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 10/11/2011 number/year 2011 Official Gazette Decree No 93/226

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 public procurement Act, passed by the National Assembly of the HLI 10 November 2011.

Issued in Sofia on November 17, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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 and 73 of 2011.)

§ 1. In art. 7, paragraph 1, after the word "Bulgaria" is added "the Ombudsman of the Republic of Bulgaria".

§ 2. In art. 8 al. 4, 5 and 7 are hereby repealed.

§ 3. Create art. 8A and 8B:

"Art. 8A. (1) the Council of Ministers shall, on a proposal from the Minister of economy, energy and tourism can create a central authority for procurement for the needs of bodies of executive power.

(2) the central authority for public procurement is the employer, which shall carry out procedures for the award of public procurement contracts or framework agreements, instead of other entities.

Art. 8B. The contracting entities are required to adopt internal rules for the award of public contracts which contain procedures for the planning and organization of the conduct of procedures and checking the implementation of contracts for public contracts. "

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

1. In paragraph 8. 1:

a) in item 9, the words ' the Treaty establishing the European Community ' shall be replaced by ' Treaty on the functioning of the European Union ";

b) point 10 shall be repealed;

in t is created) 13:

13. utilities contracts concluded by the contracting authorities referred to in art. 7, paragraph 1, which are territorial bodies of the Executive power or their associations with the company established under the law of municipal property, which is the entity referred to in art. 7, item 3, and for which the following conditions are met simultaneously:

and its capital is entirely) municipal property;

b) control object is similar to the one carried out by contractors on their own structural units;

in the scope of activities) pursuant to its constitutive or spatial documents is implementation of utilities;

d) at least 90 per cent of its turnover is generated from the provision of utilities to the relevant employer or an Association of entities. "

2. a new paragraph. 4:

"(4) in the cases referred to in para. 1, item 13, when the company had a turnover due to the date of its creation or the starting point of its activity, it is enough when it is created to be provided for annual turnover to be realized from services it provides to the developer. "

3. a para. 5:

"(5) when any of the conditions referred to in paragraph 1. 1, item 13 the contracting authority is obliged to terminate the contract within one month. "

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

§ 5. In art. 13 the following modifications are made:

1. In paragraph 8. 1:

a) in paragraph 1 the words "art. 296 of the Treaty establishing the European Community ' shall be replaced by "art. 346 of the Treaty on the functioning of the European Union ";

b) in point 3, the words ' the Treaty establishing the European Community ' shall be replaced by ' Treaty on the functioning of the European Union ";

c) in item 4 the words ' where it provides more than 50 percent of the funding "are deleted;

d) point 6 shall be repealed.

2. in the Al. 3 the words "para. 1, item 3, 4 and 6 "shall be replaced by" para. 1, item 3.

§ 6. Article 14 shall be amended as follows:

"Art. 14. (1) the procedures under the Act must be applied in the award of procurement contracts, which have the following value excluding VAT:

1. for the construction – equal to or greater than 240 000 BGN, and when the contract is with a place of performance outside the country – equal to or greater than 1 500 0000 BGN.;

2. for deliveries, services and design contest – equal to or greater than EUR 60 000, and when the contract is with a place of performance outside the country – equal to or greater than 120, 000.

(2) contracting authorities may apply the measures provided for in this law simplified rules, when contracts have the following values excluding VAT:

1. for the construction – from 240 000 to 2 400 0000 BGN, and when the contract is with a place of performance outside the country – from 1 500 0000 to 6 0000 0000 BGN.;

2. for deliveries, services and design contest – 60 000 BGN, and when the contract is with a place of performance outside the country – from 120, 000. to the relevant threshold specified in art. 45 a, para. 2.

(3) contracting entities may not carry out procedures for the law, but are obliged to apply the conditions of chapter eight "a" in the case of public contracts worth excluding VAT:

1. for the construction – from 45 000 to 240 000 BGN, and when the contract is with a place of performance outside the country – from 500 000 to 1 500 0000 BGN.;

2. for deliveries or services – from 15 000 to 60 000 BGN, and when the contract is with a place of performance outside the country – from 60 000 to 120 000.

(4) the contracting entities are not required to apply the procedures laid down in the law or the terms and conditions of chapter eight "a" in the means of consumption the following values excluding VAT:

1. for the construction – under 45 000 BGN, and when the contract is with a place of performance outside the country – below 500 000 BGN.;

2. for deliveries or services – under 15 000 BGN, and when the contract is with a place of performance outside the country – under 60 000 BGN.;

3. design contest – under 60 000.

(5) in the cases referred to in para. 4, item 2 and 3, the contracting entities may enter into a written contract, as evidenced by the cost primary payment documents. "


§ 7. Art is created. 14A:

"Art. 14A. (1) where the object of the contract is the provision of services, but also includes the construction of the main object of the contract, it shall be entrusted with a public service contract.

(2) if the award of a public contract, which includes both the supply of goods and provision of services, the order applies to sites that have a higher value.

(3) when the contracting entities referred to in art. 7, t 1 – 4 financed by more than 50 percent of the construction contract, persons who receive funding and awarded the contract must comply with the provisions of this act as the contracting authority, when the total value of the contract without VAT is over 2 400 0000 EUR

(4) when the contracting entities referred to in art. 7, t 1 – 4 funded with more than 50% a service contract that is associated with the construction contract, persons who receive funding and awarded the contract for services must comply with the provisions of this act as the contracting authority, when the total value of the contract without VAT is equal to or greater than EUR 377 469.

(5) in the cases referred to in para. 3 and 4 the contracting entities are required to exercise control over persons received funding to comply with the law. "

§ 8. In art. 15 the following modifications are made:

1. In paragraph 8. 1 the word "Value" is replaced by "estimated value".

2. in the Al. 4, second sentence, the words "article. 14, para. 1 "shall be replaced by" art. 14, para. 1, 2 or 3 ".

§ 9. In art. 16, al. 1, after the word "orders" add "under art. 14, para. 1. "

§ 10. In art. 16 (b), para. 1 the words "art. 93 in, al. 2 "are replaced by" article. 93 (b), para. 3. "

§ 11. In art. 16 in, al. 1 the word "object" is replaced by "object".

§ 12. In art. 19 the following amendments and supplements shall be made:

1. In paragraph 8. 2:

a) in paragraph 1, after the word "guidelines" insert "for the unification of the practice";

b) points 2 and 3 shall be read with the following adaptations:

2. provide opinions on queries of entities;

3. refer the matter to the competent authorities for the exercise of supervision over compliance with the law; "

c) in item 8, the words "the contracting entities used as external experts ' shall be replaced by" contracting entities may use as external experts in training and ";

d) point 9 is replaced by the following:

9. develop model documents for publishing information in register of public procurement; "

e) in item 14, after the words "with" insert "other bodies as well as with";

f) in item 17, after the words "for all" is added "international";

(g) in paragraph 18), the words "para. 4 "shall be replaced by" para. 6 ";

h) point 22 is replaced by the following:

"22. carry out preliminary control over procedures for public contracts financed in whole or in part with funds from EU funds, as follows:

(a)) for the construction of a value equal to or higher than EUR 2 400 0000;

(b)) for the delivery or service of value equal to or greater than the value specified in art. 45 a, para. 2; "

and) point 23 is replaced by the following:

"23. promotes good practice in procurement, including relating to the application of environmental, social and innovative requirements;"

k) section 26 is repealed.

2. Paragraph 5 shall be amended as follows:

"(5) the guidelines referred to in para. 2, item 1 shall be agreed with the supervisory authorities under art. 123, para. 1 and are binding on them. The reconciliation line is determined by the regulation for implementation of the law. "

3. Paragraph 8 shall be replaced by the following:

"(8) on the website of the Agency shall be published:

1. the information referred to in para. 2, item 1, 6 – 8, 12, 13 and 25;

2. the approved samples under para. 2, s. 9;

3. the common procurement vocabulary (CPV), adopted by Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the common procurement vocabulary (CPV);

4. other information, determined by the regulation for implementation of the law. "

§ 13. Article 20 shall be deleted.

§ 14. Article 20A is replaced by the following:

"Art. 20. (1) the preliminary control under art. 19, para. 2, p. 22 covers:

1. the contract notice;

2. the decision to open restricted pursuant to art. 76, para. 3, negotiated procedure with publication of a contract notice or a competitive dialogue procedure;

3. the methodology for the evaluation of tenders – in the criterion most economically advantageous tender.

(2) for the conduct of ex ante controls, the contracting authority is required before the opening of the procedure to send to the Agency the draft documents under para. 1.

(3) within 10 days of the receipt of the projects under par. 2 the Agency shall issue an opinion on the conformity with the requirements of this Act and sends it to the client. The discovery of discrepancies the opinion contains recommendations for their removal.

(4) where the contracting authority does not take into account the recommendations in the opinion referred to in paragraph 1. 3, simultaneously with the opening of the procedure he may send written reasons to the Agency.

(5) within 10 days of the publication of the documents referred to in para. 1, paragraphs 1 and 2, the Agency shall carry out an assessment of their compliance with the recommendations and prepare a final report on the legality.

(6) within the time limit referred to in paragraph 1. 5 the report shall be sent to the contracting authority, to the supervisory authorities referred to in art. 123, para. 1 and of the bodies responsible for the management and spending of funds under the program.

(7) the provisional control of procedures under art. 76, para. 3 and under art. 86, para. 3 ends with the opinion referred to in paragraph 1. 3.

(8) the exchange of information regarding the implementation of ex ante controls shall be governed by the regulation for implementation of the law. "

§ 15. In art. 22 is made the following changes and additions:

1. point 1 shall be amended as follows:

' 1. decisions to detect, change and termination of procedures for the award of public contracts; ".

2. a new item 5:

5. information about the course of the procedure for appeal proceedings; ".

3. Current item 5 becomes item 6.

§ 16. In chapter two, section II art is created. 22A:

"Art. 22. (1) the entry of circumstances in the register shall be refused when:


1. the information is not provided in accordance with the model established for the type of entity;

2. in the model are not filled in the required fields;

3. the information is not provided in accordance with the regulation for implementation of the law;

4. There is a difference in the information referred to in the documents referred to in the same order.

(2) the refusal under para. 1 shall be notified to the contracting authority within 5 days of receipt of the information at the Agency. "

§ 17. In art. 23 is hereby amended as follows:

1. In paragraph 8. 1:

and in the text) before item 1, the words "for publication on the website of the" Gazette "and" shall be deleted;

b) in paragraph 2 the words "the limits of art. 14, para. 1.1 ' shall be replaced by ' EUR 2 400 0000 ".

2. in the Al. 2, first sentence, the words ' and to the ' Official Gazette ' shall be deleted.

3. in the Al. 6 the word "Publication" shall be replaced by "Publication".

§ 18. Article 24 is hereby repealed.

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

1. In paragraph 8. 2:

a) in paragraph 3 the words ' subject to contract ' shall be replaced by "subject and object of the contract,";

(b) in point 12) the word "object" is replaced by "object";

in 16 in) the word "publication" shall be replaced by "publication".

2. paragraph 6 is replaced by the following:

(6) the selection criteria under para. 2, item 6 and the documents required for their implementation, must be tailored to correspond to the value, complexity and volume of the contract. Where the contracting authority requires the presence of turnover under art. 50, para. 1, item 3, relating to the subject-matter of the contract, this turnover may not exceed more than three times the estimated value of the contract. When the contract has separate positions, the selection criteria for each of the lots must be appropriate to the complexity, the value and volume of the position. "

3. Create a new para. 7 and para. 8 and 9:

(7) the selection criteria under para. 2, item 6, which the contracting authority determines must be equal for all participants in the procedure.

(8) the participation of associations having no legal personality, the selection criteria applied to the grouping's participant, and not to any of the persons included in it, with the exception of the relevant registration, presentation of a certificate or other condition necessary for performance of the contract, in accordance with the requirements of law or an administrative act and in accordance with the distribution of the participation of individuals in the performance of activities provided for in the Treaty establishing the unification.

(9) the indicators for integrated assessment under paragraph 1. 2, item 10 should be linked to the subject-matter of the contract. "

4. The current paragraph. 7 it al. 10 and shall be amended as follows:

"(10) when the selected criterion is the most economically advantageous tender, contracting entities may not include selection criteria as indicators for the evaluation of tenders."

5. a para. 11:

"(11) in determining the time limit referred to in paragraph 1. 2, item 14, the contracting authority must comply with the complexity of the contract and the time required for drawing up requests to participate or tenders. "

§ 20. In art. 26 and al. 4 shall be amended as follows:

"(4) the contracting entities may waive the requirements of paragraphs 1 and 2. 1, when:

1. award a contract for the supply of road transport vehicles, which are not subject to the mandatory type approval or individual approval in accordance with the Decree of the Minister of transport, information technology and communications, adopted pursuant to art. 138, para. 4 of the law on road traffic, or

2. the contract has a value of art. 14, para. 2. "

§ 21. Article 27 shall be amended as follows:

"Art. 27. After publication of the notice under art. 25, para. 2, the contracting authority may publish information about public order and in a local newspaper or in a national daily newspaper. The publication shall state at least the subject matter of the contract and the date of publication of the notice in the register of public procurements and could not include information that is not contained in the notice. "

§ 22. In chapter three, section II to create art. 27A and 27B:

"Art. 27. (1) the contracting authority may, on its own initiative or on a proposal from the person concerned, to make a one-time change in the notice and/or documentation, related to ensuring legality of the procedure, remove the deficiencies or obvious factual error.

(2) any interested person may make a proposal for changes in the contract notice and/or documentation within 10 days of the publication of the notice of initiation.

(3) changes in the Al. 1 shall be carried out by a decision to change, which shall be published in the register of public procurement within 14 days of publication of the notice of initiation.

(4) the decision to change the contracting authority has the right to change and/or supply activities on the subject of the order.

(5) in the Al. 3 the contracting authority sets a new time-limit for receipt of tenders or requests to participate which may not be shorter than originally specified.

(6) the contracting authority may not determine the new period under para. 5, when the changes do not affect the selection criteria, the requirements to the offer or performance of the contract.

(7) after the expiry of the period referred to in para. 3 the contracting authority may publish a decision to change only when extended time in the procedure.

(8) the contracting authority is obliged to extend time in the procedure:

1. where it is established that the originally fixed period is insufficient for the preparation of tenders, including due to the necessity of examining the place of additional documents to the documentation or view at the place of execution;

2. in the cases under art. 29, para. 2.

(9) the contracting authority may extend the time limits stated in the procedure when:


1. in the initial time limit there is no incoming requests or offers or has received only one application or a tender;

2. This is necessary as a result of the appeal proceedings.

(10) with the publication of the decision on the change in the register of public procurement, it is considered that all the persons concerned are notified.

Art. 27 (b) (1) article 27 (a) does not apply in the cases under art. 76, para. 3 and art. 86, para. 3.

(2) in the cases referred to in para. 1, the contracting authority may publish a decision on the change in the register of public procurement, which extended the deadlines announced for applications where:

1. in the time limit initially received no applications or a single application was received;

2. This is necessary as a result of the appeal proceedings. '

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

1. In paragraph 8. 1, paragraph 3, the word "object" is replaced by "object".

2. Paragraph 4 is replaced by the following:

"(4) provides for the payment When the contract, the contracting authority may not set a price, which is higher than the actual cost of its printing and reproduction. At the request of the party concerned, the contracting authority is obliged to send the documentation to the account of the person made the request. "

3. Paragraph 5 shall be amended as follows:

"(5) the contract documents can be purchased or received up to 10 days before the expiry of the time limit for receipt of tenders or applications, and orders under art. 14, para. 2-7 days. "

4. Al are created. 6, 7 and 8:

"(6) in the cases under art. 76, para. 3 and art. 86, para. 3 the documentation can be purchased or received within three business days prior to the expiry of the time limit for receipt of requests to participate.

(7) a person shall be entitled to examine the documentation of the site before purchasing.

(8) in the cases under art. 27 a, para. 1 the contracting authority is required to provide royalty-free modified documentation of individuals who bought one before issuing a decision for change. "

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

1. Paragraph 1 shall be amended as follows:

(1) persons may request, in writing, by the contracting authority explanation on the contract until the expiry of the time limit for its purchase or receipt. The contracting authority shall send the explanations in 4 days from receipt of the request. "

2. a new paragraph. 2:

"(2) in the case of the provision of the interpretation by the contracting authority until the deadline for the receipt of tenders or requests to participate less than 6 days, and in the cases under art. 14, para. 2 – less than three days, the contracting authority is obliged to extend the time limit for receipt of tenders or requests to participate in as many days, as it is fun. "

3. The current paragraph. 2 it al. 3 and in it in the first sentence the word "purchased" is replaced by "received", and in the second sentence the words "purchased by" shall be replaced by the words "provide".

§ 25. In art. 30 the following modifications are made:

1. In paragraph 8. 1, paragraph 3, the word "object" is replaced by "object".

2. Paragraph 4 is replaced by the following:

"(4) in the cases referred to in para. 2 in addition to the contracting authority shall accept a test report or certificate issued by a recognised body, or a technical dossier from the manufacturer and any other relevant evidence. "

§ 26. In art. 32, para. 2 the word "object" is replaced by "object".

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

1. In paragraph 8. 1, after the words "its offer" is added "with any relevant document," and after the word "charge" is added "in an equivalent way.

2. in the Al. 2, after the words "its offer" is added "with every relevant document.

3. Paragraph 3 is replaced by the following:

"(3) in the cases referred to in para. 1 and 2, the contracting authority shall accept in addition to a test report or certificate issued by a recognised body, or a technical dossier from the manufacturer and any other relevant evidence. "

4. in the Al. 5 ' and 5 ' shall be deleted.

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

1. Paragraph 2 shall be replaced by the following:

"(2) in the composition of the Commission must be included a licensed lawyer, and other members are persons possessing the necessary professional qualifications and experience in accordance with the subject matter and the complexity of the contract. The Commission consists of an odd number of members, at least five, and in the cases under art. 14, para. 2 – at least three. "

2. in the Al. 3, after the words "art. 7, t 1 – 4 "insert" may ".

3. Paragraph 4 is hereby repealed.

§ 29. In art. 35, para. 1, item 2, the words "within the meaning of the law on the prevention and identification of conflict of interest" shall be deleted.

§ 30. Art is created. 36A:

"Art. 36. (1) the contracting authority or the authorized person under art. 8, al. 2 has a right of control over the work of the Commission for the conduct of proceedings before the issuing of the relevant decisions.

(2) in carrying out the checks at al. 1 the contracting authority checks only the contents of the protocols drawn up by the Commission for compliance with the requirements of the law and the previously announced terms of the contract.

(3) in the event that, under the control of al. 1 establish violations in the work of the Commission, which can be removed without having to terminate the procedure, the contracting authority shall give written instructions for removing them.

(4) the instructions of the sponsor under para. 3 are binding on the Commission. Actions carried out and decisions taken in pursuance of the directions are reflected in the Protocol, in the event of a disagreement, it applies particularly opinion. "

§ 31. In art. 37, para. 3 in the text before item 1 the words "evaluation of the tenders" shall be replaced by "evaluation of tenders".

§ 32. In art. 38 Item 3 shall be repealed.

§ 33. In art. 39 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "for the award of a public contract ' shall be deleted;

b) in paragraph 1, after the word "offer" the Union "or" is replaced by a comma, and then the word "participate" insert "or design" and a comma;


c) in item 2, after the word "offers" insert "or" projects;

d) point 4 is replaced by the following:

"4. the first and second-ranked players refuse to contract;".

2. in the Al. 2:

a) in paragraph 1, after the word "offer" the Union "or" is replaced by a comma and add "or" project;

b) in paragraph 2, after the word "offer" is added "or" project;

in) is created item 3:

"3. the participant, ranked first:

a) refuses to enter into a contract, or

b) fails to comply with any of the requirements of art. 42, para. 1, or

c) does not comply with the requirements of art. 47, para. 1 and 5, or the requirements of art. 47, para. 2 when they are specified in the notice. "

3. a para. 6:

"(6) where originally announced procedure is terminated, the contracting authority may find a new procedure for the award of a public contract with the same object only if the decision to terminate has entered into force."

§ 34. Article 40 shall be replaced by the following:

"Art. 40. The contracting authority may set aside the decision on the choice of the artist after its entry into force but before the conclusion of the contract, and to issue the decision terminating the procedure when the circumstances arise under art. 39, para. 1, item 4, 5 and 7 and para. 2, item 3. “

§ 35. In art. 41 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the contracting authority is obliged to enter into a contract which complies with the annexes to the documentation project, completed with all the proposals by the participant, on the basis of which is designated for the performer."

2. in the Al. 5 Finally a comma and add "except when authorized in advance.

§ 36. In art. 41 (b), para. 1 make the following amendments and additions:

1. a new paragraph 1:

"1. without a contract, despite the existence of grounds for holding;".

2. The current paragraph 1 becomes paragraph 2 and in her words "as a result of" shall be replaced by "in".

3. The current paragraph 2 becomes paragraph 3.

§ 37. In article 41 shall be amended as follows:

"Art. 41. (1) the contracting authority may publish notice of voluntary transparency when applying art. 4, item 2, 4 and 5, art. 12, al. 1, 2, 9, 11, 12 and 13, art. 13, para. 1, item 3 and 4, art. 90, para. 1 or art. 103, para. 2.

(2) the notice of voluntary transparency is an individual administrative act, containing at least:

1. the name and details of the contracting authority;

2. Description of the subject-matter of the contract, which the contracting authority intends to conclude;

3. motives for the application on the grounds referred to in paragraph 1. 1;

4. name and data for the selected contractor.

(3) the notice referred to in paragraph 1. 1 shall be drawn up in the Bulgarian language in a form approved by Commission implementing Regulation (EC) No 842/2011 of 19 August 2011 for establishing standard forms for the publication of notices in the field of public procurement, and repealing Council Regulation (EC) No 1564/2005 (OJ L 222/1 of 27 August 2011), hereinafter referred to as the "Commission implementing Regulation (EC) No 842/2011".

(4) When using a notice of voluntary transparency, the contracting authority shall send it for publication in the register of public procurement, and in the value of the contract, equal to or greater than those specified in art. 45 a, para. 2 – and in the official journal of the European Union.

(5) in the cases under art. 41 (b), para. 1, item 2 the Treaty retains its action if it is concluded after the entry into force of the notice for voluntary transparency and the contracting authority has complied with the conditions set out in para. 1-4. "

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

1. In paragraph 8. 1, item 2, the words "article. 47, para. 9 "shall be replaced by" art. 47, para. 10. "

2. in the Al. 2 the words "art. 47, para. 10 "shall be replaced by ' art. 47, para. 11. "

§ 39. In art. 43, para. 2 make the following amendments and additions:

1. In the text before paragraph 1 the word "contract" is deleted.

2. point 1 shall be amended as follows:

"1. where as a result of unforeseen circumstances, it is necessary:

a) change in terms of the contract, or

b) partial replacement of activities from the scope of the works contract or service when it is in the interest of the contracting entity and does not increase the value of the contract, or

in) reducing the total value of the contract in the interest of the contracting authority due to reduction of prices agreed or agreed quantities or dropping out of activities, or; ".

3. Section 2 is repealed.

4. In paragraph 3 it finally puts a comma and add "or".

5. Create t. 4 and 5:

"4. when having an increase in price due to the adoption of a normative act – to the extent arising as a direct and immediate consequence thereof, or

5. in the extension of the contract for the supply or service with periodic or continuous performance, in the event that both the following conditions are met:

a) not later than 6 months before the expiry of the term of the contract, the contracting authority has found a procedure with the same subject matter for a further period, which is not finished with the selection of a contractor;

(b)) the term of the contract is extended to the selection of a contractor, but not more than 6 months;

the interruption in delivery) or the service would cause significant inconvenience to the entity. "

§ 40. In art. the following 44 amendments:

1. Paragraph 7 shall be amended as follows:

"(7) contracting entities may publish information about the contract and in cases where applied art. 4, item 2, 4 and 5, art. 12, al. 1, 2, 9, 11, 12 and 13 and article. 13, para. 1, item 3 and 4, if the treaties are the values laid down in art. 14, para. 1. "

2. in the Al. 8 creating the second sentence: "the contracting authority must indicate in the application the reasons for the information of the respective basis."

3. Al are created. 9 and 10:

(9) the contracting authority shall forward to the Agency the information within one month after the execution of a contract for a public contract or after his early termination.

(10) by 31 March of each year following the accounting, the contracting authority shall send the summary information in a form approved by the Executive Director of the Agency, for all the acquittal in connection with public contracts with a value of art. 14, para. 3 and 4. "


§ 41. In art. 45 and following amendments and supplements shall be made:

1. In paragraph 8. 1:

and before that, the text) 1 shall be amended as follows: "the contracting entities are required to submit for publication, except in the register of public procurement, and in the official journal of the European Union the following documents:";

(b)) a new item 4:

' 4. the information on the change notice and/or documentation; "

in the past) so 4, 5 and 6 shall become item 5, 6 and 7.

2. paragraph 2 is replaced by the following:

"(2) the documents referred to in para. 1 shall be sent when:

1. the entities referred to in art. 7, paragraph 1, with the exception of those which are territorial bodies of the Executive power, and entities under art. 7, item 2 and 4 awarded contracts values excluding VAT equal to or greater than:

(a) EUR 9 475 851). – for construction;

b) 244 475 EUR -supply services in annex 2 and a design contest;

at EUR 377 469) – for services in annex No. 2, category 8, telecommunications services in category 5 equivalent to reference Nos 7524, 7525 the CPV and 7526, annex 3 as well as design contests connected with these services;

2. the entities referred to in art. 7, paragraph 1, which are territorial bodies of the Executive power, values of contracts awarded without VAT equal to or greater than:

(a) EUR 9 475 851). – for construction;

(b) EUR 377 469). – supplies, services and design contest;

3. the entities referred to in art. 7, paragraph 1, which shall carry out activities in the field of Defense, awarded contracts values excluding VAT equal to or greater than:

(a) EUR 9 475 851). – for construction;

(b) EUR 377 469). – for supplies, and 244 475 EUR – for supplies in annex 4;

4. the contracting entities referred to in paragraph 3, which are the central bodies of the Executive power, values of contracts awarded without VAT equal to or greater than:

a) 244 475 EUR – for services in annex 2 and a design contest;

(b) EUR 377 469). – for services in annex No. 2, category 8, telecommunications services in category 5 equivalent to reference Nos 7524, 7525 the CPV and 7526, annex 3 as well as design contests connected with these services;

5. the contracting entities referred to in paragraph 3, which are territorial bodies of the Executive authority, shall award public service contracts and design contests with the VAT values equal to or greater than 377 469 BGN;

6. contracting entities under art. 7, item 5 or 6 of assigned amounts excluding VAT equal to or greater than:

(a) EUR 9 475 851). – for construction;

(b) EUR 756 895). – supplies, services and design contest; ".

3. Create a new para. 3 and 4:

"(3) in the cases under art. 14 (a), para. 3 the documents referred to in para. 1 is sent when the total estimated value of a works contract, net of VAT, is equal to or greater than EUR 9 475 851.

(4) in the cases under art. 14 (a), para. 4 the documents referred to in para. 1 is sent when the total estimated value of the contract for services, net of VAT, is equal to or greater than EUR 377 469. "

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

5. The current paragraph. 5 it al. 7 and in her words "3 and 4" shall be replaced by "5 and 6".

6. The current paragraph. 6 it al. 8.

7. The current paragraph. 7 is repealed.

8. The current paragraph. 8 it al. 9 and in her first sentence shall be replaced by the following: "the documents referred to in para. 1, 5 and 6 shall be sent for publication in the official journal of the European Union of Bulgarian language, in accordance with the model laid down by Commission implementing Regulation (EC) No 842/2011. "

9. The current paragraph. 9 it al. 10 and in her words "3 and 4" shall be replaced by ' 5 and 6 ', and the words "Republic of Bulgaria" shall be replaced by ' the register of public procurement ".

10. The current paragraph. 10 it al. 11 and in item 1, the words "Official Gazette" and "shall be deleted.

11. The current paragraph. 11 becomes para. 12 and in her words "published in the" Official Gazette "shall be replaced by" published in the register of public procurement ".

12. a para. 13:

"(13) contracting entities may send to the official journal of the European Union contract award notice and in cases where applied art. 4, item 2, 4 and 5, art. 12, al. 1, 2, 9, 11, 12 and 13 and article. 13, para. 1, item 3 and 4, where contracts have values equal to or greater than those laid down in paragraph 1. 2. The contracting authority shall specify in the contract notice required reasons for application of the exception. "

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

1. In paragraph 8. 2 item 3 shall be replaced by the following:

"3. 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. Paragraph 3 shall be amended as follows:

"(3) where the contracting authority provides for the removal of an applicant or participant in the presence of one of the circumstances referred to in paragraph 1. 2, it is required to state the circumstances in the contract notice, and in negotiated procedures without notice – invitation to tender. "

3. in the Al. 4:

and in the text) before item 1, the words ' when the applicants or the participants are legal entities, the requirements "shall be replaced by the words" Requirements ";

(b)) a new item 6:

"6. If a sole proprietor – for physical person – trader";

in the past) so 6 becomes item 7;

(d)) the current item 7 becomes item 8 and the words "1-6" shall be replaced by ' paragraphs 1-7 ".

4. in the Al. 5, item 1, the words ' within the meaning of § 1, item 1 of the additional provisions of the law on the prevention and identification of conflict of interest "shall be deleted.

5. a new paragraph. 6:

"(6) of the circumstances under art. 47, para. 1, 2 and 3, para. 2, paragraphs 1 and 3 and para. 5, item 2, where the candidate or tenderer is a legal person, is a sufficient Declaration of submission by one of the persons who can independently represent him. "

6. the Previous para. 6, 7, 8 and 9 shall become paragraph 7, 8, 9 and 10.


7. The current paragraph. 10 it al. 11 and in her words "para. 9 "shall be replaced by" para. 10. "

§ 43. In art. 50 the following modifications are made:

1. In paragraph 8. 1, paragraph 3, the word "object" is replaced by "object".

2. Paragraph 3 shall be repealed.

§ 44. In art. 51, para. 1 in the text before item 1 the words "depending on the nature, quantity and subject of the contract" shall be deleted.

§ 45. In art. 52 the word "object" is replaced by "object".

§ 46. In art. 53 the following modifications are made:

1. In paragraph 8. 1 the words "issued by independent persons ' shall be deleted.

2. in the Al. 2 the words "prepared by independent persons, certifying" are replaced by "showing".

3. Paragraph 3 is replaced by the following:

"(3) the certificates referred to in paragraph 1. 1 and 2 must be issued by independent persons who are accredited by the relevant European standards series of Executive Agency "Bulgarian accreditation service" or by another national accreditation body that is a signatory to the multilateral agreement on mutual recognition of European accreditation organisation for the area concerned, or to satisfy the requirements of recognition under art. 5 (a), para. 2 of the law on national accreditation of conformity assessment bodies. "

§ 47. In chapter IV, section I created art. 53 (b):

"Art. 53B. The contracting authority may not remove the applicant or participant of the contract award procedure for the contract or to refuse to enter into a contract with him on the grounds that it has not delivered any of the documents referred to in art. 50, para. 1, art. 51 and art. 53, para. 1, when he delivered a certificate of registration in the Central professional register of the Builder, the conditions for entry in the register are identical or higher than the requirements set by the contracting authority. "

§ 48. In art. 55 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) when the prices of the goods or services covered by the contract are subject to regulation, participants can offer bids with prices that are lower than the regulated."

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

3. The current paragraph. 4 it al. 5 and after the word "which" shall be inserted "or" participates in the Association.

4. a para. 6:

(6) the procedure for the award of a contract a natural or legal person may participate in only one association. "

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

1. In paragraph 8. 1:

a) a new paragraph 2:

"2. When players associations – a document signed by the persons in the grouping, which must be disclosed predstavlâvaŝiât;"

(b)) the current item 2, 3, 4 and 5 shall become paragraph 3, 4, 5 and 6;

in) a new point 7:

7. technical proposal for performance of the contract; "

d) current t. 7, 8 and 9 shall become item 8, 9 and 10;

(e)) the current item 10 item 11 and gets in her words "the proposed price" shall be deleted;

It is) creating new item 12:

12. Declaration of acceptance of the terms of the project agreement; "

(g)) previous 11 and 12 shall become item 13 and 14.

2. in the Al. 2, the words "under para. 1, item 1, 3, 4, 5 and 10 "shall be replaced by" under para. 1, item 1, 4, 5, 6 and 11.

3. Paragraph 3 is replaced by the following:

"(3) where a participant in the proceedings is a Union which is not a legal person:

1. the documents referred to in para. 1, item 1 and 6 are presented for any natural or legal person involved in the reunification;

2. the documents referred to in para. 1, item 4 and 5 are presented only for the participants, through which the grouping proves compliance with the selection criteria under art. 25, para. 2, s. 6;

3. a declaration under paragraph 1. 1, item 11 shall be submitted only to the participants in the grouping, which will carry out activities related to construction. "

4. in the Al. 4, first sentence, the words "para. 1, item 3, 4, 5 and 10 "shall be replaced by" para. 1, item 4, 5, 6 and 11, the second sentence shall be deleted.

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

1. In paragraph 8. 2:

a) in paragraph 1 the words "art. 56, para. 1, item 1-7, 10-12 ' shall be replaced by "art. 56, para. 1, item 1 – 6, 8, 11 – 14 ";

b) in paragraph 2, after the word "documents" insert "under art. 56, para. 1, item 7 and 9.

2. a new paragraph. 3:

"(3) When a participant submits a bid for more than one lot, envelopes, no 2 and 3 are presented for each of the headings. If the contracting authority has requested that the submission of various documents for proof of compliance with the selection criteria for the various lots, participants submit individual envelopes and no. 1. "

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

4. The current paragraph. 4 it al. 5 and the word ' al. 3 "shall be replaced by" para. 4. "

5. the Previous para. 5 and 6 become Al respectively. 6 and 7.

§ 51. In art. 58, para. 2 creates a second sentence: "the period shall start to run again from the date laid down for the deadline for the receipt of tenders."

§ 52. In art. 59 creates new al. 5:

"(5) the contracting authority may not require a guarantee of participation or performance when:

1. place the negotiated procedure without publication of a contract notice, or

2. the value of the contract is under art. 14, para. 2. "

§ 53. In art. 60 creates al. 3:

"(3) where the applicant, tenderer or contractor selected is a Union which is not a legal entity, each of the partners in it might be a bank originator guarantee, respectively, the importer of the amount of the security."

§ 54. Article 61 shall be replaced by the following:

"Art. 61. (1) the contracting authority shall be entitled to retain the guarantee of participation to the settlement of the dispute, where the applicant or tenderer in a procedure for the award of a public contract appealed the decision announced the results of the preliminary selection, or the decision on the selection of contractor.

(2) the contracting authority has the right to acquire the security for participation regardless of its form, where an applicant or participant:

1. withdraw his application after the expiry of the time limit for the receipt of applications or withdraw its offer after the expiry of the time limit for receipt of tenders;

2. the contractor, but fails to fulfill the obligation to conclude a contract for the contract. "


§ 55. In art. 63 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) where a contract is executed in stages, the contracting authority may include in the project a contract clause for a partial release of the security referred to in paragraph 1. 1, respectively, on the part of the subject-matter of the contract. "

§ 56. In art. 64 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "at the same time to the Official Gazette for publication in the electronic page and" shall be deleted and then a comma and add "(a) in the cases under art. 14, para. 2 – at least 40 days prior to the deadline. "

2. in the Al. 2 the words "the period under para. 1 can reduce "shall be replaced by ' the periods referred to in para. 1 can be reduced ", and the word" publication "shall be replaced by" publication ".

3. in the Al. 3 the words "the period under para. 1 and 2 may be reduced "shall be replaced by ' the periods referred to in para. 1 and 2 can be reduced "and the word" publication "shall be replaced by" publication ".

4. Paragraph 4 is hereby repealed.

§ 57. Article 65 shall be repealed.

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

1. In paragraph 8. 5 the third sentence shall be replaced by the following: "the Commission then opens the envelope No. 1, disclose the documents it contains, and verify compliance with the list under art. 56, para. 1, item 14.

2. Paragraphs 7-11 are hereby amended:

"(7) the Commission shall examine the documents in an envelope No 1 for compliance with the selection criteria set by the contracting authority, and shall draw up a report.

(8) establishes the absence of documents and/or non-conformity with the selection criteria or other requirements of the contracting authority, the Commission shall record in the Al. 7 to all participants.

(9) the participants shall submit to the Commission relevant documents within 5 working days of receipt of the record in the Al. 7. The participant shall not be entitled to present other evidence besides the missing and those for the Elimination of the disparities referred to in the report of the Commission.

(10) after the expiry of the period referred to in para. 9 the Commission proceeded to examine the additional documents submitted concerning the compliance with the selection criteria set by the contracting authority. The Commission did not examine the documents in an envelope No 2 of participants who do not meet the criteria for selection.

(11) where appropriate, the Commission may at any time:

1. verify the requested data from the participants, including by requiring information from other bodies and persons;

2. to require from participants:

a clarification requested by) for these data;

b) further evidence of data from documents contained in envelopes, no 2 and 3, this option cannot be used to change the technical and price proposal of participants. "

§ 59. Art is created. 68A:

"Art. 68. (1) the Commission shall notify the contracting authority, where, in the course of its work it reasonably doubts to agreements, decisions or concerted practices between actors within the meaning of art. 15 of the law on protection of competition.

(2) in the cases referred to in para. 1 the contracting authority shall notify the Commission for protection of competition. The notification does not stop the conduct and completion of the procedure. "

§ 60. In art. 69, para. 1 item 5 is created:

"5. for whom by the procedure of art. 68, para. 11 is found to be false information to prove its compliance with the announced by the principal selection criteria. "

§ 61. In art. 69 and al. 2 and 3 are amended:

"(2) where the criterion is the most economically advantageous tender, the Commission opens the envelope with the proposed price, after having performed the following actions:

1. proposals addressed envelope is no. 2 in compliance with the requirements of the contracting authority;

2. the examination is carried out for the presence of the grounds under art. 70, para. 1 for the suggestions in an envelope No 2;

3. appreciate is all bids other indicators other than price.

(3) the Commission declared in an appropriate manner, the date, time and place of opening of price offers, in which the participants are entitled to be present in the proceedings or their authorized representatives, and representatives of non-profit organizations and the mass media. When you open a price quotes Commission unveils proposed prices. "

§ 62. In art. 70, para. 1 the first sentence shall be replaced by the following: "where the participant's bid contains a proposal with a numerical expression, which is subject to evaluation and is more than 20 per cent more favourable than the average value of the proposals of the other participants in the same indicator for the evaluation, the Commission shall require him detailed written rationale for the manner of its formation."

§ 63. In art. Al 72. 3 shall be amended as follows:

"(3) the Commission ends its work with the adoption of the Protocol by the contracting authority."

§ 64. In art. 73 is hereby amended as follows:

1. In paragraph 8. 1 the second sentence is deleted.

2. in the Al. 4 the first sentence shall be replaced by the following: "at the written request of a participant in the time limit for appeal against the decision, the contracting authority is obliged, within three days of receipt to provide him with a copy of or access to the Protocol depending on the request of the participant."

3. Paragraph 5 shall be repealed.

§ 65. In art. 74, para. 2 make the following amendments and additions:

1. In the text before point 1, the words "to terminate the procedure or" shall be deleted.

2. paragraph 3 shall be inserted:

3. "does not meet the requirements of art. 47, para. 1 and 5, or of the notice referred to in the requirements of art. 47, para. 2. "

§ 66. In art. 76, para. 1, the words "at the same time to the Official Gazette for publication in the electronic page and ' shall be deleted.

§ 67. In art. 77 following amendments and supplements shall be made:

1. In paragraph 8. 3:

and in the text) before item 1, the words ' must ' shall be deleted;

b) a new paragraph 3:

"3. When players associations – a document signed by the persons in the grouping, which must be disclosed predstavlâvaŝiât;"


in t. created) 8-11:

"8. Declaration that the requirement for a minimum price of labor – in cases where the contract is for construction;

9. Declaration of acceptance of the terms of the project agreement;

10. other information referred to in the notice or in the contract documents;

11. the list of documents contained in the application, signed by the applicant. "

2. in the Al. 4, the words "under para. 3, items 1, 2, 4 and 5 "are replaced by" under para. 3, items 1, 2, 4, 5 and 8.

3. Paragraph 5 shall be amended as follows:

"(5) where an applicant is a grouping procedure, which is not a legal person:

1. the documents referred to in para. 3, paragraphs 1 and 2 shall be submitted to any natural or legal person involved in the reunification;

2. the documents referred to in para. 3, item 4 and 5 are presented only for the participants, through which the grouping proves compliance with the selection criteria under art. 25, para. 2, s. 6;

3. a declaration under paragraph 1. 3, item 8 shall be submitted only to the participants in the grouping, which will carry out activities related to construction. "

4. Paragraphs 6 and 7 shall be repealed.

§ 68. In art. 78, para. 1 the words "art. 57, al. 1, 3, 4 and 5 "are replaced by" article. 57, al. 1, 4-6.

§ 69. In art. 79 para. 9 shall be amended as follows:

(9) within three days of making a decision under paragraph 1. 8. the contracting entity shall send it simultaneously to all candidates, and the candidates selected and sent a written invitation to tender. "

§ 70. In art. 80, paragraph 2, the words "the number and date of the publication" shall be replaced by "date of publication".

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

1. In paragraph 8. 3 the word "publication" shall be replaced by "publication".

2. in the Al. 5, second sentence, the words "para. 2 "are replaced by" para. 3. "

3. Paragraph 6 is hereby repealed.

4. Paragraph 7 shall be amended as follows:

(7) the contracting authority is obliged to extend the time limit for receipt of tenders:

1. where it is established that the originally fixed period is insufficient for the preparation of tenders, including due to the necessity of examining the place of additional documents to the documentation or view at the place of execution;

2. in the cases under art. 29, para. (2);

3. where necessary as a result of the appeal proceedings. '

§ 72. In art. 83 (b) is hereby amended as follows:

1. In paragraph 8. 1, the words "at the same time to the Official Gazette for publication in the electronic page and ' shall be deleted.

2. Paragraph 3 shall be repealed.

§ 73. In art. 83 e, item 1 the words "the number and date of the publication" shall be replaced by "date of publication".

§ 74. In art. 83, al. 6, after the word "that" is added "reflects the outcome of the dialogue and".

§ 75. In art. 86 is hereby amended as follows:

1. In paragraph 8. 1, the words "at the same time to the Official Gazette for publication in the electronic page and ' shall be deleted.

2. Paragraphs 8 and 9 are deleted.

§ 76. In art. 87, para. 2 the words "art. 57, al. 1, 3, 4 and 5 "are replaced by" article. 57, al. 1, 4-6.

§ 77. In art. 88 para. 9 shall be amended as follows:

(9) within three days of making a decision under paragraph 1. 8. the contracting entity shall send it simultaneously to all applicants and applicants under para. 7, item 3, and sent written invitations to participate in the negotiation. "

§ 78. In art. 89 following amendments and supplements shall be made:

1. In paragraph 8. 1, item 5, the words "the number and date of publication" shall be replaced by "date of publication".

2. paragraph 2 is replaced by the following:

"(2) the Commission shall conduct the negotiations with invitees in order of receipt of initial bids."

3. a new paragraph. 4:

"(4) the Commission applied art. 70 where it finds that the proposal of any of the parties, reached as a result of the negotiations, is more than 20 per cent more favourable than the average value of the proposals of the other participants in the same indicator for evaluation. "

4. The current paragraph. 4 it al. 5, and shall be amended as follows:

(5) after an agreement the Commission shall report to the contracting authority, in which reflects the outcome of the negotiations and offers:

1. the ranking of the participants, or

2. termination of the proceeding. "

5. The current paragraph. 5 it al. 6 and shall be amended as follows:

"(6) the contracting authority determines the executable with a reasoned decision within the time limit under art. 73, para. 1. "

6. Al are created. 7 and 8:

(7) the contracting authority concludes the contract with the tenderer, designated as the artist. The contract may be concluded with the second ranked bidder under the terms of art. 74, para. 2.

(8) upon the written request of a participant in the time limit for appeal against the decision, the contracting authority is obliged, within three days of receipt to provide him with a copy of or access to the report depending on the request of the participant. "

§ 79. 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, owing to the occurrence of an event of extraordinary nature, which the contracting authority in the application of due diligence has not been able or has not been obliged to foresee or prevent and overcome that cannot be complied with the time limits for the open, restricted or negotiated procedures with publication of a contract notice;".

2. In paragraph 7, after the word "standings" insert "first".

3. In paragraph 8 (b) "shall be replaced by the following:

"(b)) the total value of contracts awarded with additional services or works, not more than 50 per cent of the value of the original contract;".

4. In paragraph 11, the word "object" is replaced by "object".

5. an item 13:

"13. the contract is for services in a category no 21 of annex 3 to the art. 5, al. 1, item 2 and is worth under art. 14, para. 2. "

§ 80. In art. 91 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "and endorses the call for participation" are deleted.

2. paragraph 2 is replaced by the following:

"(2) a decision under paragraph 1. 1 the contracting authority approved an invitation to participate in the procedure, which contains:

1. object of the contract, including the quantity and/or volume and description of lots, if any;

2. the contracting authority's requirements for performance of the contract;


3. where applicable, the criteria for the evaluation of the tenders and the criteria for the most economically advantageous tender – and indicators for integrated assessment of their relative weighting or ranking them by importance in descending order when, for objective reasons, it is impossible to indicate their relative weight, as well as the methodology for comprehensive evaluation of the tenders;

4. the place and date for holding negotiation;

5. other requirements at the discretion of the sponsor. "

3. a para. 3:

"(3) the requirements of paragraphs 1 and 2. 2 do not apply in the cases under art. 90, para. 1, 11 and 12. "

§ 81. In art. 92 after the word "agency", and the text is placed to the end point is deleted.

§ 82. Art is created. 92 (a):

"Art. 92. (1) for the conduct of the procedure the adjudicating entity shall appoint a Commission by the procedure of art. 34-36.

(2) the Commission shall conduct the negotiations with the participants to determine the terms of the contract in accordance with the requirements of the contracting authority referred to in the invitation to take part. The results of the negotiations are reflected in the Protocol signed by the Commission and by the participant.

(3) where the contracting authority has invited more than one participant, the proposals made and the agreements with each of them are shown in a separate protocol.

(4) the Commission applied art. 70 where it finds that the proposal of any of the parties, reached as a result of the negotiations, is more than 20 per cent more favourable than the average value of the proposals of the other participants in the same indicator for evaluation.

(5) after an agreement the Commission shall report to the contracting authority, in which reflects the outcome of the negotiations and offers:

1. conclusion of the contract with the only participant, or

2. ranking of the participants in the cases referred to in para. 3, or

3. termination of the proceeding.

(6) the contracting authority determines the executable with a reasoned decision within the time limit under art. 73, para. 1.

(7) the contracting authority concludes the contract with the tenderer, designated as the artist. The contract may be concluded with a ranked second in terms of art. 74, para. 2.

(8) upon the written request of a participant in the time limit for appeal against the decision, the contracting authority is obliged, within three days of receipt to provide him with a copy of or access to the report depending on the request of the participant.

(9) in the cases under art. 90, para. 1, item 11 the provisions of para. 1-8 does not apply, and the contract shall be concluded in accordance with the law on commodity exchanges and auction markets.

(10) in the cases under art. 90, para. 1.12 the provisions of para. 1-8 does not apply, and the contract shall be concluded in accordance with the commercial code. "

§ 83. Article 93 is amended as follows:

"Art. 93. The contracting authority may not apply art. 91, para. 2, art. 92 and 92A when the contract on the basis of:

1. Article 90, para. 1, item 3 subject supply of natural gas, heat or electricity or drinking water with companies possessing exclusive rights;

2. Article 90, para. 1, item 4;

3. Article 90, para. 1, item 13 with procedural protection. "

§ 84. In art. 93 (b) make the following amendments and additions:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) when in the framework agreement did not set any conditions and it is with a person, the contracting authority, in writing, require the person to complete its offer.

(3) where in the framework agreement did not set any conditions and it is with more than one person for every contract to be awarded, the contracting authority shall:

1. make a written invitation to the persons referred to in the framework agreement;

2. fix an appropriate time limit for the receipt of tenders taking into account the subject matter and the time needed to send in tenders;

3. stores tenders submitted in sealed opaque envelopes, to the expiry of the deadline for their receipt;

4. appoint a Committee to consider and rank the tenders in accordance with the criteria laid down in the framework agreement, and in compliance with the provisions of art. 70 – 72. "

§ 85. In article 93 is amended as follows:

"Art. 93. The contracting authority shall fix the contractor in accordance with art. 73 and shall conclude a contract in accordance with art. 74. "

§ 86. Article 93 is amended as follows:

"Art. 93. The contracts based on a framework agreement concluded by the central authority for public contracts are awarded by him or by the individual Contracting entities pursuant to art. 93 (b). "

§ 87. In art. 97, para. 1 in the text before point 1, the words "at the same time in the Official Gazette for publication in the electronic page and ' shall be deleted.

§ 88. In art. 100, para. 1, the words "or 5" shall be replaced by the words "or 6".

§ 89. In part two, chapter eight is created "a" with art. 101a – 101 (g):

"Chapter eight" a "

PROCUREMENT VIA PUBLIC INVITATION

Art. 101. (1) the procedure under this chapter shall apply to the award of public contracts under art. 14, para. 3.

(2) for the award of contracts under art. 14, para. 3 the contracting authority collects the bids with the publication of the invitation.

Art. 101 (b) (1) the call shall be made in a form approved by the Executive Director of the Agency, and shall contain at least the following information:

1. name and address of the contracting authority;

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

3. the requirements of the contracting authority for the execution of the order;

4. award criteria, and when the choice is made on the criterion "the most economically advantageous tender" – and indicators for integrated assessment of their relative burdens;

5. the time limit for receipt of tenders.

(2) the contracting authority shall publish a call for tenders to the portal in order, determined by the regulation for implementation of the law, and shall indicate the deadline for the public to access it, which may not be shorter than seven days. At the same time, the invitation shall be published and in the the buyer profile.


(3) the contracting authority may publish a notice of invitation and in printed publications, as well as to send her to selected individuals from it, without altering the terms of para. 1, item 2 – 5. 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 the time limit for public access to the invitation.

(5) in the event of a change of the originally stated conditions, a contracting entity is required to apply the row again for solicitation under para. 1-3.

Art. 101. (1) in the offer referred to in art. 101 (a), para. 2 shall contain at least:

1. information about the person making the proposal;

2. the proposal for the implementation of the requirements of art. 101 (b), para. 1, item 3;

3. bid;

4. period of validity, if applicable.

(2) the content of the offer shall be submitted in sealed opaque envelope.

Art. 101. (1) the receipt, examination and evaluation of bids shall be carried out by officials designated by the contracting authority.

(2) after the receipt of the tenders, the persons referred to in para. 1 submit declarations for the circumstances under art. 35, para. 1, 2 and 3.

(3) the persons referred to in para. 1 determine the order for the examination of tenders and shall draw up a Protocol on the results of their work. The minutes shall be submitted to the contracting authority for approval.

Art. 101 e., the contracting authority may entrust the performance of the contract and in cases where only one tender is submitted.

Art. 101. (1) the contracting authority shall conclude a written agreement with the definitions of performer.

(2) if the designated contract for the contractor shall submit documents issued by a competent authority attesting the absence of the circumstances under art. 47, para. 1, item 1 and declarations of lack 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.

Art. 101 (g) the employer is obliged to keep all documents relating to the award of contracts under this chapter for a period of three years after the implementation of the Treaty. "

§ 90. In art. 102, para. 3 and 4 all over the word "object" is replaced by "object".

§ 91. In art. 103, para. 2 make the following amendments and additions:

1. point 3 shall be replaced by the following:

"3. a need has arisen to take urgent action, owing to the occurrence of an event of extraordinary nature, which the contracting authority in the application of due diligence has not been able or has not been obliged to foresee or prevent and overcome that cannot be complied with the time limits for the open, restricted or negotiated procedures with publication of a contract notice;".

2. In paragraph 6, after the word "standings" insert "first".

3. In paragraph 7 (b) shall be replaced by the following:

"(b)) the total value of contracts awarded with additional services or works, not more than 50 per cent of the value of the original contract;".

4. In paragraph 9 the word "object" is replaced by "object".

5. an item 12:

"12. the contract is for services in a category no 21 of annex 3 to the art. 5, al. 1, item 2 and is worth under art. 14, para. 2. "

§ 92. In art. 105 the following modifications are made:

1. In paragraph 8. 8 the words "for publication on the website of the" Gazette "and" shall be deleted and the word "published" is replaced by "published".

2. in the Al. 10 the word "object" is replaced by "object".

§ 93. In art. 106, para. 8 the word "object" is replaced by "object".

§ 94. In art. 109, para. 1, the words "for publication on the website of the" Gazette "and" shall be deleted.

§ 95. In art. 112 the following modifications are made:

1. In paragraph 8. 2 the words "contains up to 650 words and ' shall be deleted.

2. in the Al. 3, item 9, after the word "model" the comma and the words "approved by the Minister of economy, energy and tourism ' shall be replaced by" referred to in art. 19, para. 7. "

§ 96. In art. 120 following amendments and supplements shall be made:

1. In paragraph 8. 1 in the text before point 1, the words "the procedure" shall be replaced by "procedure".

2. a new paragraph. 3:

"(3) on an appeal under this chapter shall be subject to and acts or omissions of the contracting authority, which hinder access to or participation of parties in the procedure. Are not subject to separate appeal the actions of a contracting authority for issuing decisions in the Al. 1. "

3. The current paragraph. 3 it al. 4 and in it:

a) point 1 shall be amended as follows:

"1. the expiry of the time limit under art. 27 a, para. 3 – against the decision to open the procedure and/or the decision to change; "

b) a new paragraph 2:

"2. the publication of the decision opening the procedure under art. 76, para. 3 or art. 86, para. 3, or negotiated without notice; "

in the past) item 2 becomes item 3 and, after the words "art. 83 g, para. 1 "the Union" and "shall be replaced by a comma, after the words" art. 88, para. 8 "is added" art. 93 (g), para. 4 and art. 106, para. 4 ";

d) existing paragraph 3 becomes paragraph 4;

(e)) the current item 4 becomes item 5 and after the words "European Union", and the text is placed to the end point is deleted.

4. Create a new para. 5 and 6:

"(5) the time limit for appeal against the judgment in the Al. 4, item 1 run from the receipt of documentation, if both the following conditions are met:

1. the appeal is against requirements that are not specified in the notice;

2. the documentation is published simultaneously with the notice;

3. the documentation received after the time limit under art. 27 a, para. 3.

(6) the appeal under para. 3 shall be filed within 10 days of notification of the relevant action, and if the person is not notified, from the date on which the period for performance of the action. "

5. The current paragraph. 4 it al. 7 and in it:

and in the text) before item 1 the words "under para. 3 "shall be deleted;

b) in point 1, the words "paragraphs 1 and 4" shall be replaced by "para. 4, items 1, 2 and 5, para. (5) and (6) ";

in) in paragraph 2, the words "paragraph 2" shall be replaced by "para. 4, item 3 and para. 6 ";

d) in point 3, the words ' paragraph 3 ' shall be replaced by "para. 4, item 4 and al. 6. "

6. a para. 8:


"(8) within the period under paragraph 1. 4, item 1 an appeal against the decision of initiation and/or the decision to change may submit and professional associations and organizations in the industry to protect the interests of its members. "

7. The current paragraph. 5 it al. 9 and in her words "para. 3, paragraphs 1 and 4 "shall be replaced by" para. 4, paragraphs 1 and 5.

8. The current paragraph. 6 it al. 10 and in her words "para. 3 "shall be replaced by" para. 4. "

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

1. Paragraph 1 shall be amended as follows:

(1) the complaint shall be submitted simultaneously to the Commission for protection of competition and the contracting authority, whose decision, act or omission under appeal. "

2. Paragraph 4 is replaced by the following:

"(4) To appeal to the Commission for protection of competition shall apply:

1. a copy of the contested decision, when it is not posted in the register of public procurement;

2. evidence of compliance with the time limit under art. 120, para. 4 and 6;

3. a document for paid fee, determined by a tariff approved by the Council of Ministers;

4. proof of dispatch of the notice of appeal to the developer;

5. other proof, if the applicant had any. "

3. in the Al. 5, the words "or has not submitted a document for paid fee" shall be replaced by "and al. 4, item 1 – 3 ".

4. in the Al. 6:

a) in paragraph 1 the words "art. 120, para. 3 "shall be replaced by" art. 120, para. 4 and 6 ";

(b)) a new item 4:

"4. the complaint is filed before the expiry of the time limit under art. 27 a, para. 3. "

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

1. In paragraph 8. 1, after the word "production" the Union "and" shall be replaced by a comma and add "and notify the contracting authority.

2. a new paragraph. 2:

"(2) the contracting authority shall send its opinion on the complaint, supported by evidence of necessity, within three days from the date of receipt of the notification under paragraph 1. 1. "

3. the Previous para. 2, 3, 4 and 5 shall become, respectively, al. 3, 4, 5 and 6.

4. The current paragraph. 6 it al. 7 and shall be amended as follows:

(7) the definition of any provisional measure shall be subject to appeal before a panel of the Supreme Administrative Court within three days from the date of its notification to the parties. The Court shall decide in closed session within 14 days from the initiation of proceedings in a private complaint. For issues relating to the appeal proceedings shall apply the rules of chapter thirteen of the administrative code.

5. a para. 8:

(8) the appeal of the definition for the imposition of a temporary measure does not stop the proceedings before the Commission for protection of competition. "

§ 99. In art. 121 (b) is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

(1) when the appeal decision on the selection of the contractor, the contracting authority may, at the time limit for the submission of the opinion referred to in art. 121, para. 2 ask the Commission for protection of competition allowing enforcement of the decision. Request for provisional enforcement, made after this deadline shall not be considered by the Commission for protection of competition. "

2. in the Al. 7 the words "7 days" are replaced by "14 days".

§ 100. In art. 122 (d) make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) Commission for protection of competition of the closed session provides a decision:

1. allow the appeal without respect;

2. revoke the decision and returns the file to the continuation of the procedure for the award of the contract by the last lawful decision or action or for termination of the procedure;

3. establish the illegality of the decision and impose the penalties provided for under para. 4 and 5;

4. declare null and void the decision of the contracting authority;

5. cancel the illegal act or illegal omission sets and returns the file to the continuation of the procedure for the award of the contract by the last lawful decision or action or for termination of the procedure;

6. revokes the decision establishes that the contract has been concluded in breach of art. 41, para. 3 or 5 and finds a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor. "

2. in the Al. 2, the words "paragraph 2" shall be replaced by "2 and 5".

3. in the Al. 3, after the word "When" is added before "or".

4. Paragraphs 4 and 5 shall be read with the following adaptations:

"(4) the Commission for protection of competition establishes the unlawfulness of the decision and the penalty amounting to 10 percent of the value of the contract, when made in advance, but in rendering the decision establishes a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor.

(5) When the contract has been concluded in breach of art. 41, para. 3 or 5, but does not establish a violation of the law, undermine the ability of the person lodging the complaint, to take part in the procedure or to be assigned to the contractor, the Commission for protection of competition penalty amounting to three percent of the value of the contract. "

5. a para. 9:

(9) the Commission for protection of competition rules on the liability of costs under the conditions and by the procedure of art. 143 of the administrative code.

§ 101. In art. 122 is Al is created. 3:

"(3) for the outstanding issues concerning the production of the complaint shall apply the rules of chapter twelve of the administrative code.

§ 102. In art. 122 g, para. 2 the words "art. 121, para. 6 ' shall be replaced by "art. 121, para. 7. "

§ 103. In art. 122 and following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1 the words "art. 41 (b), para. 1.1 ' shall be replaced by "art. 41 (b), para. 1, item 1 and 2 ';

b) in paragraph 2 the words "art. 41 (b), para. 1, item 2, the letters "a" and "b" are replaced by "article. 41 (b), para. 1, item 3, the letters "a" and "b";

c) in paragraph 3 the words "art. 41 (b), para. 1, item 2 (c) shall be replaced by ' art. 41 (b), para. 1, item 3 (c).

2. Al are created. 4 and 5:


"(4) where the contracting authority has published information about the contract pursuant to art. 4, item 2, 4 and 5, art. 12, al. 1, 2, 9, 11, 12 and 13 and article. 13, para. 1, item 3 and 4 and has specified the reasons for applying the appropriate reasons on which it is based, the two month period applies under para. 3.

(5) where the contracting authority has published information about the contract before the completion of appeal proceedings, the two month time limit for requesting the invalidation on the grounds of art. 41 (b), para. 1, item 3 run from the entry into force of the decision is annulled the contested decision of the contracting authority. "

§ 104. In art. 122 n the words "art. 121, para. 2 "are replaced by" article. 121, para. 3. "

§ 105. In art. 122 o al. 1 is repealed.

§ 106. In art. 123 al. 4 shall be amended as follows:

"(4) the authorities of the Agency for State financial inspection carried out periodic follow-up checks on compliance with the system of procurement of entities which do not fall within the scope of the law on State financial inspection, on the basis of the approved annual plan."

§ 107. In art. 127, Pará. 1, after the word "open" is added "by the Agency".

§ 108. In art. 127 in, al. 1, after the word "open" is added "by the Court of Auditors".

§ 109. Art is created. 127 (d):

"Art. 127. A contracting entity that does not adopt the internal rules for the award of public contracts under art. 8 (b), shall be punished with fine or penalty payment in the amount of 100 to 500 LEVs. "

§ 110. In art. 128 (b), the words "article. 25, para. 5 and 7 ' shall be replaced by "art. 25, para. 5 or 10 ".

§ 111. In article 128 shall be amended as follows:

"Art. 128. (1) the Employer who established and sent for publication in the register of public procurement contract notice that there is no minimal under art. 25, para. 2 when applicable to the particular contract, shall be punished with the penalty payment in the amount of 1000 to 2000 BGN. or with a fine of 500 to 1000 EUR, a person referred to in art. 8, al. 2 or 3 – with a fine of 500 to 1000 EUR The punishment is not necessary when the relevant part of the notice was supplemented by the decision to change the rules and posted within the time limit under art. 27 a, para. 3 or when the procedure is terminated.

(2) the Employer who violates art. 27 a, para. 4 in the publication of the decision to modify or waive the requirement of art. 47, para. shall be punished by a penalty payment in the amount of 1000 to 2000 BGN. or with a fine of 500 to 1000 EUR, a person referred to in art. 8, al. 2 or 3 – with a fine of 500 to 1000 EUR

(3) the contracting authority, which ratified the documents for participation, in which the methodology for the evaluation of the tenders in the criterion most economically advantageous tender does not comply with the requirements of art. 28, para. 2 shall be punished by a penalty payment in the amount of 1000 to 2000 BGN. or to a fine of 500 to 1500 EUR, (a) the person referred to in art. 8, al. 2 or 3 – with a fine from 500 to 1500 EUR

(4) the contracting authority, which determine the price of documents for participation in breach of art. 28, para. 4 or the amount of guarantee for participation or a performance guarantee in violation of art. 59, para. 2 or 3, shall be punished with the penalty payment in the amount of 500 to 1000 EUR or with a fine of 200 to 500 EUR and the person under art. 8, al. 2 or 3 – with a fine of 200 to 500 EUR

(5) the contracting authority, which define technical specifications in violation of art. 32, para. shall be punished with a penalty ranging from 7000 to 25 000. or with a fine from 2000 to 7000 EUR, (a) the person referred to in art. 8, al. 2 or 3 – with a fine from 2000 to 7000 EUR

(6) a sponsor in the cases under art. 29, para. 2 does not extend the time limit for receipt of tenders or requests to participate shall be punished by a penalty payment in the amount of 500 to 2000 BGN. or with a fine of 300 to 1000 EUR, a person referred to in art. 8, al. 2 or 3 – with a fine of 300 to 1000 EUR

(7) an Employer who violates art. 73, para. 4, art. 89, para. 8 or art. 92 a, para. 8 shall be punished by a penalty payment in the amount of 500 to 2000 BGN. or with a fine of 300 to 1000 EUR, a person referred to in art. 8, al. 2 or 3 – with a fine of 300 to 1000 BGN "

§ 112. In art. 129 create al. 4 and 5:

"(4) Penalties under para. 1 shall be imposed and of the employer who, in violation of art. 12, al. 5 do not terminate the contract for utilities under art. 12, al. 1, item 13.

(5) the contracting authority, which award a contract worth of art. 14, para. 3 without respect the rules of the art. 101A, 101B or 101 is punishable by penalty payment in the amount of 1000 to 2000 BGN. or with a fine of 500 to 1000 EUR, a person referred to in art. 8, al. 2 or 3 – with a fine of 500 to 1000 EUR "

§ 113. In art. 129 a, para. 1 the words "3 and 4" shall be replaced by "3, 4, 5, and 6", and the words "para. 9 and 10 ' are replaced by ' al. 10 and 11 ".

§ 114. In art. 129 (b) the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the contracting authority, which does not preserve all documents relating to the award of contracts under Chapter eight" a ", within the time limit under art. 101 (g), shall be punished with the penalty payment in the amount of 500 to 1000 EUR or with a fine of 300 to 500 EUR and the person under art. 8, al. 2 or 3 – with a fine of 300 to 500 LEVs. "

§ 115. In art. 131, para. 2 the words "art. 40 ' shall be replaced by "art. 39, para. 6. "

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

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

"(1) that the employer does not send within the information subject to entry in the register of public procurement shall be punished by a penalty payment in the amount of 1000 to 2000 BGN. or with a fine of 500 to 1500 EUR, (a) the person referred to in art. 8, al. 2 or 3 – with a fine from 500 to 1500 EUR

(2) the Employer who does not fulfil his obligation under art. 44, para. 10, shall be punished by a penalty payment in the amount of 500 to 1000 EUR or with a fine of 100 to 500 EUR and the person under art. 8, al. 2 or 3 – with a fine of 100 to 500 LEVs. "

2. in the Al. 3, after the words "art. 19, para. 4 "is added" art. 20 a, para. 2 "and a comma.

§ 117. In art. 133 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:


"(2) where the offences under art. 128-132 a, except those referred to in art. 129, para. 4, art. 129b, al. 2 and art. 132, para. 2, are made in the procurement of values under art. 14, para. 2, the size of the fines and penalties are reduced by half. "

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

1. a new paragraph 1 (a):

' 1a. "utilities contracts" are contracts for the implementation of the activities referred to in:

a) operation, maintenance, monitoring, reclamation and sledeksploatacionni care of the installations and facilities for treatment and disposal of municipal waste;

(b)) management and organization of activities related to the reuse, recycling, recovery and disposal of waste for the attainment of the objectives under the municipal programmes for waste management. "

2. The current paragraph 1 and becomes paragraph 1 (b).

3. In paragraph 6 (b) establishes the third sentence: "Interested participant and participant, which is classified, but was not selected for the performer."

4. In paragraph 8, the word "object" is replaced by "object".

5. Section 14 is repealed.

6. In paragraph 14 (b), after the word "circumstances" is added "including extraordinary nature" and a comma.

7. In paragraph 16, the words "everywhere" and "object" are replaced by "subject" and "object".

8. In paragraph 21 (a), the words "more than half of its revenue for the preceding financial year shall be financed" shall be replaced by the words "funded is more than 50 per cent".

9. an item 23 (a):

23. "and" related persons "are:

a) relatives without restriction;

b) collateral relatives up to the fourth degree inclusive;

the relatives by marriage) – to the second degree inclusive;

d) spouses or persons who are in fact living together;

e) partners;

It is) any person who participates in the management of the company on the other;

g) company and a person who holds more than 5 percent of the shares or the shares issued with voting rights in the company.

Are not related company, whose capital is 100 percent State or municipal property, and a person who exercises the rights of the State, according to the municipality in this company. "

10. a t. 28A:

"28A." an event of extraordinary nature "is a natural disaster, accident or disaster, or other event that directly threatens the lives and health of people or the environment."

§ 119. In annex 4, the words "to art. 45 a, para. 2 "shall be replaced by the words" towards art. 45 a, para. 2, item 3 (b).

Transitional and final provisions

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

(2) contracting authorities may apply a negotiated without notice pursuant to art. 90, para. 1, paragraphs 1 and 2, where, after the entry into force of this law shall arise pursuant to implementation of the agreement with the invitation under art. 53, para. 1, item 1 and 2 of the regulation on the award of small contracts (official SG. 84 of 2004; Corr. 93/04; amend., SG. 59 of 2005, 53/2006, no. 83 in 2007, issue 3 and 34 from 2009 and 86/2010).

§ 121. (1) the Complaints procedures under § 120, para. 1 shall be examined by the Commission for protection of competition on the previous line.

(2) proceedings brought before the Commission for protection of competition until the entry into force of this law shall be completed in the previous row.

§ 122. The preliminary inspection under art. 19, para. 2, s. 22 of the documents received at the Agency by public procurement until the entry into force of this law, shall be carried out in the previous row.

§ 123. The Council of Ministers sets regulations on the application of the law in accordance with this Act within three months of its publication.

§ 124. In the law on municipal debt (official SG. 34 of 2005; amend., SG. 105 by 2005, 30 and 37/2006, no. 80 (2007), no. 93 and 110 since 2008, no. 99 by 2010 and 35 from 2011) in art. 19 and the Union "or" is replaced by a comma, and then added, "and from the funds for urban development.

§ 125. The law shall enter into force three months after its promulgation in the State Gazette.

The law was adopted by 41-Otto National Assembly on 10 November 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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