If certain constituent parts of a bid do not contain some of the data bidder was obliged to supply in the bid, in accordance with the requests of contracting authority as stated in tender documents, contracting authority cannot reject such bid due to the serious deficiencies if bidder provided requested data in some other part of the bid, which enables contracting authority to establish actual contents of the bid with regards to the Article 106 Paragraph 1 Point 5 of Public Procurement Law.
Article 3 Paragraph 1 Point 33 of Public Procurement Law (“Official Gazette of Republic of Serbia” no. 124/12; hereinafter: PPL) prescribes that the acceptable bid is the one that is timely, not rejected by contracting authority due to the important deficiencies, adequate, not restricting or conditioning the rights of contracting authority or responsibilities of a bidder and not exceeding the amount of the estimated value of public procurement.
Provision of the Article 106 Paragraph 1 of PPL prescribes the obligation of a contracting authority to reject a bid with essential deficiencies if:
1) Bidder fails to prove fulfillment of mandatory prerequisites for participation;
2) Bidder fails to prove fulfilment of additional requirements;
3) Bidder fails to provide the requested collateral;
4) Offered period of validity of the bid is shorter than the prescribed one;
5) Bid contains other deficiencies which makes it impossible to determine the actual contents of the bid, or to compare it with other bids.
The actual contents of a bid, as per Article 106 Paragraph 1 Point 5 of PPL are all relevant data of a bid as a whole, no matter in which part of a bid they are quoted. Therefore, if any part of a bid (for example form of the offer, model of contract etc.) contains data that contracting authority requested in tender documents, bid cannot be rejected as unacceptable due to the essential deficiencies in accordance with the quoted provisions of PPL.