How do I participate in a public procurement procedure?
1. General provisions.
The Public Procurement Act is tasked with creating legal guarantees for the development of free and fair competition, i.e. to provide an opportunity for all legal entities to participate in the procedures and for the competition between them to take place on the basis of objective market criteria.
The contracting authority makes a decision to open a procedure for awarding a public order according to its needs, which this order should satisfy in compliance with the principles and conditions laid down in the PPA. For this purpose, the Law grants the right to every business entity as an interested party to participate in procurement procedures, according to its financial, technical and resource capacity. This collaboration of available opportunities of business entities should be relevant to the requirements set by the contracting authority.
2. "Interested person" in the sense of the ZOP .
In §2, item 14 of the DR of the ZOP, a definition of the term "Interested person" is given: "any person who has or had an interest in receiving a certain public contract and who has been or may be harmed by the alleged violation". The essence of this concept is especially important in cases of contesting the contracting party's act, in accordance with the provision of Article 198, item 1 of the Civil Code. In these cases, each "interested person" must state the circumstances in his complaint , on which he bases his status as an interested party, as well as applies to it evidence of the stated circumstances . § 2, item 14 of the DR of ZOP , do not have a legal interest in appeal.