3rd General Session held on May 16th 2013, Principal Legal Position no. 4 (Article 149 of Public Procurement Law)

//3rd General Session held on May 16th 2013, Principal Legal Position no. 4 (Article 149 of Public Procurement Law)

In public procurement procedures, claimant is obliged to pay the following fees:

1. Complaint fee for complaint on conclusion of Public Procurement Office as in Article 85 of Public Procurement Law:

In procedure initiated upon complaint on conclusion of Public Procurement Office as of Article 83 of Public Procurement Procedure, no matter what the estimated value of public procurement or offered price of the bidder to whom the contract is awarded was, and also no matter what the type of public procurement procedure, the fee is 15.000 RSD.

2. Fee for submitting request for protection of rights in low value public procurement procedure and negotiated procedure without invitation to submit bids:

In low value public procurement procedure and negotiated procedure without invitation to submit bids, the fee is 40.000 RSD, no matter whether or not:

– Request for protection of rights disputes the activities of contracting authority conducted before or after the expiry of deadline for submitting of bids;

– Public procurement procedure is organized in batches;

– The estimated value of public procurement procedure;

– The offered price of bidder that was awarded public procurement contract.

3. Fee for submitting request for protection of rights in unique public procurement procedure (not organized in batches):

1. If request for protection of rights disputes the type of public procurement procedure, contents of the invitation to submit bids or applications or contents of the tender documents or other activities of contracting authority conducted before the expiry of deadline to submit bids (applications), the fee is 80.000 RSD for all types of the public procurement procedures (except low value public procurement procedure or negotiated procedure without invitation to submit bids), no matter what the estimated value of public procurement is;

2. If request for protection of rights disputes the decision on awarding the public procurement contract, the fee for all types of public procurement procedures (except low value public procurement procedure or negotiated procedure without invitation to submit bids) is established in accordance with the offered price of contracting authority that was awarded the public procurement contract, so if that price does not exceed 80.000.000 RSD, the fee is 80.000 RSD, and if the price exceeds 80.000.000 RSD, the fee is 0.1% of the price.

3. If request for protection of rights disputes all the activities of contracting authority conducted after the expiry of deadline to submit bids (applications), except decision on awarding the public procurement contract, the fee for all types of public procurement procedures (except in low value public procurement procedure and negotiated procedure without invitation to submit the bids) is established in accordance with the estimated value of public procurement, so if the value does not exceed 80.000.000 RSD the fee is 80.000 RSD, and if the value exceeds 80.000.000 RSD the fee is 0,1% of the estimated value of public procurement procedure.

4. The fee for submitting the request for protection of rights in public procurement procedure organized in batches:

1. If request for protection of rights disputes the type of public procurement procedure, the contents of the invitation to submit bids or applications, or contents of tender documents, or other activities of contracting authority conducted before the expiry of deadline for submitting the bids (applications), the fee is 80.000 RSD for all types of public procurement (except low value public procurement procedure or negotiated procedure without invitation to submit bids), no matter the total estimated value of public procurement (sum of estimated values for all the batches) and no matter the estimated value of separate batch related to the submitted request for protection of rights);

2. If request for protection of rights disputes all the activities of contracting authority conducted after the expiry of deadline for submitting of bids (applications), including the decision to award public procurement contract and decision to suspend public procurement procedure, the fee for all types of public procurement procedures, except low value public procurement procedure or negotiated procedure without invitation to submit bids, is established in accordance with the total estimated value of public procurement (sum of all the batches), no matter the estimated value of separate batch related to submitted request for protection of rights, so if the total estimated value of public procurement procedure does not exceed 80.000.000 RSD, the fee is 80.000 RSD, and if the total estimated value of public procurement exceeds 80.000.000 RSD, the fee is 0,1% of estimated value of public procurement.

2017-10-13T13:25:39+00:0016. 05. 2013.|Principal Legal Positions|