Delay of deadline for submission of bids prescribed by Article 149 Paragraph 4 of Public Procurement Law means that deadline for submission of bids that was initiated before the request for protection of rights was submitted within the deadline given in Article 149 Paragraph 3 of Public Procurement Law will be continued after final decision of Republic Commission made in protection of rights procedure rejects or dismisses the request for protection of rights, i.e. after Republic Commission makes decision that submitted request for protection of rights does not suspend further activities of contracting authority as described in Article 150 Paragraph 1 of Public Procurement Law, and number of days passed before the day request for protection of rights was received is counted within the deadline for submission of bids.
Explanation:
Article 149 Paragraph 4 of Public Procurement Law (“Official Gazette of Republic of Serbia” no. 124/12; hereinafter: PPL) prescribes that in case request for protection of rights under the Paragraph 3 of this Article is submitted, there ensues the delay of deadline for submission of bids.
Article 149 Paragraph 3 of PPL prescribes that request for protection of rights challenging the type of procedure, the contents of the invitation to submit bids or of the tender documents shall be deemed timely if received by contracting authority no later than seven days before the expiry of the deadline for submission of bids, and in low-value public procurement procedure and in qualification procedure, if it is received no later than three days before the expiry of the deadline for submission of bids, regardless of the manner of delivery.
Article 149 Paragraph 3 of PPL prescribes the deadline within which type of procedure, contents of the invitation to submit bids or of tender documents can be disputed, whereas Article 150 Paragraph 1 of PPL prescribes suspensive effect of request for protection of rights.
Delay of deadline for submission of bids prescribed by Article 149 Paragraph 4 of PPL means that contracting authority may pursue its activities in disputed public procurement procedure after the final decision rejected or dismissed the request for protection of rights in public procurement procedure, or after Republic Commission decided to allow contracting authority to continue its activities in disputed public procurement procedure.
Submission of request for protection of rights presents legally prescribed possibility to delay the deadline for submission of bids, and once the reason for the delay of deadline ceases to exist, the initiated deadline for submission of bids continues. In this case, contracting authority may continue with initiated public procurement procedure and will appoint new date and new hour as a deadline for submission of bids, and the time passed before the request for protection of rights was submitted (circumstance that caused the delay of deadline for submitting of bids) is counted as part of the said deadline.