Public procurement and public private partnership (PPP)

Public procurement law includes legislation and regulations regarding the process of purchasing goods, services and construction works by public bodies and institutions.

The main regulations include national public procurement laws, European directives and international standards that set out the rules and procedures for public procurement.

The process includes the preparation and publication of a call for tenders, receipt and evaluation of tenders, selection of the winning tender, conclusion of the contract and subsequent monitoring of contract performance.

The length of the tender procedure depends on the chosen procedure and the value of the contract. Under-limit control usually lasts several weeks, while over-limit driving It can take 2-4 months or even longer, mainly due to the legal deadlines for submitting bids, assessment and possible objections. The process can also be extended due to the complexity of the subject of performance or the need to explain the bids.

Terms of reference must not unjustifiably favor or disadvantage specific suppliersInappropriate qualification criteria, overly specific specifications or requirements that are not related to the subject matter of the performance are considered discriminatory.

Increasing the chances of success includes careful preparation of the offer, thorough study of the tender documents, compliance with all requirements and submission of a competitive and high-quality offer.

Offers are evaluated according to the criteria lowest bid prices or according to the most economically advantageous offers (quality-price ratio, operating costs, environmental parameters, etc.). The contracting authority must proceed transparently, non-discriminatory and in accordance with the announced rules.

The most common reasons include incorrect evaluation of tenders, violation of the principles of transparency and non-discrimination, or failure to meet the formal requirements of the procurement documentation.

Objections are filed directly to the client within the time limit set by law, usually within 15 days from the date on which the complainant became aware of the alleged violation of this Act (publication or delivery of the relevant act). If the contracting authority does not comply with the objections, the supplier may file a petition with the Office for the Protection of Competition.

PPP is a long-term collaboration between the public and private sectors that enables the implementation of public projects or the provision of public services using the resources and expertise of private entities.

A public procurement contract can be changed, but only in cases permitted by law. A change is possible, for example, in the following cases: minor adjustments, at anticipated changes specified in the contract, at multiple jobs or additional services, or when the change does not change the overall nature of the contract. Any modification must respect the limits of the Public Procurement Act, in particular it must not constitute a significant changewhich would require a new tender procedure.