Principal Legal Positions

/Principal Legal Positions

8th General Session held on December 27th 2013, Principal Legal Position no. 8 (Article 78 of Public Procurement Law)

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 [...]

2017-10-13T13:40:41+00:0027. 12. 2013.|Principal Legal Positions|

8th General Session held on December 27th 2013, Principal Legal Position no. 7 (Article 75 of Public Procurement Law)

If requirements for participation in public procurement procedure from Article 75 of Public Procurement Law and instructions on how to prove that those requirements are fulfilled are not clearly and precisely specified within tender documents, bidder taking part in public procurement procedure cannot bear consequences of failure of contracting authority to prepare tender documents in [...]

2017-10-13T13:37:15+00:0027. 12. 2013.|Principal Legal Positions|

4th General Session held on May 31st 2013, Principal Legal Position no. 6 (Article 149 of Public Procurement Law)

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 [...]

2017-10-13T13:33:06+00:0031. 05. 2013.|Principal Legal Positions|

4th General Session held on May 31st 2013, Principal Legal Position no. 5 (Article 149 of Public Procurement Law)

Request for protection of rights disputing the type of procedure, contents of the invitation to submit bids or of tender documents is deemed timely if contracting authority received it on the seventh and/or third day before the expiry of the deadline for submission of bids, but the day to submit bids does not come within [...]

2017-10-13T13:28:45+00:0031. 05. 2013.|Principal Legal Positions|

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 [...]

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

2nd General Session held on May 13th 2013, Principal Legal Position no. 3 (Article 35 of Public Procurement Law)

The fact that in the open procedure or in the second phase of restrictive procedure initiated before April 1st, 2013, all of the bids contracting authority received were incorrect and/or unacceptable, cannot present legal basis for conducting of negotiated procedure as of Article 35 Paragraph 1 Point 1 of Public Procurement Law (“Official Gazette of [...]

2017-10-13T13:21:32+00:0013. 05. 2013.|Principal Legal Positions|

1st General Session held on April 12th 2013, Principal Legal Position no. 2 (Article 172 of Public Procurement Law)

For second phase of restricted procedure initiated after April 1st 2013 provisions of the Public Procurement Law (“Official Gazette of Republic of Serbia” no. 116/08) are applied, if restricted procedure was initiated in accordance with the provisions of the same law. Explanation: The day Public Procurement Law ("Official Gazette of Republic of Serbia" no. 124/12; [...]

2017-10-13T13:17:22+00:0012. 04. 2013.|Principal Legal Positions|

1st General Session held on April 12th 2013, Principal Legal Position no. 1 (Article 172 of Public Procurement Law)

For public procurement procedures initiated in accordance with Public Procurement Law (“Official Gazette of Republic of Serbia” no. 116/08), protection of rights proceedings are conducted in accordance with the Public Procurement Law (“Official Gazette of Republic of Serbia” no. 116/08). Explanation: Bearing in mind that Article 172 Paragraph 1 Public Procurement Law ("Official Gazette of [...]

2017-10-13T13:14:02+00:0012. 04. 2013.|Principal Legal Positions|