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Report: Institutions are not sufficiently informed about the law

Report: Institutions are not sufficiently informed about the law

Public institutions in the country are not sufficiently familiar with the law on public procurement, something that often makes them the subject of complaints. At least this is the conclusion reached by the Public Procurement Commission, which has drawn up a list of ten errors or problems that are encountered most often in these institutions.

Thus, firstly, the KPP assesses that the problem of the contracting authorities continues in terms of drafting by the contracting authorities, of the special qualification criteria that are unclear and evasive, which have brought ambiguity, confusion in the process of evaluation of offers and/or inequality in handling the rights and obligations of economic operators.

Secondly, there is the problem of contracting authorities in terms of drafting technical specifications, contrary to Article 36 of Law no. 162/2020, "On public procurement", as amended. During the decision-making process, several violations of Article 36 of the Law on Public Procurement were found, especially in terms of the drafting of technical specifications, not relying on one of the methods provided for in the law.

Also, in some cases, inconsistencies were found between the technical specifications and procurement procedure documents, where alternatives were allowed in the technical specifications, while they were not accepted in the procurement procedure documents. In contrast to previous years, an increase in the number of complaints has been observed regarding the way technical specifications are drawn up in relation to public procurement procedures that have as their object the supply of office and stationery equipment.

Thirdly, procedural violations committed by the contracting authority in the bid evaluation phase; In some cases, violations were found in terms of arguing the reasons for disqualification, in accordance with the law on public procurement and the Code of Administrative Procedures. Fourthly, there is the problem of the contracting authorities not knowing the changes in the law no. 162/2020, "On public procurement", by the contracting authorities, especially on the procedural moment of the beginning of the appeal deadlines.

Fifth, there is the issue of contracting authorities not performing the procedural actions required by law, for communication between the contracting authority and economic operators, for correcting the defects of the complaint. Sixth, in handling the complaint of economic operators, the contracting authorities show ambiguity in terms of the reasoning of the decision/s of the Complaints Review Commission.

Seventh follows the problem of the contracting authorities, of not performing the procedural actions provided by article 114, "Handling of the complaint by the contracting authority or contracting entity", of law no. 162/2020, "On Public Procurement", by the contracting authorities, for the notification of decision-making on the handling of the complaint, not only to the complaining economic operators, but also to the interested entities.

Eighth, the problems on the procedural actions of the contracting authorities, of carrying out the verifications of the declarations of the participating economic operators stated in the Summary Self-Declaration Form. Ninthly, problems also appear in terms of timely implementation and in accordance with the provisions of the decisions of the Public Procurement Commission. Tenthly, problems also appear in the direction of continuing with the next steps of the procurement procedure, without waiting for the decision-making of the Public Procurement Commission./Monitor


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