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Improvement of the Public Procurement System

As a result of ongoing the publication of AmCham’s position paper “Proposal for Amendments and Additions to the Public Procurement Act” in 2015, prepared by the Public Procurement Committee, AmCham has been recognized as a key stakeholder in the process of preparing the new Act and included in the Ministry of Economy’s Expert Team formed by the Directorate for the Public Procurement System. AmCham also participated in the public consultation on the new Public Procurement Act, submitting its “Response to the Public Consultation on the Draft Proposal of the Public Procurement Act”.

The draft proposal is still to undergo parliamentary approval, but in its current form to a significant extent accepts AmCham’s proposals. Particularly welcome is the introduction of the price or cost weighting, i.e. the inability to use only the price or the cost as the single element of the most economically advantageous tender (MEAT) criterion, which AmCham has been promoting for several years. Other AmCham’s proposals fully or to a significant effect accepted in the draft proposal include:
• Extension of contracting authorities’ powers when asking for clarification and supplementation of tender documents;
• Extension of a legal interest definition for initiating an appeal procedure;
• Introduction of the institute of substantial violations of public procurement procedures;
• Introduction of longer time limits for initiating an appeal procedure;
• Reduction of fees for initiating an appeal procedure.