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An amendment to the Act No. 25/2006 Coll. on Public Procurement

On 11.2.2011, an amendment to the Act on Public Procurement was adopted, which became effective on 1.4.2011. According to the explanatory note the amended part should improve public procurement in particular thanks to the following measures:

  • Overall reduction of limits for the specification of the scope of contract aimed at the enforcement of higher forms of competitions with more consistent control of the process,
  • Increase transparency thanks to extended scope of compulsory published documentation (calls, notices, bids, minutes, contracts, amendments, etc.),
  • Limitation of non-transparent increase in the wining price of contract by contract amendments through their compulsory publication and introduction of a price ceiling for such increase,
  • Removal of possible rejection of bid on the basis of “an abnormally low tender” by introducing the concept of “an extraordinarily low bid” understood in a broader sense based on the Directive 2004/18/EC,
  • Integration of the method of procurement of priority and non-priority services,
  • Removal of the possibility of immediate exclusion of bidder from public procurement only on the basis of formal deficiencies in delivered source documents,
  • Introduction of the duty to use electronic auctions when entering above the limit contracts and from 1 January 2012 also to enter below the limit contracts,
  • Introduction of the duty to give reasons in writing for public procurement in the form of “restricted procedure”,
  • Re-introduction of the possibility to seek invalidity of contract or amendment to a contract by court, if they were concluded in contradiction with the Act on Public Procurement.

The full version of the explanatory note and version to the Act can be found here:http://www.nrsr.sk/Default.aspx?sid=zakony/zakon&MasterID=3509

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