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Changes to the Bulgarian Public Procurement Act

21/07/2014

Following recommendations and commentaries from the European Commission, the Bulgarian Government amended and supplemented the Public Procurement Act (PPA) in several aspects. From 1 July 2014 and 1 October 2014, various changes will come into force, with their main focus being on more transparency and the elimination of corruption practices.

All information related to the assignor will be published on his website. The PPA has a detailed list of twenty-one specific documents to be online. The result is that tender documentation will no longer be purchased and instead would be downloadable directly from the Internet. If the assignor does not have a web page, he can publish information on a third party website, as long as he complies with the foreseen legal requirements.

In addition, the protocols from the meetings for selection of the winner will be published alongside the contracts for the procurement procedure. The tender documentation supplied by each participant is also subject to online availability. This is a form of transparency and supervision of the procedures.

Moreover, implemented are strictly defined conditions under which the assignee can terminate the contract of a sub-contractor. Included is a requirement for the assignor to withhold payments to the assignee, in case that the latter does not present evidence that he has paid the due sums to the sub-contractor. The assignee can enter into contract only with the sub-contractors which he identified when entering the procurement procedure. The contract with the sub-contractor does not release the assignee from his obligations under the procurement procedure.

Authors

Picture of Ivan Gergov
Ivan Gergov
Senior Associate
Sofia