The Law on Public Procurement regulates that the competition must be transparent, open and non-discriminatory. There are several principles that must be respected, including the transparency one which states that the contracting authority must publish open call in electronic service for public procurement with the documentation necessary for implementation and realization of the public procurement procedure. Moreover, the contracting authority is obliged to ensure that all legal entities in the public procurement procedure are treated equally. The contracting authority may not determine the conditions by which national or territorial discrimination is made in the subject matter of the procurement or other discrimination against economic operators, nor discrimination arising from the classification of the activity performed by the legal entity. A contracting authority may not, in a procurement procedure, provide information in a discriminatory manner that would favor a particular participant in the procedure over other participants.
The Law on Public Procurement is the only law that regulates service provision. It stipulates that the contracting authority is obliged, in the public procurement procedure, to select the most economically beneficial tender bid, applying a cost-effective approach, on the basis of the following criteria: price, price / quality ratio or life cycle cost. The contracting authority is obliged to define in the tender documentation the criterion and to determine the methodology of evaluation of tenders. The criterion for the selection of the best offer must be described, scored, related to the subject of the procurement and must not be discriminatory.
The contracting authority is obliged to take appropriate measures to effectively prevent, identify and eliminate conflicts of interest in connection with the procurement procedure. The legal entity participating in the public procurement procedure shall state in the statement of the legal entity whether its authorized person is in conflict of interest.
An appeal may be submitted against: Tender documents; amendments to the tender documentation; decisions on exclusion from the public procurement procedure; decisions on the selection of the best offer, decisions to cancel the procurement procedure. Depending on the type of the appeal, it may be submitted to the court at the latest ten days from the day: the tender was announced; the legal entity was excluded from the procedure; the decision on the tender was announced.
75% of the organizations that participated in online questionnaire stated they disagree that allocation of state contracts is fair and transparent. In addition, 25% did not have an answer for this question.
Nine Ministries that responded to FoI didn’t report no official or employee who has undergone public procurement training. CSOs that participated in online questionnaire, that provided service, didn’t have positive opinion on capacities and knowledge of state officials to implement procedures for contracting of services. Namely, 25% disagree with the statement they have enough capacities, while 75% do not have an opinion on this issue.