A new version of the government’s draft Public Procurement Law was published last week (we described the previous draft here).

The amended draft provides clarification of certain provisions. For instance, it specifies that non-performance or improper performance of a previous public procurement contract that resulted from intentional behaviour or gross negligence may be considered gross professional misconduct and lead to exclusion from future tenders.

The new draft also proposes introducing “general interpretations” of the public procurement rules. These are intended to be a new tool for the President of the Public Procurement Office, working towards ensuring a unified interpretation of the law. Contracting authorities and economic operators will be able to submit a request for such interpretation.

Other proposed changes concern the scope of information that must be included in a tender procedure protocol. Under the new draft law, the protocol has to include e.g. information about people conducting activities related to the preparation of the tender procedure and people conducting activities in the tender procedure. This is to ensure that no conflicts of interest occur in tendering procedures.

Along with the new draft law, drafts of certain executive regulations were published, including:

  • regulation on rules of procedure on reviewing appeals;
  • regulation on types and forms of documents required in public procurement procedures;
  • regulation on specific technical and organisational requirements of a buyer profile;
  • regulation on the qualification procedure of members of National Chamber of Appeals;
  • regulation on costs related to appeals;
  • regulation on the scope of information to be included in tendering documents.