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Publish Date : 01-Apr-2019

The Ministry of Finance sent an intention to elaborate an opinion to stakeholders to amend the Public Procurement Act. On September 1, 2017, the new Public Procurement Act (RHS) entered into force. The feedback from the implementation of the law shows that some changes are needed to ensure that the law's objectives are better achieved.

"I invite all interested parties to submit their suggestions and feedback for even better organization of public procurement," said Estella Pllu, Head of Public Procurement and State Aid at the Ministry of Finance. In the intention of development, 11 areas were mapped where the need for change was known and proposals were made. There are more technical changes in the plan, no conceptual or principled innovations are planned. The most important changes are the rules on the treatment of business secrets, the disclosure of information at the opening of tenders and the existence of unreasonably low tenders in order to achieve uniform treatment irrespective of the type of procedure.

In addition, it is proposed that the contracting authority be able to cancel the contract if it appears during the performance of the contract that the undertaking has the grounds for disposal. It is also planned to require that the register be notified of a breach of contract before the end of the contract. In those special procedures where the law does not prescribe a minimum deadline for the submission of tenders and the time limit for contestation, they want to introduce them. Simplifications are also envisaged in the redress procedure, extending the possibilities to merge proceedings or to stay proceedings.

The preparation of the intention to develop was preceded by the collection of input from the target groups in 2018 and the inclusion of target groups by the autumn of this year. The document has been published in the draft information system and is also forwarded to stakeholders. Feedback is expected until May 3. Based on the feedback received, the Ministry of Finance intends to submit a bill for approval in the first quarter of 2020. The Bill could enter into force as a law on June 1, 2021.

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