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Implementing Regulations on Public Procurement

August 2008 - Corporate & Commercial. Legal Developments by BABIC & PARTNERS Law Firm .

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On 1 January 2008 the new Public Procurement Act came into force. However, following the coming into force of the new Act the Public Procurement Office, a regulatory body authorized to develop and coordinate the public procurement system in Croatia reported that in the practice the new Act is actually suspended until the regulations necessary for its implementation are adopted.

Implementing Regulations on Public Procurement

On 1 January 2008 the new Public Procurement Act came into force. However, following the coming into force of the new Act the Public Procurement Office, a regulatory body authorized to develop and coordinate the public procurement system in Croatia reported that in the practice the new Act is actually suspended until the regulations necessary for its implementation are adopted. Consequently, the Croatian Government recently adopted a series of implementing regulations related to public procurement. The newly adopted regulations came into force in course of February 2008 and include:

  • Regulation on ordering parties subject to the Act lists different government authorities as well as particular entities operating in the water, energy and transport sectors that must abide by the rules contained in the Act. In commenting adoption of the regulation, the Government officials indicated that the list of authorities and entities provided in the regulation is an instructive list and is not exhaustive.
  • Regulation on content and delivery of public procurement reports mandates the form and terms in which an ordering party subject to the Act must deliver to the Public Procurement Office annual report on the tender procedures carried out by the ordering party. Such a report must be filed not later than 31 March for the previous year. The legislative aim behind this regulation is the development of a transparent system of reporting on public procurement.
  • Regulation on supervision provides for the authorities of the Public Procurement Office when supervising the implementation of the Act and providing opinion on the potential irregularities in particular public procurement procedure.
  • Regulation on Regulation on public procurement publication and records specifies public procurement procedures, which are subject to the mandatory public announcements via electronic means and the announcements in the official gazette of EU.
  • Regulation on management of public procurement and tender documents provides detailed rules on the preparation, content, management and archiving of tenders and other public procurement documents.
  • Regulation on applicability of Common Procurement Vocabulary.

 

Following the coming into force of the implementing regulations, the new Act is expected to be fully enforced.