Features of Choosing and Conducting Negotiated Procedure Without Publication of a Contract Notice, as an Exceptional Means of Procurement, Based on the Law of Public Procurement Article 56 Part 1 Paragraphs 2 and 4
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Abstract
The article analyzes the most problematic conditions of choosing negotiated procedure without publication of a contract notice and features of their execution. The focus is on the main conditions of negotiated procedure without publication of a contract notice, providing relevant court practice. It covers the following cases of choosing negotiated procedure without publication of a contract notice: when such manner of procurement is chosen due to emergency or unforeseen events; due to the fact that there were no suitable offers; also, to analyze the purpose of ex-ante publication, etc.
The main focus of the article is on the analysis of relevant problems in practice in choosing negotiated procedure without publication of a contract notice, in order to understand certain legal norms that regulate the choice of negotiated procedure without publication of a contract notice, as a manner of procurement.
The Law on Public Procurement contains very strict conditions for conducting negotiated procedure without publication of a contract notice. Due to specifity of conducting negotiated procedure without publication of a contract notice, it is important to assess the validity of choosing a procerement procedure in each individual case, and conduct the procedure very carefully by the following requirements of confidentiality,
equality and transperancy, in order to prevent patronage cases of suppliers.
While conducting a procurement in accordance with the Law on Public Procurement Article 56 part 1 paragraph 4, it is very important that the urgency would be actually real and reasonable, caused by unforeseen event, and would be not declared, for example, as a misconduct of contracting authority in planning a need of procurement or inaction.
The article also analyzes the concept of “improper offer” and explains that the offer is considered to be inappropriate if it is irrelevant to the contract, because without substantive changes, it cannot meet the needs and requirements provided in procurement documents of the contracting authority.
The main focus of the article is on the analysis of relevant problems in practice in choosing negotiated procedure without publication of a contract notice, in order to understand certain legal norms that regulate the choice of negotiated procedure without publication of a contract notice, as a manner of procurement.
The Law on Public Procurement contains very strict conditions for conducting negotiated procedure without publication of a contract notice. Due to specifity of conducting negotiated procedure without publication of a contract notice, it is important to assess the validity of choosing a procerement procedure in each individual case, and conduct the procedure very carefully by the following requirements of confidentiality,
equality and transperancy, in order to prevent patronage cases of suppliers.
While conducting a procurement in accordance with the Law on Public Procurement Article 56 part 1 paragraph 4, it is very important that the urgency would be actually real and reasonable, caused by unforeseen event, and would be not declared, for example, as a misconduct of contracting authority in planning a need of procurement or inaction.
The article also analyzes the concept of “improper offer” and explains that the offer is considered to be inappropriate if it is irrelevant to the contract, because without substantive changes, it cannot meet the needs and requirements provided in procurement documents of the contracting authority.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
