Draft Regulation on the Amendment of Public the Procurement Act Has Been Submitted

At night of 12 November 2019 the draft regulation No. T/8039 on the amendment of the Procurement Act was submitted.

This draft regulation foresees several considerable changes in the field of public procurement regulations, of foremost among them are these:

• in the case of public works, the contracting entities will be able to rank admissible bidders only by their offer price (heretofore, it has been mandatory to apply evaluation criteria)
• the legal institution of comprehensive information will cease to exist, and after the amendment, the public procurement procedures would be able to be initiated only by proclamation (these proclamations would be published in the official procurement journal)
• the obligation of two-step evaluation of the bids will be ceased in the national procedures, resulting in the acceleration of procurement procedures to be launched in the national procedures
• access to the file shall be requested by the bidders within 10 days from the announcement of the results of the procurement procedures
• in the future, contracting entities shall release less information in their invitations, and several information will be allowed to be included only in the documentation
• a substantial change considering the practical period of specialists is that when the bidder enters onto the fiche concerning the practical period of a specialist a value higher (i.e. more favourable) than certified by the sustaining documents, and the higher value entered onto the fiche fails to be confirmed by a deficiency correction (clarification), results in the invalidity of the tender

The new rules is expected to enter into force after a few weeks of parliamentary passage, later this year.