If bidder or applicant fails to submit proof of fulfillment of requirements quoted in Article 75 Article 1 Point 1 to 4 of Public Procurement Law along with bid or application, contracting authority is obliged to check whether bidder is registered in public register of bidders, which in accordance with Article 78 of Public Procurement Law is available on website of Serbian Business Registers Agency, whether or not bid or application quotes data concerning the register. In that case it will be considered that said requirements are met if bidder is registered in public register of bidders within the deadline for submitting of bids in specific public procurement procedure, which contracting authority should also check.
Explanation:
Article 78 Paragraph 1 of Public Procurement Law (“Official Gazette of Republic of Serbia” no. 124/12; hereinafter: PPL) prescribes that organization responsible for registration of economic operators shall keep public register of bidders – entrepreneurs and legal persons (hereinafter: register of bidders) fulfilling mandatory requirements under Article 75, Paragraph 1, Points 1 through 4, of PPL. Paragraph 2 of the same Article states that registry of bidders should be available on the webpage of this organization, i.e. Serbian Business Registers Agency.
Article 78 Paragraph 4 of PPL prescribes that any person registered with the organization for registration may submit request to be registered in the register of bidders, by submitting documents which prove fulfillment of mandatory requirements. Paragraph 5 of the same Article states that person registered in register of bidders is not obliged to prove fulfillment of mandatory requirements when submitting a bid or an application.
Therefore it ensues that every person registered with Serbian Business Registers Agency may submit to the Agency documents – evidence of fulfillment of mandatory requirements of Article 75 Paragraphs 1 to 4 of PPL, and after this fulfillment is confirmed it can be registered in the register of bidders kept by the same organization. Person thus registered in the register of bidders is not obliged to prove fulfillment of mentioned requirements when submitting the bid for specific public procurement.
As provisions of Article 78 Paragraphs 1 and 2 of PPL prescribe that register of bidders is public and available on web page of organization in charge of it (Serbian Business Registers Agency), and that search among registered bidders is available to everybody through corresponding part of the web page and name or registry number of the bidder, contracting authority taking into consideration other quoted provisions of PPL is obliged to verify whether or not certain bidder is registered in the register of bidders in case that bidder fails to submit some or all the evidence on fulfillment of requirements quoted in Article 75 Paragraph 1 Points 1 to 4of PPL. Contracting authority is obliged to do so if bidder fails to state in the bid or application that it is registered in the register of bidders.
Due to the principle of equality of bidders from Article 12 of PPL and obligation to provide equal position to all the bidders throughout all of the phases of public procurement procedure, it will be considered that requirements for participation from Article 75 Paragraph 1 Points 1 to 4 of PPL are met if bidder is registered in the register of bidders before the expiry of deadline for submitting bids in specific public procurement procedure, and contracting authority is obliged to verify that when inspecting the register of bidders at the phase of expert evaluation of bids.