performers do not have the right to:

1. enter into subcontracting with the person for whom there is a circumstance under art. 47, para. 1 or 5;

2. outsource one or more of the activities listed in the subject-matter of the contract, to persons who are not subcontractors;

3. replace referred to in the quote subcontractor unless:

for suggestions) subcontractor is present or occur circumstance under art. 47, para. 1 or 5;

(b)) the proposed subcontractor no longer fulfils the statutory requirement to implement one or more of the activities listed in the subject-matter of the subcontract;

in subcontracting) the contract is terminated for reasons attributable to the subcontractor, including in the cases referred to in para. 6.

(3) within three days of conclusion of the contract or subcontract of amendment thereto, or the Treaty shall be replaced by the specified in the tender, the contractor shall subcontract shall send an original copy of the contract or the supplementary agreement to the contracting authority along with evidence that the prohibition is not compromised under para. 2.

(4) the subcontractors do not have the right to reassign one or more of the activities that are included in the scope of the subcontract.

(5) is not a violation of the prohibition under para. 2, item 2, and in para. 4 supply of goods, materials or equipment necessary for the performance of a public contract where such delivery does not include Assembly, as well as the conclusion of service contracts, which are not part of the contract for the procurement, respectively, from the subcontract.

(6) the contractor shall be obliged to terminate the contract if subcontracts during its execution occur circumstance under art. 47, para. 1 or 5, and in case of violation of the prohibition under para. 4 within 14 days of becoming aware. In these cases the contractor shall conclude a new contract for subcontract subject to the conditions and requirements of para. 1-5.

Art. 45 (b) (1) the contracting authority shall accept the implementation of activities under the contract, for which the contractor has signed, in the presence of subcontracting the contractor and the subcontractor.

(2) upon acceptance of the work, the contractor can submit to the contracting authority, evidence that the subcontract is terminated, or the work or part thereof was not performed by the subcontractor.

(3) the contracting authority made the final payment on the contract award, for which there are signed contracts, subcontracting by the contractor after receiving evidence that he has paid the subcontractors all work, adopted by the order of al. 1.

(4) paragraph 3 shall not apply in the cases referred to in para. 2. "

§ 41. Former section VII becomes title VIII.

§ 42. Former art. 45 and becomes art. 45 c and everywhere the words "Executive" shall be replaced by "public authority".

§ 43. In art. 47 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "who is" be replaced by "that";

(b) in item 1) in the text before the letter "a" in the beginning "e" shall be added;

in) in item 2 and 3 shall be added at the beginning "is";

d) item 4 shall be inserted:


4. "there are obligations within the meaning of art. 162, para. 2, item 1 of the tax-insurance procedure code to the State and to the municipality, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or has duties for taxes or social insurance contributions under the legislation of the country in which the candidate or tenderer is established. "

2. in the Al. 2:

a) point 3 shall be repealed;

b) point 4 shall be replaced by the following:

4. "who was sentenced by a final judgment, unless rehabilitated for a crime under art. 136 of the Penal Code relating to health and safety at work, or in art. 172 of the criminal code against labor rights of workers; ".

3. in the Al. 4 in the text before item 1 the words "para. 2, item 2 and 5 ' shall be replaced by "para. 2, item 2, 4 and 5 ".

4. Paragraph 6 is hereby repealed.

5. Paragraph 8 shall be replaced by the following:

"(8) For the subcontractors shall apply only to the requirements of para. 1 and 5. "

6. in the Al. 9 the word "Declaration" is replaced by "a statement signed by persons representing the applicant or participant" and the second sentence: "in the Declaration includes information on public registers, which contain those circumstances, or the competent authority, which under the law of the country in which the candidate or tenderer is established shall be obliged to provide information on the circumstances of the contracting authority ex officio."

7. Paragraph 10 shall be replaced by the following:

"(10) upon signing of the contract for the participant designated contractor is required to submit documents by the competent authorities for verifying the absence of the circumstances under para. 1, item 1 – 4 and the circumstances referred to in the notice referred to in paragraph 1. 2, item 1, 2, 4 and 5, unless the legislation of the State in which it is established, provides for the inclusion of any of these circumstances in a public register, or free delivery free of charge to the contractor. "

8. Paragraph 11 shall be deleted.

§ 44. In art. 48 following amendments and supplements shall be made:

1. Paragraphs 1-3 shall be read with the following adaptations:

' (1) may not participate in a procedure for the award of the contract a foreign natural or legal person in the State in which it is established, e one of the circumstances under art. 47, para. 1 or any of the circumstances referred to in the notice referred to in art. 47, para. 2.

(2) upon submission of the offer, the applicant or tenderer certifying the absence of circumstances referred to in paragraph 1. 1 with the declaration under art. 47, para. 9.

(3) where the legislation of the country in which the candidate or tenderer is established does not provide for the inclusion of one of the circumstances referred to in paragraph 1. 1 in a public register or their free provision of its own accord and free of the contracting authority, upon signing of the contract for the participant designated contractor is required to submit:

1. documents certifying the absence of the circumstances under art. 47, para. 1 and the circumstances referred to in the notice referred to in art. 47, para. 2 issued by a competent authority, or

2. an extract from the "judicial record" or, failing that, 3. of an equivalent document issued by a judicial or administrative authority of the State in which it is established. "

2. a new paragraph. 4:

"(4) where, in the country in which the candidate or tenderer is established, the documents were issued 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 matter according to the law of the State in which it is established."

3. The current paragraph. 4 it al. 5.

§ 45. In art. 49 para. 1 shall be amended as follows:

(1) the contracting authority may require any applicant or participant to prove your registration in a professional or trade register in the State in which it is established, or to provide a declaration or certificate of the presence of such registration by the competent authorities under the relevant national law, where the presence of registration is defined by law as a condition for the attainment of the object of the contract. "

§ 46. In art. 50 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) the contracting entities are required to the financial and economic situation of applicants and participants only for the performance of the contract if necessary financial resources for the provision of materials, supplies, funds for salary and related taxes and insurance, and others. In these cases, the contracting authority requires of the amount of financial resources available to the applicant or participant, which may not exceed 50 percent of the estimated value of the contract. Applicants or participants can demonstrate the availability of the financial resources required by the contracting authority with one or more of the following documents:

1. certificate of the Bank;

2. the annual financial report or any of its parts when their publication is required by the legislation of the country in which the candidate or tenderer is established. "

2. a new paragraph. 3:

"(3) in the cases referred to in para. 1, item 2, and in para. 2. the contracting entity shall not be entitled to require the presentation of the annual financial statement or any of its parts as well as any other document if published in a public register in the Republic of Bulgaria and the applicant or participant has specified information to the authority, which maintains the register. "

§ 47. In art. 51 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1 finally added "according to the subject-matter of the contract";

(b)) points 1 and 2 shall be read with the following adaptations:

"1. a list of the supplies or services that are identical or similar to the subject-matter of the contract, implemented over the past three years from the date of filing of the application or tender, and in the case of contracts under art. 3, al. 2 – met in the last five years, with an indication of the values, dates and recipients, along with proof of delivery and service;

2. a list of the works executed during the last 5 years from the date of filing of the application or of the offer, and for the construction, which is identical or similar to the subject-matter of the contract, and:

a) indication of public records that contain information about the acts for entering into operation of the works, which include details of the competent authorities which issued these acts, the value date on which execution has been completed, the location and type of building, or

b performance certificates), which contain the value date on which the performance, location, type and volume of works and whether it is fulfilled in accordance with regulatory requirements; certificates also contain date and signature of the Publisher and contact data, or

c) copies of the documents certifying the implementation, type and volume of the executed construction works; "

in paragraph 7) shall be replaced by the following:

7. an indication of the education, professional qualifications and professional experience of the candidate or tenderer and/or those of the undertaking's managerial staff, including the persons responsible for the operation of the service or construction; "

(d) in item 8) Finally a comma and add "except when the applicant or participant has specified in its offer that it will use a subcontractor or third party resources";

(e)) is hereby set up item 13:

"13. certificates attesting the compliance of the candidate or tenderer with standards for quality management systems, in accordance with art. 53. "

2. a para. 4:

"(4) in the cases referred to in para. 1.1 the proof of delivery or service is provided in the form of a certificate issued by the recipient or by a competent authority, or by an indication of the public register in which information was published about the supply or service. "

§ 48. Article 51A shall be amended as follows:

"Art. 51. (1) an applicant or participant can demonstrate their compliance with the requirements for financial and economic condition of technical capabilities and/or qualifications with the capabilities of one or more third parties. In these cases, in addition to the documents specified by the contracting authority as proof of the corresponding capabilities, the candidate or tenderer shall submit evidence that in the performance of the contract will have at its disposal the resources of third parties.

(2) for the purposes of paragraphs 1 and 2. 1 a third party may be referred to subcontractors, affiliates and other entities, whatever the legal relationship the applicant or participant with them. "

§ 49. In art. 53A, al. 2 the words "art. 48, para. 2 "are replaced by" article. 47, para. 10. "

§ 50. Article 53 (b) shall be replaced by the following:

"Art. 53B. The contracting authority may not remove the applicant or participant of a procedure for the award of a public contract or refuses to enter into a contract with him on the grounds that it has not delivered a document under art. 51 or art. 53, para. 1, when:

1. has submitted a certificate of registration in a professional register established under the Act, or an equivalent document issued by an organization, established in another Member State of the European Union, and

2. the certificate or equivalent document referred to in paragraph 1 may establish the existence of circumstances which would be proven with the document requested by the contracting authority. "

§ 51. In chapter IV, section I created art. 53:

"Art. 53. The contracting entities shall not be entitled to require from the applicants and participants to demonstrate that they meet the criteria for the selection of information and documents, which are not mentioned in this section. "

§ 52. In art. 55 the following endorsements are added:

1. In paragraph 8. 4 creating a second sentence: "in the cases under art. 25, para. 3, item 3 for consideration are only accepted bids that meet the minimum required under art. 28, para. 1, item 5. "

2. a para. 7:

"(7) related persons or related undertakings cannot be independent applicants or participants in the same procedure."

§ 53. In art. 56 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) points 1, 2 and 3 shall be read with the following adaptations:

"1. the presentation of the participant, including:


a) indication of unified identification code under art. 23 of the law on the commercial register, BULSTAT, and/or other identifying information in accordance with the legislation of the country in which the candidate or tenderer is established, as well as the address, including electronic mailing, in the conduct of the proceeding;

(b)) a declaration under art. 47, para. 9, and in the exercise of) evidence of professional activity under art. 49, para. 1 and 2, if required by the contracting authority;

2. when participants United – a copy of the contract for the Union, and when not specified in the contract, the person who represents participants in grouping – and a document signed by the persons in the reunification, stating predstavlâvaŝiât;

3. the original of the bank guarantee of participation or a copy of the document to be lodged in the form of a sum of money; "

(b) in point 6), the words "the absence of the circumstances under art. 47, para. 1, 2 and 5 ' shall be replaced by "lack of connectivity with another participant or applicant in accordance with art. 55, para. 7, as well as the lack of circumstance under art. 8, al. 8, item 2 ";

in point 7) the last comma and added "including the construction period, which, if necessary, applies a declaration under art. 33, para. 4 ";

d) point 8 shall be replaced by the following:

"8. the work of the subject-matter of the contract, which will be offered to the subcontractors and the corresponding to these works share in percentage of the value of the contract, and the subcontractors;"

e) point 9 shall be repealed;

It is) point 10 shall be replaced by the following:

"10. bid;"

(g) in item 14) after the word "documents" insert "and information".

2. paragraph 2 is replaced by the following:

"(2) with your participants without restrictions to offer the use of sub-contractors."

3. in the Al. 3:

a) in paragraph 1 the words "para. 1, item 1 and 6 "shall be replaced by" para. 1, item 1, letters "a" and "b";

b) in paragraph 2 the words "para. 1, item 4 and 5 "are replaced by" para. 1, item 1 (c) and item 4 and 5 ".

4. in the Al. 4, the words "5, 6 and 11" shall be replaced by ' 5 and 11.

§ 54. In art. 57 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the third sentence: "in the cases under art. 25, para. 3, item 3 on the envelope is marked and for which parts of the nomenclatures in the lot is submitted the offer. "

2. in the Al. 2:

a) in paragraph 1 the words "the documents required by the contracting authority in accordance with art. 56, para. 1, item 1 – 6, 8, 11 – 14 concerning the criteria for the selection of participants or candidates "are replaced by" documents and information under art. 56, para. 1, item 1 – 5, 8, 11 – 14 ";

b) in paragraph 2 the words "put the documents under art. 56, para. 1, item 7 and 9 relating to performance of the contract, the contracting authority in accordance with the criteria and requirements specified in the documentation "shall be replaced by" puts the technical proposal, and if applicable, a declaration under art. 33, para. 4. "

3. in the Al. 3 the second sentence shall be replaced by the following: "where the documents and information contained in an envelope No 1, are the same for two or more lots on which the participant is participating, they are only available in the envelope at the position with the smallest sequence number, as this fact is noted in the list of documents contained in the envelope of the other positions."

§ 55. In art. 58 para. 3 shall be amended as follows:

"(3) the contracting authority invites the participants to extend the period of validity of the tenders, when it expired. A participant, who, after an invitation and within the time limit set in her period does not extend the period of validity of your bid is removed from participation. "

§ 56. In art. 58 and the following endorsements are added:

1. In paragraph 8. 2 Add "and are referred to in the notice.

2. in the Al. 5 after the word "participants" are added "and the documents that apply to them."

3. in the Al. 6, after the words "at least 4 years after" insert "or after termination of the procedure".

§ 57. In art. 59 the following modifications are made:

1. In paragraph 8. 3 the words "3 per cent" shall be replaced by "5 per cent".

2. paragraph 6 is replaced by the following:

"(6) in the cases under art. 16, the contracting authority shall not require guarantees for participation and for the implementation of specialized enterprises or associations of people with disabilities. "

§ 58. In art. 61, para. 1, the words "to keep security for the participation to the settlement of the dispute, where the applicant or tenderer in a procedure for the award of a public contract ' shall be replaced by" to solve the dispute to keep security for the participation of candidate or a participant in a procurement procedure, which ".

§ 59. Art is created. 62 (a):

"Art. 62. When a judgment under art. 122 (d), para. 1 2 the Commission for protection of competition annulled the contracting authority and the back file for the continuation of the procedure for the award of the contract by the last legitimate decision, the contracting authority shall invite participants, of which the security has been restored in accordance with art. 62, para. 1, item 2, again to provide a guarantee for participation. A participant, who, after an invitation and within the prescribed time limit in it do not re-submit guarantee is removed from participation. "

§ 60. In art. 63, para. 2, the words "may include" shall be replaced by the words "includes" and creates a second sentence: "When the performance guarantee shall provide and guarantee maintenance of the subject-matter of the contract, partial relief shall be granted only if the performance is greater than that for warranty maintenance."

§ 61. In art. 68 following amendments and supplements shall be made:

1. In paragraph 8. 3 the words "non-profit organizations" are replaced by "other persons in accordance with the established arrangements for access to the building in which is conducted the opening".

2. in the Al. 5 the third sentence and al. 7, after the word "documents" insert "and information".

3. Paragraph 8 shall be replaced by the following:

"(8) establishes the absence of documents and/or non-compliance with the selection criteria, and/or other irregularity, including factual error, the Commission stated in the Protocol referred to in paragraph 1. 7 and send the Protocol to all participants on the day of its publication on the buyer profile. "

4. in the Al. 9 the second sentence shall be replaced by the following: "When is established absence of documents and/or non-compliance with the selection criteria, the participant may, in accordance with the requirements of the contracting authority referred to in the notice, to replace the documents submitted or to present new, which considers that the contracting entity will satisfy the selection criteria."

§ 62. In art. 69, para. 1, paragraph 1, after the word "documents" insert "or information".

§ 63. In art. 69 and al. 3 shall be amended as follows:

"(3) no later than two working days before the date of opening of price offers the Commission announces, at least by a message in the profile of the buyer date, time and place of the opening. When the criterion is the most economically advantageous tender, the message also contains the results of the evaluation of the tenders in the other indicators for evaluation. The opening of the price bids shall be made public under the conditions of art. 68, para. 3. in the open price offer Commission unveils proposed prices and offers a representative from attending participants to sign price offers. "

§ 64. In art. Al 73. 4 shall be amended as follows:

"(4) the contracting authority shall publish a decision on a buyer profile in al. 1 together with the minutes of the Commission under the conditions of art. 22 (b), para. 3 on the same day and sent the decision to the participants. "

§ 65. In art. 77 is hereby amended as follows:

1. Paragraphs 3 and 4 shall be amended as: "(3) the application for participation in the preliminary selection contains documents and information under art. 56, para. 1, item 1 – 5, 8 and 11-14.

(4) shall apply to the application and the requirements of art. 56, para. 2-5. "

2. Paragraph 5 shall be repealed.

§ 66. In art. 79 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) the contracting authority shall appoint a Commission to conduct a proceeding under art. 34-36. "

2. in the Al. 2 the second sentence shall be replaced by the following: "opening the applications shall be made public under the conditions of art. 68, para. 3. "

3. Paragraphs 13 and 14 be amended thus:

(13) within three days of making a decision under paragraph 1. 12. the contracting entity shall send it on the same day to all candidates. Invitation for the submission of tenders in the restricted procedure shall be sent to the selected candidates within 7 days from:

1. the expiry of the time limit for appeal-if the decision is not contested and, if contested – is not a request for enforcement of an interim measure;

2. the entry into force of the order is declined a request for an interim measure;

3. the entry into force of the decision, when the temporary measure was imposed.

(14) on the day of dispatch of the decision on para. 12 applicants, the Contracting Authority published on a buyer profile and Protocol decision of the Commission under the conditions of art. 22 (b), para. 3. "

§ 67. In art. 81 the following modifications are made:

1. In paragraph 8. 5, the words "article. 29, para. 3 "shall be replaced by" art. 29, para. 2. "

2. in the Al. 7, paragraph 2, the words "article. 29, para. 2 "are replaced by" article. 29, para. 3. "

§ 68. In art. 82 is hereby amended as follows:

1. In paragraph 8. 2, item 1, the words "and 9 relating to performance of the contract, the contracting authority in accordance with the criteria and requirements specified in the documentation" shall be deleted.

2. Paragraph 3 shall be amended as follows:

"(3) the Commission under art. 79, para. 1 began work on reviewing, evaluating and ranking the bids after receiving a list of the submissions. "

3. Paragraph 5 shall be amended as follows:

"(5) the opening of tenders shall be made public under the conditions of art. 68, para. 3. "

§ 69. In art. 83 para. 6 shall be amended as follows:

"(6) the contracting authority on the same day sent the decision on para. 4 of all participants and published on a buyer profile and Protocol decision of the Commission under the conditions of art. 22 (b), para. 3. "

§ 70. In art. 83A para. 4 shall be amended as follows:

"(4) the decision referred to in paragraph 1. 3 is motivated by the persons to whom the contracting authority has awarded the development of the technical specifications and the methodology for the evaluation of tenders. "

§ 71. In art. 83 (d) is hereby amended as follows:

1. In paragraph 8. 2 the second sentence shall be replaced by the following: "opening the applications shall be made public under the conditions of art. 68, para. 3, except in the cases under art. 79, para. 3. "

2. paragraph 12 shall be amended as follows:


(12) within three days of making a decision under paragraph 1. 11 the contracting authority on the same day sent the decision to all applicants and published on a buyer profile and Protocol decision of the Commission under the conditions of art. 22 (b), para. 3. the invitation to participate in the dialogue is sent to selected candidates within a 7-day deadline set by the procedure of art. 79, para. 13. "

§ 72. In art. 83 (e) item 4 shall be amended as follows:

"4. the methodology for the determination of integrated assessment of the offer."

§ 73. In art. 83 (g) Al. 2 shall be amended as follows:

(2) within three days of making a decision under paragraph 1. 1 the contracting authority on the same day sent the decision to all candidates and publish it in the profile of the buyer, together with the report of the Commission, in compliance with the art. 22 (b), para. 3. The invitation to tender shall be sent to the designated candidates within a 7-day deadline set by the procedure of art. 79, para. 13. "

§ 74. In art. 87, para. 1 the words "art. 77, para. 3-5 "shall be replaced by" art. 77, para. 3 and 4 ".

§ 75. In art. 88 is hereby amended as follows:

1. In paragraph 8. 2 the second sentence shall be replaced by the following: "opening the applications shall be made public under the conditions of art. 68, para. 3, except in the cases under art. 79, para. 3. "

2. paragraph 12 shall be amended as follows:

(12) within three days of making a decision under paragraph 1. 11 the contracting authority on the same day sent the decision to all candidates and publish it in the profile of the buyer together with the Protocol subject to art. 22 (b), para. 3. the invitation to participate in the negotiation shall be sent to the selected candidates in a 7-day deadline set by the procedure of art. 79, para. 13. "

§ 76. In art. 89 para. 8 shall be amended as follows:

(8) the contracting authority shall, on the same day sent the decision on para. 6 all participants and published on a buyer profile decision, together with the report of the Commission on the conditions of art. 22 (b), para. 3. "

§ 77. In art. 90, para. 1 make the following amendments and additions:

1. point 4 shall be replaced by the following:

"4. a need has arisen to take urgent action because of the occurrence of exceptional circumstances, the consequences of which could not be overcome by observing the time limit for the open, restricted or negotiated procedures with publication of a contract notice;".

2. an item 14:

"14. the contract is for the supply, or for services in the field of physical education and sport and is worth under art. 14, para. 3, item 2. "

§ 78. In art. 92 and following amendments and supplements shall be made:

1. In paragraph 8. 6 creates the second sentence: "within three days from the date of making the decision, the contracting authority on the same day sent the decision and report under para. 5 to all participants and published on a buyer profile in accordance with the art. 22 (b), para. 3. "

2. Paragraph 8 shall be repealed.

3. in the Al. 9 and 10, the words "para. 1 – 8 "are replaced by" para. 1-7 ".

§ 79. In art. 93 point 3 is repealed.

§ 80. In art. 93 and following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) a framework agreement can be concluded with fewer than three potential contractors of public works only if there was not a sufficient number of applicants or participants who meet the selection criteria or a sufficient number of offers that meet the previously announced terms of the sponsor."

2. a new paragraph. 4:

"(4) the framework agreement is determined the order of the conclusion of the contracts, including the time limits for receipt of tenders and to rank the tenders."

3. the Previous para. 4 and 5 become respectively al. 5 and 6.

§ 81. In art. 93 (b) creates a paragraph. 4:

"(4) Tenders shall be drawn up in accordance with the framework agreement and include:

1. the deadline for the execution of the order, if none was defined by the framework agreement;

2. the offer price;

3. technical proposal for the execution of the order, when agreed with the framework agreement assessment criterion is the most economically advantageous tender ".

§ 82. In art. 94, para. 2 paragraph 1 shall be replaced by the following:

"1. spatial development scheme or plan;".

§ 83. In art. 98, para. 1 the words "art. 57, al. 1, 3, 4 and 5 "are replaced by" article. 57, al. 1 and al. 3-6.

§ 84. In art. 99 is hereby amended as follows:

1. In paragraph 8. 1 the word ' three ' is replaced by ' five '.

2. in the Al. the words "at least 1/3" shall be replaced by "at least two-thirds.

§ 85. In art. 101 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows: ' (1) the jury shall examine the projects and rank them. The classification of projects shall be carried out on indicators for integrated assessment of the project referred to in the notice of initiation. When investment projects one of the indicators is the design value of the work. "

2. in the Al. 2 creates a second sentence: "the contracting authority on the same day sent the minutes of the participants in the procedure and have it published on a buyer profile."

3. Paragraph 7 shall be amended as follows:

(7) within 7 days after the making of the decision on para. 6. the contracting entity in the same day:

1. forward to the Agency for entry in the register of procurement information for the contest;

2. sent to the participants in the contest the decision on para. 6 and, in the case referred to in paragraph 1. 4 – Protocol and appendices;

3. published on a buyer profile documents referred to in item 2. "

§ 86. Article 101 (b) shall be replaced by the following:

"Art. 101 (b) (1) with the invitation could not determine the requirements for financial and economic situation. Invitation to apply technical specifications and draft contract. The invitation shall be in a form approved by the Executive Director of the Agency, and shall contain:

1. name and address of the contracting authority;

2. object of the contract, estimated value and source of funding;

3. a brief description of the subject-matter of the contract and, where applicable, and the quantity or volume;

4. award criteria, and when the choice is made on the criterion most economically advantageous tender – and a methodology for assessing the offer in accordance with art. 28A;

5. time and place for the receipt of tenders;

6. date, time and place of such opening.

(2) the contracting authority shall, on the same day published the call of the portal for public procurement and in the profile of the buyer. In the profile of the buyer together with the invitation to be published and the annexes thereto.

(3) on the day of its publication, the contracting authority shall send the invitation message to the media and can send it and to selected individuals from it, without altering the terms of para. 1, 2-6. In the message may not contain more information than that in the call, published on the portal.

(4) the period referred to in para. 1, item 5 may not be less than 7 working days and begins on the day following the day of publication of the invitation to the profile of the buyer.

(5) the contracting authority is obliged to apply again, procedures for the solicitation under para. 1-3, when the invitation was withdrawn because of the need to change the originally stated conditions.

(6) upon written request made within three days before the expiry of the time limit for receipt of tenders, the contracting authority is required not later than the next day to published on a buyer profile written explanation on the terms of the contract. "

§ 87. In art. 101 in, al. 1 is hereby amended as follows:

1. point 2 shall be replaced by the following:

"2. the technical proposal;".

2. In paragraph 4, the words "where applicable" shall be replaced by "of the offer."

§ 88. Article 101 (d) shall be replaced by the following:

"Art. 101. (1) the receipt, examination and evaluation of tenders be accompanied by an order determined by the internal rules of the contracting authority, on the Commission appointed by him. The Commission shall include at least one person holding a professional competence relating to the subject-matter of the contract.

(2) after the receipt of the tenders, the members of the Commission shall submit declarations for the circumstances under art. 35, para. 1 2-4.

(3) the opening of tenders shall take place under the conditions of art. 68, para. 3. After the opening of tenders, the Commission announces the pricing proposals and offers a representative from attending participants to sign technical and price proposals.

(4) the Commission shall draw up a protocol for receiving, examination and evaluation of tenders and for the classification of participants. The minutes shall be submitted to the contracting authority for approval, and then, on the same day shall be sent to the participants and shall be published on a buyer profile in terms of art. 22 (b), para. 3. "

§ 89. In art. 101 e make the following amendments and additions:

1. The current text becomes paragraph 1 and add to it "if it is in accordance with the technical specifications.

2. a para. 2:

"(2) when no offers have been submitted, the contracting authority may award the contract after holding negotiations with the contractor. In these cases, the contracting authority is bound by the estimate referred to in the invitation under art. 101 (b), para. 1, and of the technical specifications and draft contract attached to the invitation. "

§ 90. Article 101 is replaced by the following:

"Art. 101. (1) the contracting authority shall conclude a written contract that includes all the proposals by the offer of a player ranked first.

(2) upon conclusion of a contract in the first place winning participant presents:

1. documents issued by the competent authority for verifying the absence of the circumstances under art. 47, para. 1, item 1, except where the laws of the State in which it is established, provides for the inclusion of any of these circumstances in a public register or giving them officially to the contracting authority, and 2. declarations for the absence of the circumstances under art. 47, para. 5, except in cases where the contract is awarded by the contracting authority under art. 7, item 2.

(3) the contracting authority may, in succession to offer contract under the conditions of paragraphs 1 and 2. 1 and 2 with Nick, rated second and next, when the player who had the right to conclude a treaty:

1. refuse to enter into a contract;

2. do not submit any of the documents referred to in para. (2);

3. does not meet the requirements of art. 47, para. 1, item 1 or al. 5.

(4) the Contracting Authority published on a buyer profile in terms of art. 22 (b), para. 3 contracts and supplementary agreements thereto. "

§ 91. In art. 103, para. 2 item 3 shall be replaced by the following:


"3. a need has arisen to take urgent action because of the occurrence of exceptional circumstances, the consequences of which could not be overcome by observing the time limit for the open, restricted or negotiated procedures with publication of a contract notice;".

§ 92. In art. 109, para. 2 the words "can" be deleted.

§ 93. In the name of the part three "and the words" and "defense" are replaced by "and/or" defense.

§ 94. In art. 119 in, al. 3 is hereby amended as follows:

1. point 3 shall be replaced by the following:

"3. a need has arisen to take urgent action because of the occurrence of exceptional circumstances, the consequences of which could not be overcome by observing the time limits for carrying out the procedures referred to in para. 1; ".

2. point 4 shall be repealed.

§ 95. In art. 119 (g) the following amendments and supplements shall be made:

1. Create a new para. 1 and 2 and al. 3:

"(1) for public contracts under art. 3, al. 2 with the 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) with your bid participants may offer a share of the total value of the contract, which exceeds the maximum amount under para. 1.

(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. "

2. The current paragraph. 1 it al. 4 and the text before point 1 shall be replaced by the following: "where the participant is identified with its offer one or more subcontractors, which will conclude a contract for subprocessing, it is required to:".

3. The current paragraph. 2 it al. 5.

§ 96. In art. 120 al. 6 is repealed.

§ 97. In art. 121 following amendments and supplements shall be made:

1. In paragraph 8. 2, item 2, finally a comma and add "as well as the address, including email, to receive messages and summonses."

2. in the Al. 4, item 3, the words "determined by the tariff approved by the Council ' shall be deleted.

§ 98. In art. 122 (b) Al. 3 shall be amended as follows:

"(3) the Parties shall be summoned by the order of the administrative code, as the deadline for the summons was not less than three days before the meeting. Of the parties may be served notices and summons and the specified e-mail address from them. "

§ 99. In art. 122 (d), para. 4 ' in size 10 per cent "shall be replaced by the words" of up to 10 per cent ".

§ 100. In art. 122 e al. 1 shall be amended as follows:

(1) Commission for protection of competition shall decide on the appeal within one month of the formation of public procurement proceedings under art. 45 in, al. 2, and in other cases, within 15 days of the initiation of the proceeding. "

§ 101. New art. 122:

"Art. 122. o (1) for the proceedings under this chapter before the Commission for protection of competition and the Supreme Administrative Court are due State fees and expenses. State fees shall be proportionate and shall be determined by a tariff approved by the Council of Ministers.

(2) the contracting entities are exempt from payment of State fees. "

§ 102. In art. 123, para. 1, after the words "this Act" a comma and add "as well as monitoring the implementation of the contracts and framework agreements" and the second sentence: "the check is not carried out on the quality of the performance of the contract."

§ 103. In chapter twelve create art. 126 a-126 (d):

"Art. 126. In carrying out the activities under this chapter control bodies have the right to use the e-platform "electronic monitoring" (e-monitoring), which collects, preserves and provides online access to records of all committees to conduct the procedures for public contracts, framework agreements, contracts between contracting entities and contractors, additional agreements to contracts and subcontracts.

Art. 126b. In carrying out the activities under this chapter control bodies have the right to use the e-platform "electronic audit (audit). Platform e-audit "has a communications system that allows individuals and institutions provide in structured form signals a departure from the lawful conduct of the procedures under this Act and the implementation of the public procurement contracts.

Art. 126. alerts in under art. 126 b serve for confirmation and refinement of methods of verification or control as well as for the analyses for the development of anti-corruption measures.

Art. 126. The conditions and procedures for the introduction and use of the platforms under art. 126A and 126b shall be determined by the regulation for implementation of the law. "

§ 104. In art. 128 b, para. 1 the words "art. 25, para. 5 or 10 "shall be replaced by" art. 25, para. 5, 9, or 10 ".

§ 105. In art. 128 the following amendments and supplements shall be made:

1. In paragraph 8. 4, after the words "contracting authority" is added "violated art. 28, para. 6 or 7 or ".

2. in the Al. 6 the words "art. 29, para. 2 "are replaced by" article. 29, para. 3. "

3. in the Al. 7 the words "art. 89, para. 8 or art. 92 a, para. 8 "shall be replaced by the words" or art. 89, para. 8. "

§ 106. In art. 129 following amendments and supplements shall be made:

1. In paragraph 8. 4, the words "article. 12, al. 5 ' shall be replaced by "art. 12, al. 6 "and the word" utility "shall be deleted.

2. in the Al. 5, after the words "art. 101A, 101B "101" is added in, 101.

§ 107. In art. 132 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "public procurement" insert "or not published within documents and information to be entered in the buyer profile" and a comma.

2. a new paragraph. 2:

"(2) The employer who does not publish any document or information which is subject to entry in the account of the buyer, the penalty payment or fine up to 2,000 EUR, and the person referred to in art. 8, al. 2 or 3 – having a fine of up to $ 1500. "

3. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 108. In art. 133, para. 2 the words "art. 132, para. 2 "are replaced by" article. 132, para. 3. "

§ 109. Art is created. 134:

"Art. 134. (1) the contractor who contravenes the prohibitions under art. 45 a, para. 2 shall be punished by a penalty payment in the amount of 5000 to 50 000 EUR or with a fine of 1000 to 10 000 BGN.

(2) the penalties referred to in paragraph 1. 1 shall be imposed and the sub-contractor who violates the prohibition under art. 45 a, para. 4. "

§ 110. In § 1 of the additional provisions are made the following amendments and additions:

1. In paragraph 1 (b), the words "the following procedure for the award of a public contract ' shall be replaced by ' in accordance with the law".

2. in point 1 shall be replaced by the following:

"1." subcontracting "is rewarded a written contract concluded between the contractor and one or more persons, with the implementation of one or more activities of the awarded a contract with a construction entity, the supply of goods or provision of services."

3. item 5 (a):

"5a." electronic catalogue "(e-Catalog) is an online platform that allows it to be offered deliveries that have already standardized or for which it is possible to develop or enhance their own standards."

4. Point 8 is replaced by the following:

"8." exceptional circumstances "are the circumstances brought about by unforeseen events, such as the contracting authority, natural disaster, accident or catastrophe, as well as others that directly endanger the life and health of people or the environment, or can significantly hinder or distort the normal execution of motion activities of the contracting authority. Exceptional circumstance has occurred and the consequent danger to national security, the defence of the country, for the environment, for human health, for protected areas, areas and objects and to public order. "

5. Item 14 (b) shall be replaced by the following:

"14B." unforeseen circumstances "means circumstances that arose after the conclusion of the contract and are not a result of any act or omission of the parties, which could not be provided with due care and make impossible performance on the agreed conditions."

6. In paragraph 16 (a), after the word "that" is added "was entered in the list of person".

7. Section 20 is repealed.

8. an item 22A:

"22." professional competence "represents 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 civic relationships."

9. In paragraph 25, the word "persons" shall be replaced by "people".

10. In paragraph 28, add "and for which the contracting authority has provided for the issue of a separate building permit and on a separate Act for entry into service".

11. Paragraph 28 (a) shall be replaced by the following:

"28A." message to the media "is an electronic document with the contracting authority, the holder which is sent in the same day to the Bulgarian News Agency, up to at least three print media and to at least three licensed broadcasters."

12. In paragraph 30 creates a fourth sentence: "In the design and execution of construction technical specifications include the design job, and in other cases of construction – technical documentation for implementation of construction, including the approved investment project when there is one."

13. a t. 32A:

"32A." 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. "


§ 111. In annex 3 to the art. 5, al. 1, item 2 in category no 25 and annex No 6 to art. 5, al. 1, item 4 in category no 25 the words "social and ' shall be deleted.

§ 112. In other texts of the Act the words "art. 45 (a) ' shall be replaced by "art. 45.

Transitional and final provisions

§ 113. (1) within one month from the entry into force of this law the Council of Ministers shall, on a proposal from the Minister of labour and social policy update list under art. 30 of the law on integration of people with disabilities.

(2) public procurement Agency published the updated list under para. 1 in register of public procurements within 7 days of its publication in the Official Gazette and displays a hyperlink to the register under art. 29 of the law on integration of people with disabilities.

§ 114. Within 6 months from the entry into force of this Act:

1. The Council of Ministers sets rules for application of the law in accordance with this law;

2. the Agency shall draw up a public procurement list under art. 19, para. 2 item 8;

3. contracting entities shall establish internal rules under art. 22 (d), para. 1.

§ 115. (1) the procedures open to the entry into force of this law shall be completed in the previous row.

(2) where, at the entry into force of this Act has brought a complaint before the Commission for protection of competition, the appeal proceedings shall be instituted and completes the existing line in.

(3) article 42A shall apply to contracts, public procurement and subcontracts until the entry into force of this law.

§ 116. 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) in art. 87 Al is created. 10:

"(10) in the 5 days of the receipt of the request by the contracting authority under art. 7 of the law on public procurement or the body which organises the procedure for the award of a contract under the public procurement Act, the revenue body shall provide a certificate of 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. "

§ 117. In the e-Government Act (promulgated, SG. 46 2007; amended by 82/2009 and no. 20 of 2013) make the following additions:

1. In art. 3, after the word "officially" there shall be added "and free".

2. § 1, item 11 of the supplementary provisions, after the words "medical institutions" contracting authorities "shall be added under art. 7 of the law on public contracts which are not administrative bodies or organisations providing public services "and a comma.

§ 118. 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) art. 30 shall be amended as follows:

"Art. 30. The Council of Ministers shall approve the list of goods produced and delivered, the construction to be performed and the services provided, which are assigned to specialized enterprises or cooperatives of disabled persons under the public procurement Act. The list shall be published in the register of contracts under art. 21 of the public procurement Act. "

§ 119. In the law on the Court of Auditors (SG. 35 from 2014) in art. 49 following amendments and supplements shall be made:

1. In the title the words "modes" are deleted.

2. in the Al. 1, after the words "public contracts" shall be inserted "or public procurement contracts".

§ 120. 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) in art. 23, para. 4 creating a second sentence: "the prohibition shall also apply to the contracting authorities referred to in art. 7 of the law on public contracts which are beyond those listed in the first sentence. "

§ 121. The law shall enter into force on 1 July 2014 except for § 3, 4 and 37, which shall enter into force from the day of promulgation of the law in the Official Gazette, and § 5, § 11, § 12, § 13, § 15, § 17, § 19, § 20, § 22, § 23, § 26, § 27, § 30, § 35, § 39, § 61, t. 3, § § 63, 64, 71, § 2, § 73, § 75, item 2, § 85, paragraph 2, § 86 § § 96 and 103, which shall enter into force from 1 October 2014.

The law was adopted by the 42nd National Assembly on 30 April 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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