Name of law
Law amending the Law on Public Procurement




Name Bill
Bill amending the Law on Public Procurement





Date of adoption
12/04/2012



Number / year Official Gazette
33/2012







DECREE № 168
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Public Procurement Act adopted by HLI National Assembly on April 12, 2012 || | Released in Sofia on April 20, 2012
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Diana Kovacheva

Law amending the Law on Public Procurement (prom. SG. 28 of 2004 .; amend., SG. 53 of 2004 pcs. 31, 34 and 105 of 2005, pcs. 18, 33, 37 and 79, 2006, issue. 59 of 2007, pcs. 94, 98 and 102 of 2008, pcs. 24 and 82 2009 n. 52, 54, 97, 98 and 99 of 2010, pcs. 19, 43, 73 and 93 of 2011)
§ 1. In art. 3 The following amendments and additions:
1. In para. 1, p. 1, 'leasing hiring "are replaced by" renting, leasing. "
2. A new paragraph. 2:
"(2) Items of procurement are:
1. the supply of military equipment, including any parts, components and / or subassemblies thereof, including:. h. equipment included in the list of products related products adopted pursuant to Art. 2 para. 1 of the Law on Export Control of products related products and goods and dual-use technologies;
2. delivery of special equipment, including any parts, components and / or subassemblies thereof; 3
. construction and services directly related to the equipment under item. 1 and 2 for any and all elements of its life cycle;
4. works and services for specifically military purposes or special construction and special services. "
§ 2. In art. 5 following amendments and additions:
1. In para. 1 m are created. 3 and 4:
"3. public service contracts under Art. 3, para. 2 included in Annex № 5 to be awarded through a restricted procedure or negotiated procedure with notice;
4. public service contracts under Art. 3, para. 2 included in Annex № 6 to be awarded through a restricted procedure, negotiated procedure with notice or negotiated procedure without notice. "
2. A new paragraph. 3:
"(3) A public contract that includes both services applications № 5 and 6 are assigned in the order provided services whose value is higher."
Third. Former para. 3 becomes para. 4 and the words "para. 1 "is replaced with" para. 1 pt. 1 and 2 ".
§ 3. Article 8 is amended as follows:
"Art. 8a. (1) Contracting authorities may obtain supplies or services from or through a central procurement authority.

(2) The central public procurement contractor who conducts procedures and contracts or framework agreements for the needs of other entities.
(3) Where contracting entities receive supplies or services under par. 1 believe that they have complied with the law as the central procurement authority has complied with them. The central body and the contracting authority responsible for the legality of the procedure carried out.
(4) The Council of Ministers on a proposal from the Minister of Economy, Energy and Tourism can create a central authority for procurement for the needs of the executive authorities. "
§ 4. In art. 9 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) An applicant or participant can not be removed from the procedure for procurement on the basis of its status or legal-form when he has the right to provide the service, supply or works in the Member State in which it is established. "
§ 5. in art. 12 be made the following amendments:
1. In para. 1:
a) the text before item. 1 is amended as follows: "The subject of art. 3, para. 1 law does not apply to: ";
B) The t. 14 and 15:
"14. contracts awarded pursuant to an international agreement concluded in accordance with the provisions of the Treaty on the Functioning of the European Union between Bulgaria and third countries and providing supplies, services or construction of facilities intended for joint implementation or exploitation of the signatories;
15. contracts awarded by specific procedural rules of an international organization. "
2. A par. 7:
"(7) In the cases under par. 1, p. 14 entities shall notify within 7 days the Public Procurement Agency for contracts. "
§ 6. Article 13 is amended as follows:
" Art. 13. (1) This Act shall not apply to contracts with the object of art. 3, para. 2:
1. awarded by specific procedural rules:
a) according to international agreements concluded between the Republic of Bulgaria, alone or together with one or more countries - members of the European Union on the one hand and one or more third countries - the other;
B) an international organization purchasing for its purposes or to contracts which must be awarded in accordance with these rules;
2. award of which involves the provision of information whose disclosure would be contrary to the essential security interests of the country, according to Art. 346 of the Treaty on the Functioning of the European Union; 3
. awarded for the purposes of intelligence activities;

4. awarded under a cooperation program based on research and development, conducted jointly by at least two countries - members of the European Union to develop a new product and, where applicable, the later phases of all or parts of the life cycle of that product;
5. awarded in a third country where operational needs require contracts to be concluded with contractors located in the area of ​​operations, including civil carried out when forces are deployed outside the European Union;
6. awarded by the Council of Ministers to another government relating to:
a) the supply of military equipment or special equipment or
b) works and services directly related to the equipment under letter "a" or
c) works and services for specifically military purposes or special construction and special services;
7. financial services excluding insurance services;
8. awarded in pursuance of an international agreement relating to the stationing of troops and ensuring the participation of the armed forces and police forces in international missions and exercises.
(2) Upon completion of the program on par. 1, p. 4 participant of Bulgarian Party shall notify the European Commission for the share of spending on R & D relative to the total cost of the program, the agreement on cost sharing, as well as the intended share of purchases per Member - State of the Union , if available.
(3) The Council of Ministers on a proposal of the Minister of Defense, Minister of Economy, Energy and Tourism, Minister of Interior and Minister of Finance adopt an ordinance regulating:
1. criteria and procedure for determining the basic national interests in the field of security and defense within the meaning of Art. 346 of the Treaty on the Functioning of the European Union, and
2. the procedure for awarding the implementation of investment projects for acquisition and / or modernization of armament, equipment and equipment for the armed forces in cases under par. 1, p. 6; 3
. terms and conditions for the conclusion of compensation (offset) agreements - in the cases under par. 1, p. 2. "
§ 7. A Art. 13:
"Art. 13a. They may not apply the grounds of Art. 4, 12 and 13 in order to circumvent law enforcement. "
§ 8. In art. 14 be made the following amendments:
1. In para. 1:
a) in the text before item. 1 after the word "order" is added "with the object of art. 3, para. 1 ';
B) in Item. 1, 'equal to or higher than 240 000 lev "are replaced by" more than 264 000 lev "and the words" equal to or higher than 1.5 million lev " They are replaced by "higher than the 1.65 million lev"

C) in item. 2 the words "equal to or higher than 60 000 lev" are replaced by "more than 66 000 lev" and the words "equal to or higher than 120 000 lev" is replaced by "more than 132 000 Levs."
2. A new paragraph. 2:
"(2) Where the procurement are the subject of art. 3, para. 2 entities shall apply the procedures of the law in these values ​​without VAT:
1. Construction - equal to or higher than 4 million lev .;
2. supply, service and design contest - equal to or higher than 400 000 Levs. "
third. Former para. 2 becomes para. 3 and in it:
a) in the text before item. 1 after the word "order" is added "with the object of art. 3, para. 1 ';
B) in Item. 1, '240 000 to 2.4 million lev "are replaced by" more than 264 000 lev to 2.64 million lev "and the words" from 1.5 million to 6 000 000 lev "are replaced by" higher than the 1.65 million lev to 6.6 million lev "
C) in item. 2 the words "of 60,000 lev" are replaced by "more than 66 000 lev" and the words "120 000 lev" are replaced by "more than 132,000 Levs . '.
4. Former para. 3 becomes para. 4 and in it:
a) in the text before item. 1 after the word "order" is added "with the object of art. 3, para. 1 ';
B) in Item. 1, 'from 45 000 to 240 000 lev "is replaced by" 60 000 to 264 000 lev "and the words" 500 000 to 1.5 million lev "are replaced by" from 670,000 to 1.65 million lev "
C) in item. 2 the words "from 15 000 to 60 000 lev" is replaced by "from 20 000 to 66 000 lev" and the words "60 000 to 120 000 lev 'is replaced by' 66 000 to 132 000 Levs. "
5. Former para. 4 becomes para. 5 and in it:
a) in the text before item. 1 conjunction "or" is replaced by "and" and the words "at the expense of funds on these values ​​without VAT" is replaced by "orders of art. 3, para. 1 value excluding VAT ";
B) in Item. 1, '45 000 lev "is replaced by" 60 000 lev "and the words" 500 000 lev "with" 670 000 lev "
C) in item. 2 the words "15 000 lev" is replaced by "20 000 lev" and the words "60 000 lev" with "66 000 lev"
D) in item. 3 the words "60 000 lev" is replaced by "66 000 Levs."
6. Former para. 5 becomes para. 6 and the words "para. 4 pt. 2 and 3 "are replaced with" para. 5 pt. 2 and 3 ".
7. A par. 7:
"(7) The contracting authorities not to apply the procedures of the law and the terms and conditions of Chapter Eight," a "for procurement of art. 3, para. 2 of less than specified in par. 2 but are required to sign a written contract. "
§ 9. In art. 14 is amended as follows:
1. In para. 3, 'more than 2.4 million lev "are replaced by" equal to or higher than the 2.64 million lev. "
2. In para. 4 words "377 469 lev" is replaced by "391 160 Levs."
§ 10. In art. 15 be made the following amendments:
1. In para. 2 pt. 3 finally added "or renewals."
2. In para. 3 words "under Art. 90, para. 1, p. 9 and Art. 103, para. 2 pt. 8 "is replaced by" Art. 90, para. 1, p. 9 Art. 103, para. 2 pt. 8 and Art. 119B, para. 3 pt. 12 ". 3
. In para. 4 words "2 or 3" are replaced by "2, 3 or 4".
§ 11. In art. 16c make the following changes and additions:
1. Paragraph 1 shall be amended as follows:
"(1) The contracting authority is obliged to retain the right to participate in procedures for the procurement of specialized enterprises or cooperatives of people with disabilities when:

1. subject of the contract is included in the list approved by the Council of Ministers, or
2. contract runs programs to protect the employment of persons with disabilities. "
2. Created al. 3, 4, 5 and 6:
"(3) In the cases under par. 1, p. 1 specialized enterprises or cooperatives of people with disabilities participate, provided they can meet at least 80 percent of the subject of the contract with its own production and resources or subcontractors who also have specialized enterprises or cooperatives of people with disabilities.
(4) National representative organizations of and for people with disabilities each year to 30 September of the current year published on the Public Procurement Portal information about the capacities of their members.
(5) The contracting authority opens for the next calendar year contract under par. 1, p. 1 when it can be performed by specialized enterprises and cooperatives of people with disabilities according to the information under par. 4.
(6) If after the procedure under par. 1 is not selected contractor, the contracting authority may open a new procedure under Art. 16 para. 8 or art. 103, para. 1, without the right of participation of specialized enterprises or cooperatives of people with disabilities. Entity shall specify in the decision to initiate the reasons for the termination of the previous procedure. "
§ 12. In art. 19 be made the following amendments:
1. In para. 2:
a) in Item. 17, the words "Art. 13 para. 1, p. 3 "are replaced with" Art. 12 para. 1 pt. 14 ";
B) in Item. 22, letter "a" number "2.4 million lev" is replaced by "2.64 million lev."
2. In para. 3 finally added a comma and added "and to approve document templates."
Third. In para. 5 the first sentence is amended as follows: "The guidelines under par. 2 pt. 1 are required for the control authorities Art. 123, para. 1 when coordinated with them. "
§ 13. In art. 20a is amended as follows:
1. In para. 3 words "10 days" is replaced by "14 days".
2. Paragraph 4 is amended as follows:
"(4) Simultaneously with the dispatch of the decision and notice of initiation published in the register contracting entity sends to the agency and approved methodology for evaluation of tenders - in criterion most economically advantageous tender. If it does not take into account the recommendations in the opinion paragraph. 3, the contracting authority may apply and written reasons. "
§ 14. In art. 23 be made the following amendments:
1. In para. 1:
a) in item. 2 the words "more than 2.4 million lev" are replaced by "equal to or higher than the 2.64 million lev, and when the contract is art. 3, para. 2 - equal to or higher than 4 million lev "
B) the item. 3:
"3. the supply of goods under Art. 3, para. 2 and services under Art. 5 para. 1, p. 3 categories when the total value excluding VAT for the category of goods or services is equal to or greater than 1 million lev. "
2. Paragraph 4 is amended as follows:

"(4) The contracting authorities must send preliminary notices only when you intend to use the shortened periods of art. 64 para. 2, Art. 81, para. 2 and art. 104, para. 1. "
§ 15. In art. 26 be made the following amendments:
1. A new paragraph. 2:
"(2) For the procurement of art. 3, para. 2 addition to the requirements under par. 1 contracting authority may provide specific requirements for performance of the contract related to subcontracting, or those aimed at ensuring the security of classified information and / or security of supply. "
2. Former para. 2 becomes para. 3.
§ 16. In art. 26a be made the following amendments:
1. In para. 3 after the words "item. 2 "a comma and added" when aspects and impacts under par. 1 are presented in monetary terms. "
2. In para. 4 pt. 2 the words "para. 2 "is replaced with" para. 3 '.
§ 17. In art. 27 be made the following amendments:
1. A par. 1:
"(1) notices a value below the thresholds specified in Art. 45a para. 2 are prepared in accordance with relevant form approved under Art. 19, para. 7. "
2. The previous text becomes para. 2.
§ 18. In art. 27a be made the following amendments:
1. In para. 1 the word "concerned" is replaced by "interested."
2. In para. 9 created item. 3:
"3. term of art. 51, para. 3 is not sufficient. "
§ 19. In art. 28 be made the following amendments:
1. A new paragraph. 5:
"(5) The contracting authority may specify in the documentation bodies from which applicants or participants can obtain the necessary information on the obligations relating to taxes and social security, environmental protection, employment protection and working conditions that in force in the country or in the country where you have to perform construction or to provide services and which are applicable to the works or services provided. "
2. Former para. 5 becomes para. 6 and the words "Art. 14, para. 2 "are replaced with" Art. 14, para. 3 '. 3
. Former para. 6, 7 and 8 become par. 7, 8 and 9.
§ 20. In art. 29, para. 2 words "Art. 14, para. 2 "are replaced with" Art. 14, para. 3 '.
§ 21. In art. 30 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) In the documentation for participation in public procurement contracting authority defines the technical specifications by:
1. indication in the following order:
a) Bulgarian standards transposing European standards;
B) European technical approvals;
C) generally accepted technical specifications;
D) Bulgarian standards transposing international standards;
E) other international standards;

E) other technical references established by the European standardization bodies or in case of their absence - other national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of construction, and to the use of the goods;
G) technical specifications established and widely accepted by the industry;
H) national standards in defense and similar specifications for equipment and supplies in the field of defense;
2. in terms of performance or functional requirements that allow accurate determination of the contract; functional requirements may include requirements for environmental protection; 3
. determination of performance or functional requirements by reference to technical specifications under p. 1, the reference to that taken for achieving compliance;
4. an indication of the specifications under item. 1 as part of the performance, and for others - in terms of performance or functional requirements under item. 2. "
2. A new paragraph. 2:
"(2) All references to specific standard specification, technical approval or other technical reference under par. 1, p. 1 should be supplemented by adding the words "or equivalent". "
Third. Former para. 2 becomes para. 3 and in it:
a) the text before item. 1 is amended as follows: "In the cases under par. 1 pt. 2 where the contracting authority provided the requirements for environmental protection, it may use specifications or parts of European and national schemes for eco-labels or other labels that meet all the following conditions: ";
B) in Item. 1 the word "supply" is replaced by "catalog";
C) in item. 2 the word "label" is replaced by "CE";
D) in item. 3 the word "eco-labels" is replaced by "eco-labels".
4. Former para. 3 becomes para. 4 and in her words "eco-label" is replaced by "eco".
5. Former para. 4 becomes para. 5 and is amended as follows:
"(5) In the cases under par. 3 entity accepts any other means of proving compliance as a technical dossier from the manufacturer or a test report or certificate from a recognized body. "
§ 22. In art. 31 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) When providing the technical specifications of the candidate or the procedures when concluding the contract for procurement contracting authority may set requirements for the protection of confidential or classified information. The contracting authority may ask candidates or tenderers to ensure compliance with these requirements by their subcontractors. "

2. In para. 2 after the word "participants" a comma and add "including their subcontractors."
§ 23. In art. 32, para. 2 is amended as follows:
1. In the first sentence, the word "goods" is replaced by "products".
2. In the second sentence the words "Art. 30 "shall be replaced with" Art. 30 para. 1 and Art. 33 "and the word" equivalent "is replaced by" equivalent ".
§ 24. In art. 33 is amended as follows:
1. In para. 1 the words "Art. 30 para. 1 pt. 1 or 2 "are replaced by" Art. 30 para. 1 pt. 1 "and the words" with any relevant document "are replaced by" adequate means to meet the contracting authority '.
2. Paragraphs 2 and 3 are amended as follows:
"(2) In the cases of art. 30 para. 1, where technical specifications are determined by performance or functional requirements, the contracting authority can not exclude a tender that complies with the Bulgarian standard transposing a European standard; European Technical Approval; of generally accepted technical specification; an international standard or technical reference established by the European standardization bodies when the participant proves in his tender by appropriate means, that such standardization documents relate to specified by the contracting authority.
(3) In the cases under par. 1 and 2 for appropriate means of proof of equivalence achieved in meeting requirements set out in the technical specifications are considered and technical dossier from the manufacturer or test reports or certificates from a recognized body. "
§ 25. In Chapter Three section IV, Art. 33a:
"Art. 33a. Contracting entities shall recognize certificates from recognized bodies. "
§ 26. In art. 34 be made the following amendments:
1. In para. 2 words "para. 2 "is replaced with" para. 3 '.
2. A new paragraph. 4:
"(4) For procurement or containing require classified information, members of the commission can be only persons authorized to access classified information in accordance with the requirements of the protection of classified information."
§ 27. In art. 39 made the following amendments:
1. In para. 1, p. 5 the word "including" is replaced by "or".
2. In para. 2, the pt. 4:
"4. the grounds of Art. 79, para. 9 pt. 2, Art. 83d para. 8 pt. 2 and art. 88, para. 8, item. 2. "
§ 28. In art. 41b are made the following amendments:
1. In para. 1:
a) the text before item. 1 is amended as follows: "Invalid against persons under Art. 122i, para. 1 are contracts or framework agreements concluded: ";
B) in item. 2, 'art. 90, para. 1 or Art. 103, para. 2 "are replaced with" Art. 90, para. 1, Art. 103, para. 2 or art. 119B, para. 3 '.
2. In para. 2 after the word "contract" insert "or framework agreement."

§ 29. In art. 41c, para. 1 the words "Art. 4 pt. 2, 4 and 5, Art. 12 para. 1, p. 2-9, 11, 12 and 13, Art. 13 para. 1 pt. 3 and 4, Art. 90, para. 1 or Art. 103, para. 2 "are replaced with" Art. 4 pt. 2, 4 and 5, Art. 12 para. 1, p. 2-9, 11-15, Art. 13 para. 1, Art. 90, para. 1, Art. 103, para. 2 or art. 119B, para. 3 '.
§ 30. In art. 43 make the following additions:
1. In para. 2, the pt. 6:
"6. contracts under Art. 3, para. 2 worth over 50 mln. Levs in the event of circumstances that could not have been foreseen at the time of conclusion of the contract as a result of that contract concerns the legitimate interests of any party. "
2. A par. 5:
"(5) The contracting authority is obliged to terminate the contract based on a framework agreement, which was declared invalid on the grounds of Art. 41b para. 1. "
§ 31. In art. 44 is amended as follows:
1. In para. 3 first sentence is amended as follows: "Information under par. 1, the disclosure of which is contrary to law or the public interest, including in the fields of defense and security, does not fit into the Public Procurement Register. "
2. Paragraph 7 is amended as follows:
"(7) The contracting authorities may publish information about the contract and, where applicable:
1. Article 4 pt. 2, 4 and 5, Art. 12 para. 1, p. 2-9, 11-15 and if the contracts are worth more than the minimum thresholds of art. 14, para. 4;
2. Article 13, para. 1 if the contracts are values ​​specified in Art. 14, para. 2. "
third. In para. 10 words "Art. 14, para. 3 and 4 "shall be replaced with" Art. 14, para. 4 and 5 '.
§ 32. In art. 45a is amended as follows:
1. Paragraph 2 is amended as follows:
"(2) The documents under par. 1 sent when:
1. assignors under art. 7, p. 1, which are central executive authorities, their associations and entities under Art. 7 pt. 2 and 4 procure under Art. 3, para. 1 value excluding VAT equal to or greater than:
a) 9.779 million lev - for construction;
B) 254 254 lev - supply services under Annex № 2 and design contest;
C) 391 160 lev - for services under Annex № 2, category 8 telecommunications services in category 5, equivalent to CPV reference numbers 7524, 7525 and 7526, services Annex № 3, and a design contest associated with these services;
2. assignors under art. 7, p. 1, which are territorial executive authorities, their associations and entities under Art. 7, p. 3, procure under Art. 3, para. 1 value excluding VAT equal to or greater than:
a) 9.779 million lev - for construction;
B) 391 160 lev - supply, service and design contest; 3
. assignors under art. 7, p. 1 which operate in the field of defense, procure under Art. 3, para. 1 of value excluding VAT equal to or greater than:
a) 9.779 million lev - for construction;
B) 391 160 lev - supply and 254,254 lev -
supply Annex № 4;

4. entities that operate in the field of defense and central bodies of executive power, procure, under Art. 3, para. 1 of value excluding VAT equal to or greater than:
a) 254 254 lev - for services under Annex № 2 and design contest;
B) 391 160 lev - for services under Annex № 2, category 8 telecommunications services in category 5, equivalent to CPV reference numbers 7524, 7525 and 7526, services Annex № 3, and a design contest associated with these services;
5. entities that operate in the field of defense and territorial executive authorities awarding public contracts under Art. 3, para. 1 service and design contest of values ​​without VAT equal to or higher than 391 160 lev .;
6. assignors under art. 7, p. 5 or 6 procure under Art. 3, para. 1 value excluding VAT equal to or greater than:
a) 9.779 million lev - for construction;
B) 782 320 lev - supply, service and design contest;
7. assignors under art. 7 procure under Art. 3, para. 2 value excluding VAT equal to or greater than:
a) 9.779 million lev - for construction;
B) 782 320 lev - supply, service and design contest. "
2. In para. 3, '9475851 lev "are replaced by" 9.779 million lev. " 3
. In para. 4 words "377 469 lev" is replaced by "391 160 Levs."
4. Paragraph 5 shall be amended as follows:
"(5) The contracting authorities sent under par. 1 and preliminary notices or announcements publication of preliminary notices on the buyer profile as procurement art. 3, para. 1 of categories of supply and service categories listed in Annex № 2 to art. 5 para. 1, p. 1 have the BGN equivalent equal to or higher than € 750,000, the official exchange rate of the lev against the euro and the procurement of art. 3, para. 2 - values ​​equal to or higher than those specified in par. 2 pt. 7. Contracting authorities must send preliminary notices only when you intend to use the shortened periods of art. 64 para. 2, Art. 81, para. 2 and art. 104, para. 1. "
5. In para. 11 pt. 1 the word "complete" is replaced by "publish".
6. In para. 13 words "Art. 12 para. 1, p. 2-9, 11, 12 and 13 and Art. 13 para. 1 pt. 3 and 4 "shall be replaced with" Art. 12 para. 1, p. 2-9, 11-15 and art. 13 para. 1 ".
§ 33. In art. 47 be made the following amendments:
1. In para. 1 pt. 1 a letter "e":
"is) an offense under Art. 108a of the Criminal Code - the award of contracts under Art. 3, para. 2. "
2. In para. 2:
a) in the text before item. 1 last comma and the word "which" shall be deleted;
B) in Item. 1 at the beginning insert "that";
C) Section 2 is amended as follows:
"2. who is deprived of the right to practice a profession or activity under the law of the State in which the offense was committed, including violations related to the export of products in the field of defense and security; "
d) the item. 2a:

"2a. who is guilty of defaulting on a public contract, including the security of information and security of supply contracts under Art. 3, para. 2, proven by the developer by a final judgment; "
e) t. 3 and 4 at the beginning insert" that ";
E) shall be created so. 5 and 6:
"5. who was convicted by a final judgment of an offense under Art. 313 of the Criminal Code in connection with the implementation of procedures for the award of public contracts;
6. who is revealed by security services under the Law on protection of classified information, based on any evidence, including intelligence means that it has the necessary reliability, which excludes a threat to national security in the procurement of art . 3, para. 2. "
third. In para. 4 in the text before item. 1 the words "para. 2 pt. 2 "is replaced with" para. 2 pt. 2 and 5 ".
4. In para. 6 words "para. 2 pt. 1 and 3 "are replaced with" para. 2 pt. 1, 3 and 4 ".
5. In para. 7 the words "Art. 90, para. 1, p. 12 and Art. 103, para. 2 pt. 11 "are replaced by" Art. 90, para. 1, p. 12, Art. 103, para. 2 pt. 11 and Art. 119B, para. 3, p. 10 ".
6. In para. 9, "par. 2 "is replaced with" para. 2 pt. 1-5. "
7. In para. 10 words "para. 2 "is replaced with" para. 2 pt. 1, 2, 3 and 5 ".
§ 34. In art. 51 made the following amendments:
1. In para. 1:
a) in item. 1 after the word "years" insert "and for orders under Art. 3, para. 2 - in the last five years "and a comma;
B) point 3 is amended as follows:
"3. a description of the technical facilities and measures for quality assurance and test equipment and testing and, where contracts under Art. 3, para. 2 - and the internal rules of the participant in relation to intellectual property; "
c) pt. 6 the words" institutions or agencies "are replaced by" persons ";
D) point 9 shall be amended as follows:
"9. Statement of the technical equipment available to the candidate or tenderer for the execution of a contract for services or construction, and in all cases of procurement of art. 3, para. 2 - and the number of employees and know-how and / or sources of supply with an indication of the geographical location when it is outside the European Union available to the candidate or tenderer to perform the contract, cope with any increase the needs of the contracting authority as a result of a crisis or carry out the maintenance, modernization or adaptation of the supplies covered by the contract; "
e) the item. 12:

"12. permit, certificate or confirmation for access to classified information under the Law on protection of classified information, including the ability to process, store and transmit such information at the level of protection required by the contracting authority - in the case of contracts that contain or require classified information. "
2. In para. 2 words "efficiency, experience and reliability" are replaced with "efficiency and expertise". 3
. A par. 3:
"(3) The contracting authority may specify in the notice additional time in which persons who do not possess a permit, certificate or confirmation under par. 1, p. 12, to present the document. At the time limit for receipt of requests to participate these persons shall submit to the contracting authority a declaration of consent for the examination and the necessary documents under the protection of classified information being sent by the developer to the competent security service. "
§ 35. In art. 52, the first sentence after the word "purpose" insert "and in all cases of procurement of art. 3, para. 2 ".
§ 36. In Chapter Four, Section I create art. 53c:
"Art. 53c. (1) In cases of art. 51, para. 1, p. 12 entities recognize permissions for access to classified information issued in accordance with the laws of the State - State of the Union in which the candidate or tenderer is established, in the presence of an effective international treaty or bilateral agreement on protection of classified information on which Bulgaria is a party. This does not preclude contracting authority under the terms and conditions of the Law on Protection of Classified Information request any additional studies in the Member - State of the European Union.
(2) Subject to the Law on Protection of Classified Information entity may ask the national security authority in the country of the applicant to check the conformity of the premises and facilities that may be used, production and administrative procedures that will be followed methods for managing information and / or condition of the staff can be employed to carry out the order. "
§ 37. In art. 56 be made the following amendments:
1. In para. 1 p. 11 is amended as follows:
"11. a declaration that the requirements for the protection of employment, including minimum cost of labor and working conditions - in the cases of art. 28, para. 5. "
2. In para. 3 pt. 3 Finally, 'or services'.
§ 38. In art. 59 made the following amendments:
1. In para. 5 pt. 2, 'art. 14, para. 2 "are replaced with" Art. 14, para. 3 '.
2. A par. 6:

"(6) The contracting authority does not require guarantees for participation and performance in procurement of art. 16c. "
§ 39. In art. 64 para. 1 the words "Art. 14, para. 2 "are replaced with" Art. 14, para. 3 '.
§ 40. In art. 69 para. 2 is repealed.
§ 41. In art. 75 para. 1, first sentence finally put a comma and added "in the case of art. 3, para. 2 - less than three ".
§ 42. In art. 77 be made the following amendments:
1. In para. 3:
a) pt. 6 finally added "except in cases of contracts subject of art. 3, para. 2 ";
B) point 8 is amended as follows:
"8. a declaration that the requirements for the protection of employment, including minimum cost of labor and working conditions - in the cases of art. 28, para. 5; ".
2. In para. 5 pt. 3 Finally, 'or services'.
§ 43. In art. 79 be made the following amendments:
1. Create a new paragraph. 3 and 4:
"(3) The contracting authority shall determine the conditions for participation to persons other than members of the Commission in order of art. 3, para. 2 containing or require classified information.
(4) Where the number of candidates who meet the requirements set out in the notice of the procedure exceeds the announced maximum number of persons who will be invited to submit tenders, the committee shall select based on specified in the announcement objective and non-discriminatory criteria . "
2. Former para. 5 is amended as follows:
"(5) The Commission shall draw up a protocol on the results of the selection, which contains:
1. composition of the commission and a list of consultants;
2. list of candidates who do not meet the requirements announced by the assignor and the reasons for this, including in the case of an object of art. 3, para. 2, where the requirements are not met on the protection of classified information and security of supply; 3
. list of candidates who meet the requirements announced by the assignor respectively selected candidates based on specified in the announcement objective and non-discriminatory criteria - when their number exceeds the limit specified in the notice;
4. date of issuance of the protocol. "
third. Former para. 3 and 4 shall become par. 6 and 7.
4. Former para. 6 becomes para. 8 and is amended as follows:
"(8) If the number of candidates meeting the selection criteria and the minimum is below minimum specified in the notice, the contracting authority may continue the procedure by inviting all candidates who have the required capabilities . "
5. Former para. 7 becomes para. 9 and amended as follows:
"(9) In awarding contracts under Art. 3, para. 2, after carrying out the pre-selection entity establishes that the number of candidates meeting the selection criteria and the minimum is too low to ensure genuine competition, it can:

1. publishes original notice again and repeat the selection phase for new entrants applications or
2. terminate the procedure. "
6. Created al. 10 and 11:
"(10) In the cases under par. 9, p. 1 entity invites the candidates selected after the first and second publication to submit tenders.
(11) The contracting authority may invite to submit offers persons who are not applying to participate, or candidates who do not have the required capabilities. "
7. Former para. 8 becomes para. 12 and in her first sentence is amended as follows: "Within 5 working days from the date of acceptance of the protocol containing the final results of the selection, the contracting authority announces a decision the candidates who will be invited to submit tenders."
8. Former para. 9 becomes para. 13 and the words "para. 8 "are replaced with" para. 12 ".
9. A par. 14:
"(14) At the written request of the applicant within the period prescribed for appealing the decision, the contracting authority is obliged within three days from receipt to provide him with a copy or access to the minutes depending on the request of the applicant. The contracting authority may refuse access to information contained in the record, when the provision is contrary to law or prevents, restricts or distorts competition or disclosure would be contrary to the security interests of the country. "
§ 44. Article 82 is amended so:
"Art. 82. (1) The offer shall be submitted in a sealed opaque envelope under Art. 57, para. 1 4 - 6.
(2) envelope under par. 1 contains two separate sealed opaque envelopes as follows:
1. № 1 envelope marked "Proposal of execution", which put the documents under Art. 56 para. 1 pt. 7 and 9 relating to the performance of the contract, according to the chosen criterion by the contracting authority and referred to in the documentation requirements;
2. № 2 envelope marked "Price", which contains the price proposal of the participant.
(3) The Commission, appointed by the contracting authority for examination, evaluation and ranking of bids began work after receiving the list of submissions.
(4) When changing the date and time of opening of tenders participants are notified in writing.
(5) The opening of tenders is public and may be attended by participants in the procedure or their authorized representatives, and representatives of mass media and non-profit purpose.
(6) The contracting authority shall determine the conditions for participation to persons other than members of the Commission in order of art. 3, para. 2 containing or require classified information.

(7) The Commission opens bids in order of their receipt and check for the presence of two separate sealed envelopes, then at least three of its members sign the envelope № 2. The Commission proposes that a representative of the attending participants to sign the envelope № 2 of the other participants.
(8) In the presence of persons under par. 5 Commission opened an envelope № 1 disclose the documents it contains and at least three of its members sign them. The Commission proposes a representative of the attending participants to sign documents in an envelope № 1 of the other participants.
(9) Following completion of action under par. 7 and 8 ending the public part of the meeting of the committee.
(10) The Commission shall examine, evaluate and rank the tenders pursuant to Art. 69a, 70 and 71, while their work may check the data of the offers under Art. 68, para. 11. "
§ 45. Article 83 is amended as follows:
" Art. 83. (1) After completion of the work the committee compiled a record that contains:
1. composition of the commission and a list of consultants;
2. results of the examination and evaluation of the admitted bids, including a brief description of the proposals of the participants and assessments of each indicator when the criterion for assessing the most economically advantageous tender; 3
. list of participants whose bids have been proposed for removal and the reasons for that;
4. classification of successful tenderers admitted to viewing and evaluation;
5. date of issuance of the protocol;
6. if any - dissenting opinions by the reasons of the commission members.
(2) The minutes of the committee shall be signed by all members and submitted to the contracting authority together with all the documentation.
(3) The Commission shall complete its work by adopting the minutes of the contracting authority.
(4) The contracting authority shall performer with a reasoned decision in term of art. 73, para. 1. The decision shall indicate the ranking of participants eliminated participants and the reasons for their removal.
(5) The contracting authority enters into contract with the selected contractor. The contract may be concluded with the second-ranked in terms of Art. 74, para. 2.
(6) The contracting authority shall provide access to the minutes of the participants in terms of art. 79, para. 14. "
§ 46. Article 83d is amended as follows:
" Art. 83d. (1) conducting the procedure contracting authority shall appoint a commission under Art. 34-36.

(2) The Commission under par. 1 examines the applications pursuant to Art. 68, para. 7-11 and selects applicants on the basis of the notice in accordance with documents certifying their economic and financial standing, technical capacity and / or qualification to perform the contract. Candidates or their authorized representatives, and representatives of the media and legal non-profit entities are eligible to attend the opening of the applications, except in cases of art. 79, para. 3.
(3) When the number of candidates who meet the requirements set out in the notice of the procedure exceeds the announced maximum number of persons who will be invited to participate in the dialogue, the committee selects based on objective indicated in the notice and non-discriminatory criteria.
(4) The Commission shall draw up a protocol on the results of the selection, which contains:
1. composition of the commission and a list of consultants;
2. list of candidates who do not meet the requirements announced by the assignor and the reasons for this, including in the case of an object of art. 3, para. 2, where the requirements are not met on the protection of classified information and security of supply; 3
. list of candidates who meet the requirements announced by the assignor respectively selected candidates based on specified in the announcement objective and non-discriminatory criteria - when their number exceeds the limit specified in the notice;
4. date of issuance of the protocol.
(5) In the event that the developer has not included in the notice limit the number of candidates who will be invited to participate in the dialogue, he is obliged to invite all candidates who meet the selection criteria and the minimum technical requirements opportunities.
(6) In the event that the developer has included in the notice limit the number of candidates who will be invited to participate in the dialogue, he is obliged to invite a number of candidates at least be equal to the predetermined minimum.
(7) When the number of candidates meeting the selection criteria and the minimum is below minimum specified in the notice, the contracting authority may continue the procedure by inviting all candidates who have the required capabilities.
(8) procurement of art. 3, para. 2, after carrying out the pre-selection entity establishes that the number of candidates meeting the selection criteria and the minimum is too low to ensure genuine competition, it can:
1. publishes original notice again and repeat the selection phase for new entrants applications or

2. suspend the procedure.
(9) In the cases under par. 8 pt. 1 entity invites the candidates selected after the first and second posting to engage in dialogue.
(10) The contracting authority may invite to participate in the dialogue persons who are not applying to participate, or candidates who do not have the required capabilities.
(11) Within 5 working days from the date of acceptance of the protocol containing the final results of the selection, the contracting authority announces a decision the candidates who will be invited to participate in the dialogue. The decision to include candidates who do not meet the requirements announced by the assignor and the reasons for it.
(12) Within three days of the decision under par. 11 contracting sent simultaneously to all candidates and the candidates under par. 4 pt. 3 sent a written invitation to dialogue.
(13) pre-selection contracting authority has the right to require the applicant has no right to submit a tender. "
§ 47. In art. 83E, para. 2 the word "basic" is deleted.
§ 48. In art. 83z words "Art. 73 and 74 "are replaced by" Art. 83, para. 4-6. "
§ 49. In art. 88 be made the following amendments:
1. In para. 2, second sentence finally put a comma and added "except in cases of art. 79, para. 3 '.
2. Paragraph 3 is amended as follows:
"(3) Where the number of candidates who meet the requirements set out in the notice of the procedure exceeds the announced maximum number of persons who will be invited to participate in the negotiations, the committee selects based referred to in the announcement objective and non-discriminatory criteria. "
third. A new paragraph. 4:
"(4) The Commission shall draw up a protocol on the results of the selection, which contains:
1. composition of the commission and a list of consultants;
2. list of candidates who do not meet the requirements announced by the assignor and the reasons for this, including in the case of an object of art. 3, para. 2, where the requirements are not met on the protection of classified information and security of supply; 3
. list of candidates who meet the requirements announced by the assignor, or the selected candidates based on specified in the announcement objective and non-discriminatory criteria - when their number exceeds the limit specified in the notice;
4. the date of the protocol. "
4. Former para. 5 is amended as follows:
"(5) In the event that the developer has not included in the notice limit the number of candidates who will be invited to participate in the negotiations, he is obliged to invite all candidates who meet the selection criteria and the minimum requirements for technical capabilities. "
5. Former para. 4 becomes para. 6.
6. Former para. 6 becomes para. 7.
7. Former para. 7 becomes para. 8 and amended as follows:

"(8) In awarding contracts under Art. 3, para. 2, after carrying out the pre-selection entity establishes that the number of candidates meeting the selection criteria and the minimum is too low to ensure genuine competition, it can:
1. publishes original notice again and repeat the selection phase for new entrants applications or
2. terminate the procedure. "
8. A new paragraph. 9:
"(9) In the cases under par. 8 pt. 1 entity invites the candidates selected after the first and second publishing, to negotiate. "
9. A par. 10:
"(10) The contracting authority may invite to participate in the negotiations persons who are not applying to participate, or candidates who do not have the required capabilities."
10. Former para. 8 becomes para. 11 and in her first sentence is amended as follows: "Within 5 working days from the date of acceptance of the protocol containing the final results of the selection, the contracting authority announces a decision the candidates who will be invited to participate in the negotiations."
11. Former para. 9 becomes para. 12 and the words "para. 8 "are replaced with" para. 11 "and the words" para. 7, p. 3 "are replaced with" para. 4 pt. 3 ".
§ 50. In art. 89 be made the following amendments:
1. In para. 6 is a second sentence: "The decision indicates the ranking of participants eliminated participants and the reasons for their removal."
2. Paragraph 8 is amended as follows:
"(8) The sponsor provides participants access protocol under Art. 79, para. 14. "
§ 51. In art. 90 is amended as follows:
1. In para. 1, p. 13 the words "Art. 14, para. 2 "are replaced with" Art. 14, para. 3 '.
2. In para. 2 words "and 9" are deleted.
§ 52. In art. 92a be made the following amendments:
1. Paragraph 8 is amended as follows:
"(8) The contracting authority shall provide access to the minutes of the participants in terms of art. 79, para. 14. "
2. In para. 9, 'the Law on Commodity Exchanges and Wholesale Markets "are replaced by" the rules of the Exchange. " 3
. In para. 10 after the words "under the" insert "Part Three of".
§ 53. In art. 93D words "central authority" are replaced by "central authority" and the words "by or" be deleted.
§ 54. In art. 97, para. 2 words "contains 650 words and" are deleted.
§ 55. In art. 101a everywhere the words "para. 3 "are replaced with" para. 4 ".
§ 56. In art. 101B, para. 2, the new second sentence: "The period runs from the day following the day of publication." And the current second sentence becomes the third sentence.
§ 57. In art. 101e is amended as follows:
1. In para. 1, 'the designated contractor "shall be replaced with" any proposals from the offer of the selected contractor. "
2. In para. 2 words "appointed contractor" shall be replaced with "designated agent".
§ 58. In art. 103 made the following amendments:

1. In para. 2 pt. 12 words "para. 2 "is replaced with" para. 3 '.
2. In para. 5 after the words "under the" insert "Part Three of".
§ 59. In art. 105 par. 9 is repealed.
§ 60. In art. 111 is amended as follows:
1. In the text before item. 1, 'announced the award of a contract by "be replaced with" find ".
2. In item. 2 the word "published" is replaced by "published". 3
. In item. 3 words "para. 9 "is replaced with" para. 8 ".
§ 61. A third part of "a" with art. 119a - 119o:
"PART III" and "
PROCUREMENT IN THE FIELD OF DEFENCE AND SECURITY
Chapter Ten" and "GENERAL RULES

I
Section Basics | || Art. 119a. (1) The provisions of this section shall apply to the procurement of art. 3, para. 2 worth of art. 14, para. 2.
(2) In the event that for any activity - subject of public procurement rules are applicable to this part and to other activity - the rules of Part Two and Part Three shall be awarded under this part, provided that the objective reasons justified the award of a general order.
(3) In the event that for any activity - subject of public procurement rules are applicable to this part, and other activity on the subject is beyond the scope of the law and objective reasons justified the award of a general order, for that contract law does not apply.
(4) Do not allow the decision to award the general contract for the implementation of this part or exclude from the scope of the law.
Art. 119b. (1) Contracting authorities may obtain supplies or services from or through a central procurement authority, which is:
1. assignor under Art. 8a par. 2, established by the Council of Ministers, or
2. European public authority that is not contracting.
(2) Where contracting entities receive supplies or services under par. 1 believe that they have complied with the law far:
1. authority under par. 1, p. 1 complied with the rules of this part;
2. applied by the authority under par. 1, p. 2 rules comply with the provisions of this part and the rules for appeal.
(3) The central and the contracting authority responsible for the legality of the procedure carried out. Section II


Procedures Art. 119B. (1) Public procurement under this part shall be awarded by restricted procedure and negotiated procedure with notice, unless there are conditions for conducting the competitive dialogue procedure and negotiating without notice.
(2) The contracting authority may award a contract through a competitive dialogue, where the conditions under Art. 83a para. 1 and 2.
(3) Contracting authorities decide on the award of negotiated contracts without notice only when:

1. restricted procedure competitive dialogue or the negotiated procedure with a notice has been terminated since no applications to participate or not admitted candidates or not submitted any offer and the initial conditions are not substantially altered;
2. restricted procedure competitive dialogue or the negotiated procedure with notice is terminated since the tenders submitted did not meet the previously announced terms, invited only candidates who have bid in the procedure terminated, and the initial conditions are not substantially altered; 3
. in need of urgent action as a result of the crisis can not meet deadlines for the restricted procedure or the negotiated procedure with a notice in point. h. those under Art. 76, para. 3 and art. 86, para. 3, including the cases of art. 119e, para. 1 pt. 2, letter "a";
4. there is need for urgent action, arising from the occurrence of an event of extraordinary nature which the contracting entity exercising due care could not or was not obliged to foresee or prevent and overcome what they can not meet deadlines for conducting restricted procedure or negotiated procedure with notice;
5. for technical reasons or for reasons connected with protection of exclusive rights, the contract can be awarded only to a particular contractor;
6. the contract is subject services for research or development, except in cases of art. 4 pt. 4 and art. 13 para. 1, p. 4;
7. catalog - subject to supply produce for research, experimentation, research and development and are limited, which prevents the formation of market price or reimbursement for this activity;
8. require additional supplies from the same supplier intended as a partial replacement or to increase supply in which a change of supplier would compel the contracting authority to acquire goods having different technical characteristics which would result in incompatibility or substantial technical difficulties in operation and maintenance;
9. subject of the contract is the supply of goods traded on the Stock Exchange;
10. for a short period occur favorable conditions for the supply of goods at prices lower than the market, including the sale of assets of companies in liquidation or bankruptcy;
11. due to unforeseen circumstances required the award of additional works or services to the same contractor under the following conditions:

A) additional works or services can not be technically or economically separated from the subject of the main contract without great inconvenience to the contracting authority or even that can be divided, are strictly necessary for performance of the contract;
B) the total value of contracts to be awarded additional works or services is not more than 50 per cent of the value of the main contract;
12. the repetition of a service or works by the same artist under the following conditions:
a) the first contract was awarded under the restricted procedure or negotiated procedure with notice or competitive dialogue and notice it is referred to the possibility of such an award;
B) the total value of the new order is included in determining the value of the first order;
C) new order consistent with the basic project implementation which has been awarded the first contract;
13. subject of the contract relates to the provision of air and maritime transport services for the armed forces or security forces of the country deployed or to be deployed outside its territory when the entity has to procure such services from contractors who guarantee the validity of their tenders only for such short periods that the time limit for the restricted procedure or the negotiated procedure with notice, including the shortened periods of art. 76, para. 3 and art. 86, para. 3 can not be met.
(4) In the cases under par. 3 pt. 8 contract for an additional contract can not be longer than five years, except in exceptional circumstances to be determined taking into account the expected service life of any delivered items, installations or systems, and the technical difficulties which may cause a change of contractor.
(5) In the cases under par. 3 pt. 12 procedure can be detected not later than five years from the award of the first contract, save in exceptional circumstances which require the procedure to be held after this period.
(6) In the cases under par. 3 pt. 9 contract is concluded by the rules of the Exchange.
(7) In the cases under par. 3, p. 10 contract is concluded pursuant to Part Three of the Commerce Act.
Art. 119g. (1) Contracting authorities may conclude framework agreement for procurement based on a restricted procedure, negotiation with notice or competitive dialogue.

(2) Framework agreements are concluded for a period not longer than seven years. Exceptionally duration of the framework agreement may be longer when given the expected life of the delivered goods, facilities or systems, changing the contractor may cause technical difficulties. The contracting authority shall state the reasons for this in the announcement.
(3) For matters concerning the framework agreement, the rules of art. 93A - 93D.
Chapter Ten "b"
SPECIAL RULES Section
I
Terms of execution
Art. 119 grams. (1) Where in accordance with Art. 26, para. 2 in the notice indicated that the contract contains or involves classified information in the documentation provided with the invitation to the assignor puts the participants and their subcontractors requirements to protect classified information.
(2) In the cases under par. 1 unless the documents under Art. 51, para. 1, p. 12 the contracting authority may:
1. request the submission of permit, certificate or confirmation for access to classified information under the Law on protection of classified information to subcontractors;
2. included in the draft contract clauses that oblige the contractor:
a) present the document under item. 1 and subcontractors selected during performance of the contract;
B) to protect classified information he learns in the course of the procedure, during and after performance of the contract;
C) subcontracting selected before and during performance of the contract to include clauses "b" to protect classified information.
(3) In the cases of art. 51, para. 1, p. 12 contracting recognize permissions for access to classified information issued in accordance with the laws of the State - State of the Union in which the candidate or tenderer is established, in the presence of an effective international treaty or bilateral agreement on protection of classified information on which Bulgaria is a party. This does not preclude contracting authority under the terms and conditions of the Law on Protection of Classified Information request any additional studies in the Member - State of the European Union.
Art. 119e. (1) Where in accordance with Art. 26, para. 2 assignor has included in the notice requirements for security of supply, it can:
1. require that the tender contain:
a) license or other appropriate documents issued in the Member - State of the Union, which prove that the participant will be able to honor its obligations regarding the export, transfer or transit goods related to the contract;

B) an indication of any restrictions associated with disclosure, transfer or use of goods and services or results arising from export control arrangements or defense;
C) evidence that the organization and location of supply chain participants allow compliance with these requirements as well as a declaration that possible changes in the supply chain during the execution of the order will not adversely impact;
D) any supporting documentation received from national authorities of the participants on the implementation of additional needs required by the contracting authority arising from the crisis;
2. included in the draft contract clauses that oblige the contractor:
a) establish and / or maintain the capacity required to meet additional needs required by the contracting authority as a result of the crisis, according to agreed terms and conditions;
B) to carry out the maintenance, modernization or adaptation of the supplies covered by the contract;
C) immediately notify the contracting authority for any change in its organization, supply chain or industrial strategy that may affect the performance of the contract;
D) in case of termination of production to provide the sponsor with all specific means necessary for the production of spare parts, components, assemblies and special testing equipment, including technical drawings, licenses and instructions for use under the terms and conditions agreed upon occurrence of the respective circumstance.
(2) The contracting authority may not impose requirements for participants who may pose conflict with the licensing criteria for the export, transfer or transit of the Member - State of the European Union.
Art. 119zh. (1) Where a participant intends to use subcontractors, he is obliged to:
1. indicate in its offer proposed subcontractors, the type of work which will perform, and the proportion of their participation;
2. produce documents that prove compliance with the selection of each of them according to the type and proportion of their involvement; 3
. notify the contracting authority of any change of subcontractors occurred during the execution of the contract.
(2) The contracting authority removed participant if its proposed subcontractors do not meet the selection criteria.
Art. 119z. (1) The contracting authority may require the participant selected a contractor to choose subcontractors for all or part of the activities proposed subcontract subject to the provisions of Art. 119i - 119l. This possibility is stated in the announcement.

(2) The contracting authority stated in the decision fixing the contractor which of the activities proposed sub-contractors, must be chosen in accordance with the provisions of art. 119i - 119l.
(3) The contracting authority has the right to put restrictions based on nationality of the contractors.
Section II
selection of subcontractors
Art. 119i. When the participant selected contractor, the contracting authority under Art. 7, it concluded subcontracts worth of art. 14, para. 2 by a procedure under Art. 119B, para. 1.
Art. 119k. (1) Where the participant selected a contractor, not the contracting authority under Art. 7 and must satisfy the requirement of Art. 119z para. 1, it shall prepare a notice in accordance with relevant form approved by the regulation of art. 45a para. 9 or under Art. 19, para. 7 - in subcontracts worth of art. 14, para. 2.
(2) The notice under par. 1 published in the Public Procurement Register, while subcontracts worth of art. 45a para. 2 pt. 7 - in the "Official Journal" of the European Union, in compliance with art. 45a para. 7, 10 and 11.
(3) In the cases under par. 1 contractors are selected in accordance with the principles of transparency and competition.
Art. 119l. (1) When choosing a subcontractor under Art. 119i and 119k apply the selection criteria specified by the contracting authority of the contract. The participant selected a contractor can determine other criteria as specified by the contracting authority.
(2) Selection criteria under par. 1 should be objective, non-discriminatory, are linked to the subject of the subcontract, and be proportionate to its volume.
Art. 119 m. (1) The contracting authority may reject subcontractors selected by the participant selected a contractor only if they meet the specified in the notice and documentation selection criteria applicable to the participants. In this case the participant selected contractor is obliged to re-implement the order of art. 119i - 119l.
(2) In the cases under par. 1 contracting authority shall prepare a reasoned decision that sent the participant selected a contractor within three days of its issuance.
Art. 119n. Decisions of the selected contractor relating to the selection of a subcontractor shall not be subject to appeal in cases where the participant selected a contractor, not the contracting authority under Art. 7.
Art. 119o. Responsibility for the execution of a procurement contract is the responsibility of the contractor even in cases where he has entered into subcontracts. "
§ 62. In art. 120 made the following amendments:
1. A new paragraph. 3:
"(3) An appeal under this chapter shall be subject to and decisions under Art. 119 meters, par. 2. "
2. Former para. 3 becomes para. 4.
3
. Former para. 4 becomes para. 5 and in it ie. 3 words "Art. 79, para. 8 "are replaced with" Art. 79, para. 12 ", the words" Art. 83d para. 3 "are replaced with" Art. 83d para. 11 ", the words" Art. 88, para. 8 "are replaced with" Art. 88, para. 11 "and the words" and Art. 106, para. 4 "are replaced by" Art. 106, para. 4 and art. 119 meters, par. 2 ".
4. Former para. 5 becomes para. 6 and there in the text before item. 1 the words "para. 4 pt. 1 "is replaced with" para. 5 m. 1 ".
5. Former para. 6 becomes para. 7 and the words "para. 3 "are replaced with" para. 4 ".
6. Former para. 7 becomes para. 8 and in it:
a) in item. 1 the words "para. 4 pt. 1, 2 and 5 para. 5 and 6 "shall be replaced with" para. 5 pt. 1, 2 and 5 para. 6 and 7 ";
B) in item. 2 the words "para. 4 pt. 3 and par. 6 "is replaced with" para. 5 pt. 3 and par. 7 ';
C) in item. 3 words "para. 4 pt. 4 and par. 6 "is replaced with" para. 5 pt. 4 and par. 7 '.
7. Former para. 8 becomes para. 9, and the words "para. 4 pt. 1 "is replaced with" para. 5 m. 1 ".
8. Former para. 9 becomes para. 10 and the words "para. 4 pt. 1 and 5 "is replaced with" para. 5 m. 1 and 5 ".
9. Former para. 10 becomes para. 11 and the words "para. 4 "are replaced with" para. 5 ".
§ 63. In art. 120a para. 1 after the words "against the decision" a comma and added "act or omission" and the words "except" insert "against this."
§ 64. In art. 121 is amended as follows:
1. In para. 4 pt. 2, 'art. 120, para. 4 and 6 "is replaced by" Art. 120, para. 5 and 7 '.
2. In para. 6 para. 1 the words "Art. 120, para. 4 and 6 "is replaced by" Art. 120, para. 5 and 7 '.
§ 65. In art. 121a be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Within three days of receiving the application or removal of irregularities in her President of the Commission for Protection of Competition proceedings and determined member of the committee overseeing the study. To proceedings initiated to inform the contracting authority. "
2. In para. 4 after the words "public interest" is added "and interests related to defense and security."
§ 66. In art. 121b be made the following amendments:
1. In para. 4 after the words "public interest" insert "including those related to defense and security" and a comma.
2. A new paragraph. 6:
"(6) The Commission for Protection of Competition allows pre-execution of the decision to select a contractor in all cases where it would be seriously jeopardize the implementation of a major program in the field of defense or security, which is essential to the interests of the country. "
third. Former para. 6 and 7 become par. 7 and 8.
§ 67. In art. 122a be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The study covers the circumstances of the complaint lodged with the term of art. 120, para. 5 and 7, and is carried out by a working group of administration of the Commission for Protection of Competition designated by the President. The study was monitored by members of the Committee on Art. 121a para. 1, where necessary, give instructions. "

2. A new paragraph. 2:
"(2) Where a contract contains or involves classified information, including the subject of art. 3, para. 2 employees of the administration of the Commission for Protection of Competition, involved in the production examination of the file must have permission to access classified information to the appropriate level in accordance with the Law on Protection of Classified Information. "
Third. Former para. 2, 3, 4, 5, 6 and 7 become par. 3, 4, 5, 6, 7 and 8.
§ 68. In art. 122b be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Upon completion of the study working team presents the supervising member of the committee report containing factual and legal analysis of the case, and a proposal on how to close the procedure."
2. A new paragraph. 2:
"(2) The supervising member of the Commission shall notify the President of the completion of the study. President Resolution schedule open hearing of the case. "
Third. Former para. 2 and 3 shall become para. 3 and 4.
§ 69. In art. 122c be made the following amendments:
1. A new paragraph. 2:
"(2) Where a contract contains or involves classified information, including the subject of art. 3, para. 2 Members of the Commission for Protection of Competition, involved in the production examination of the file must have permission to access classified information to the appropriate level in accordance with the Law on Protection of Classified Information. "
2. Former para. 2 and 3 shall become para. 3 and 4.
third. Former para. 4 is repealed.
4. Paragraph 6 is amended as follows:
"(6) The meeting begins with resolve preliminary issues concerning the regularity of the procedure. The parties to proceedings may ask questions. "
§ 70. In art. 122g para. 1 created item. 1a:
"1a. revoke the unlawful decision to initiate the procedure for procurement; ".
§ 71. In art. 122i be made the following amendments:
1. In para. 1 in the text before item. 1 after the word "contract" insert "or a framework agreement."
2. In para. 3 after the word "contract" insert "or framework agreement," the word "contract" is replaced by "for its conclusion", and finally the words "contract" shall be deleted. 3
. In para. 4 the words "Art. 4 pt. 2, 4 and 5, Art. 12 para. 1, p. 2-9, 11, 12 and 13 and Art. 13 para. 1 pt. 3 and 4 "shall be replaced with" Art. 4 pt. 2, 4 and 5, Art. 12 para. 1, p. 2-9, 11-15 and art. 13 para. 1 ".
4. In para. 5 after the word "contract" insert "or a framework agreement."
§ 72. In art. 122k words "contract be declared invalid" are replaced by "contract or framework agreement be declared void."
§ 73. Article 122o shall be repealed.
§ 74. In art. 127a para. 1 the words "para. 4 "are replaced with" para. 5 ".

§ 75. In art. 128, para. 1 the words "Art. 15, para. 4-7 "are replaced by" Art. 13, art. 15, para. 4-7 and art. 119a para. 4 ".
§ 76. In art. 128b be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Penalties under par. 1 is imposed on the customer or the person under Art. 8, para. 2 or 3, in which the procurement of art. 3, para. 2 violates the prohibition under Art. 119z para. 3. "
§ 77. In art. 129 is amended as follows:
1. In para. 3 words "Art. 5 para. 3 "are replaced with" Art. 5 para. 4 ".
2. In para. 5 the words "Art. 14, para. 3 "are replaced with" Art. 14, para. 4 ".
§ 78. In art. 130 made the following amendments:
1. In para. 1 the words "Art. 84 or 90 "shall be replaced with" Art. 84, 90 or Art. 119B, para. 3 '.
2. In para. 2 after the words "Art. 103, para. 2 "insert" or art. 119B, para. 3 '.
§ 79. In art. 130a be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Penalties under par. 1 is imposed on an entity or person under Art. 8, para. 2 or 3, which concluded a framework agreement for procurement of art. 3, para. 2 for a period longer than seven years, in violation of Art. 119g para. 2. "
§ 80. In art. 131a be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Employer who mastered the participation guarantee, without the grounds of Art. 61, para. 2, shall be punished with proprietary sanction of 10 000 to 15 000 Levs or a fine of 1,000 to 5,000 lev and the person under Art. 8, para. 2 or 3 - with a fine of 1,000 to 5,000 lev. "
§ 81. In art. 133, para. 2 words "Art. 14, para. 2 "are replaced with" Art. 14, para. 3 '.
§ 82. § 1 of the additional provisions be made the following amendments:
1. Create new items. 1 and 1a:
"1. "Military equipment" means equipment specifically designed or adapted for military purposes and intended for use as a weapon, ammunition or war material.
1a. "Civil orders" are all orders that are not specified in Art. 3, para. 2 covering the procurement of non-military goods, works or services for logistical purposes and concluded in accordance with the provisions of art. 5 para. 4. "
2. Previous item. 1 becomes item. 1b. 3
. A t. 1c:
"1c. "Subcontracting" is a gratuitous written contract between the participant selected a contractor and one or more persons for the purpose of implementation of the public procurement object works, supply of goods or provision of services. "
4. Previous items. 1a and 1b become items. 1d and 1e.
5. A new item. 6:
"6a. "Life cycle" means all stages of a product, ie research and development, industrial development, production, operation, repair, modernization, modification, maintenance, logistics, training, testing, withdrawal and disposal. "
6. Previous items. 6a, 6b and 6c become items. 6b, 6c and 6d.

7. In item. 8 is a second sentence: "In awarding contracts under Art. 3, para. 2 can include indicators such as cost during the product lifecycle, security of supply, interoperability, performance and other. "
8. A new p. 10:
"10. "Classified information" means any information or material, regardless of the form, nature or mode of transmission for which a certain level of classification or protection and security in the interest of national security and in accordance with laws, regulations and administrative provisions in force in the State - State of the Union, require protection against abuse, destruction, removal, disclosure, loss or access by unauthorized persons or any other kind of damage. "
9. Point 11 is amended as follows:
"11. "(Offset) agreement" means an agreement by which contractor for major project in the field of security and defense is obliged to perform activities (directly or indirectly to the subject of the project) aimed at preserving and / or development of existing or creation of new capabilities needed to ensure essential national interests in security and defense. "
10. A t. 11:
"11a. "Crisis" is any situation in the country - State of the Union or in a third country where the harmful event has occurred which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers the lives and health of people has significant implications the property or requires measures to supply the population with essential commodities. There is a crisis and if the occurrence of such a harmful event is considered imminent. Crises and armed conflicts and wars. "
11. A t. 13:
"13a. "Research and development" means all activities comprising fundamental research, applied research and experimental development, the latter may include prototyping, ie devices demonstrating the performance of a new concept or a new technology in a relevant or representative environment. "
12. In pt. 15 the word "General" is replaced by "Conventional".
13. A t. 17:
"17a. "Government" means any national, regional or local government of the state - member of the European Union or a third party. "
14. Section 18 is amended as follows:

"18. "Recognised Body" is a person accredited for the area of ​​Executive Agency "Bulgarian Accreditation Service" or foreign accreditation body that is signatory to the Multilateral Agreement on Mutual Recognition of the European Accreditation Organization or which qualify for recognition under Art. 5a par. 2 of the national accreditation of conformity assessment. "
15. A t. 26:
"26a. "Special equipment, works or services" means equipment, works or services for security purposes, involving, requiring and / or containing classified information. "
16. A t. 27a:
"27a. "Standard defense" is a technical specification, compliance with which is not compulsory and which is approved by a standardization body specializing in the production of technical specifications for repeated or continuous application in the field of defense. "
17. In item. 29 words "Technical reference" is replaced by "Technical Reference."
§ 83. An application № 5 to Art. 5 para. 1, p. 3:
"Application № 5 to Art. 5 para. 1 pt. 3





Katerina
gorilla
№


services




Reference № in common vocabulary (CPV)




1


Maintenance and repair


50100000-5, 50100000-6 than to 50884000-5 (except numbers from 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000- 1




2


Services related to foreign military assistance


75211300-1




3


Defense services, military defense services and civil defense


75220000-4, 75221000-1, 75222000-8




4


Investigation and security services


From 79700000-1 to 79720000-7




5


Services related to road transport


60100000-8, 60100000-9 than to 60183000-4 (except 60160000-7, 60161000-4), and from 64120000-3 to 64121200-2




6


Services Air transport of passengers and freight, except transport of mail


60400000-2, 60410000-5 than to 60424120-3 (except 60411000-2, 60421000-5), from 60440000-4 to 60445000-9 and 60500000-3




7


Transport of mail by land and by air


60160000-7, 60161000-4, 60411000-2, 60421000-5




8



Services related to rail


From 60200000-0 to 60220000-6




9


Transport services in water


From 60600000-4 to 60653000-0 and 63727000-1 to 63727200-3




10


Supporting and auxiliary transport services


From 63100000-0 to 63111000-0, 63120000-6 than to 63121100-4, 63122000-0, 63512000-1 and 63520000-0 to 6370000-6




11


Telecommunications services


From 64200000-8 to 64228200-2, 2318000-7 and from 72700000-7 to 72720000-3




12


Financial services: insurance services


From 66500000-5 to 66720000-3




13


Information technology services and related services


From 50310000-1 to 50324200-4, 72000000-5 than to 72920000-5 (except 72318000-7 and 72700000-7 to 72720000-3), 79342410-4, 9342410-4




14



Services Research and development (1) Studies to evaluate


From 73000000-2 to 73436000-7




15


Accounting, audit services and accounting


From 79210000-9 to 79212500-8




16


Management consulting services (2) and related services


From 73200000-4 to 73220000-0, 79400000-8 than to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 98362000-8 || |



17


Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis


From 71000000-8 to 71900000-7 (except 71550000-8), and 79994000-8




18


Services Building-cleaning services and property management


From 70300000-4 to 70340000-6 and 90900000-6 to 90924000-0




19


Sewerage and waste collection services; services sanitation and similar services


From 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0





20


Services related to exercises and simulations in the field of defense and security


80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8








(1) With the exception of services related to research and development activities referred to in Art. 13 para. 1, p. 4.
(2) Excluding services related to arbitration and conciliation. "





§ 84. An application № 6 to Art. 5 para. 1, p. 4:
"Application № 6 to Art. 5 para. 1, p. 4





Katerina
gorilla
№


services




Reference № in common vocabulary (CPV)




21


Hotel and restaurant services


From 55100000-1 to 55524000-9 and 98340000-8 to 98341100-6




22


Supporting and auxiliary transport services


From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3 and 63727000-1 to 63727200-3), and 98361000-1




23


Legal Services


From 79100000-5 to 79140000-7




24


Services related to recruitment and provision of personnel (1)


From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9




25


Social and health services


79611000-0 and 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2)




26


Other services









(1) Except employment contracts. "
Additional provision

§ 85. This Act introduces the requirements of Directive 2009/81 / EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply and services contracting authorities or entities in the fields of defense and security, and amending Directives 2004/17 / EC and 2004/18 / EC (OJ, L 216/76 of August 20, 2009).
Transitional and Final Provisions
§ 86. Procedures for the Ordinance on the Award of Special Public Procurement (prom. SG. 80 of 2004 .; amend., SG. 78 of 2005, No. 7 2007 SG. 83 of 2008, pcs. 93 2009 n. 49 and 86 in 2010, pcs. 12 and 22 of 2011), found a solution before the entry into force of this Act shall be completed by the previous order.
§ 87. (1) Complaints procedures in § 86 are considered by the Administrative Court of the previous order.
(2) proceedings brought before the administrative courts until the entry into force of this Act shall be completed under the previous order.

§ 88. The Council of Ministers puts regulations for implementing the law in accordance with this law within three months from its promulgation in the "Official Gazette".
§ 89. Within three months of the entry into force of this Act the Council of Ministers on a proposal from the nationally representative organizations of and for people with disabilities update the list of art. 16c par. 1, p. 1.
§ 90. Until the entry into force of the Law on Export Control of products related products and goods and dual-use technologies administered list of weapons, adopted by Decree № 147 of the Council of Ministers for acceptance of the Munitions List and List of items and dual-use technologies that are subject to import control (SG. 43 of 2011).
§ 91. In the Law of the military police (SG. 48 of 2011) is amended as follows:
1. In art. 2 para. 2 t. 9 is repealed.
2. In additional provisions:
a) § 1 p. 1 shall be repealed;
B) paragraph 2 shall be repealed.
§ 92. In the Law on Defense and Armed Forces of the Republic of Bulgaria (prom. SG. 35 of 2009 .; amend., SG. 74, 82, 93 and 99 of 2009, pcs. 16 , 88, 98 and 101 in 2010, pcs. 23, 48, 99 and 100 of 2011 and SG. 20 of 2012) is amended as follows:
1. In art. 82 pt. 5 word "disclosure" is replaced by "establishment".
2. In art. 86 pt. 3 word "disclosure" is replaced by "establishment". 3
. In art. 106, para. 6 word "disclosure" is replaced by "establishment".
4. In art. 165 pt. 11 the word "disclosure" is replaced by "establishment".
5. In art. 188a para. 1 the word "disclosure" is replaced by "establishment".
6. In art. 285a para. 1 the word "disclosure" is replaced by "establishment".
7. In art. 327:
a) in para. 2:
aa) in section. 2 the words "within the meaning of the Commerce Act" shall be deleted;
Bb) in Item. 3 the word "disclosure" is replaced by "establishment";
B) paragraph 6 shall be amended as follows:
"(6) By decision of the Minister of Defense committees to consider the offers in procedures for procurement of the Ministry of Defence and the secondary budget spending to it They include representatives of the "Military police". "
8. In § 1 of the additional provision in point. 17b word "disclosure" is replaced by "establishment".
The law was adopted by the 41 th National Assembly on April 12, 2012 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Atanas Atanasov
4063