Response to the Public Consultation on the Public Procurement Act

Response to the Public Consultation on the Public Procurement Act

The Draft Public Procurement Act largely incorporates AmCham’s 2015 recommendations. AmCham welcomes cooperation with the Ministry of Economy and supports reforms such as prohibiting price or cost from being the sole criterion for the most economically advantageous tender (MEAT).

However, it argues that the proposed 90:10 weighting is insufficient and suggests a lower ratio (e.g., 70:30). It also stresses that MEAT should apply to framework agreements.

Additional recommendations include:

  • expanding contracting authorities’ powers to request clarifications,
  • broadening the definition of legal interest to allow more bidders to challenge unlawful tenders,
  • introducing further “serious violations” (e.g., discriminatory tender conditions),
  • extending appeal deadlines in high-value procedures to 15 days,
  • reducing appeal fees to a maximum of HRK 15,000 and making them non-refundable to deter frivolous appeals.

The aim is to enhance transparency, legal certainty, and competition in Croatia’s public procurement system.