COVID-19 i institut „više sile“


Opinions of the Public Procurement Agency of BiH on public procurement procedures in extraordinary circumstances

Tax News, March 2020

On 24 March 2020, the Public Procurement Agency of BiH (the “Agency”) on their official website has published two opinions on certain aspects of public procurement procedures in extraordinary circumstances.

Verification of documentation
  • Contracting authorities may amend bidding documentation and require less verified documents (besides the documents whose verification the Law explicitly requires)
  • It is not mandatory to require any of qualification documents in competitive request for quotations procedure, hence there is no need for verification of documentation
  • In an open procedure, restricted procedure and negotiated procedure with or without prior publication it is still mandatory to respect provisions regarding verification of documentation
  • Authorities competent for verification (i.e. municipalities, courts, public notaries) still operate and are at disposal to citizens, although in a reduced capacity
Insight into bids
  • Contracting authorities should enable insight into bids, according to recommendations of competent authorities (e.g. number of people, distance, etc.), if possible
  • If there are adopted measures on e.g. prohibition for working with clients for a certain territory – such measures (prohibitions) prevail upon the right to an insight into bids
  • Contracting authorities should not discriminate certain bidders in a manner to prohibit them an insight into bids due to the fact that they arrive from certain territory whilst at the same time other bidders would be allowed to make an insight; if an insight, according to prohibitions of competent authorities, is not allowed – it means it is not allowed to any bidder and not only to bidders from a certain territory
How can we assist you
  • In preparing proposals pursuant to law provisions and Agency recommendations;
  • Analyze whether certain public procurement falls under law exemptions (note: regular public procurement that are not influenced by “COVID-19” cannot be conducted according to the emergency procedure).

If you have any questions concerning this publication, please do not hesitate to contact us:

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