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Proclaimed by
The President of the Republic
Resolution no 100 of 13 February 2007

ESTONIAN PUBLIC PROCUREMENT ACT 1
Passed 24 January 2007

Chapter 1
GENERAL PROVISIONS

§ 1. Objective
The objective of this act is to ensure the transparent, purposeful and economical use of
financial resources of the contracting authority, the equal treatment of the participants
and effective use of existing competition in public procurements.

§ 2. Scope of application of the act
(1) This act provides for the public procurement procedures, the rights and obligations of
subjects involved in public procurement and their liability for violation of this act, and
the procedure for the exercise of state supervision and the settlement of appeals.

(2) For the purposes of this act, “public procurement” means purchasing of goods,
contracting for provision of services, organising design contests, contracting for public

works and granting of works and service concessions by the contracting authority and
contracting for works by the concessionaire of works concession.

§ 3. General principles of public procurement
The contracting authority is obliged to comply with the following principles in organising
public procurements:
1)
The contracting authority should use financial resources economically and expediently and achieve the objective of the public procurement with the
reasonable price by ensuring the best price and quality ratio by comparing
different tenders in case of existing competition;
2)
The contracting authority should guarantee the transparency and verifiability of the public procurement;
3)
The contracting authority should treat all persons whose place of reside nce or
location is in Estonia, in some other Member State of the European Union, in
other state which is a contracting party to the EEA Agreement or in the country
having joined the WTO Agreement on Government Procurement (GPA), equally
and non- discriminatorily and follow that setting the restrictions and criteria for all
persons comply with the proportionality, relevance and justification principles in
relation to the object of the public procurement;
4)
The contracting authority should ensure effecti ve use of the existing competition in
public procurements, whereas the participation of the legal person governed by
public law or the person governed by private law using the public means in the
public procurement should not distort competition due to its use of public means;
5)
The contracting authority should avoid the conflict of interests distorting the competition;
6)
If possible, the contracting authority should prefer environmentally safe solutions.

§ 4. Public contract
(1) For the purposes of this act, “public contract” means a contract with mutual material
obligations awarded between one or several contracting authorities and one or several
persons as a result of the public procurement, the object of which are, services or
public w orks. The provisions stipulated on the type of the relevant contract are
applied to the procurement contract in the legal acts.
(2)
The public contract may be awarded by the contracting authority only in the terms
and conditions stipulated in this act. T he non-compliance with the requirements
stipulated in the act has no impact on the validity of the public contract, if not
stipulated otherwise in this act.

(3) The public works contract includes contracting for:
1)
Execution of any public works mentioned in annex 1 of this act or both execution and the design of public works;
2)
Construction of the building or construction and the design or
3)
Prior to acquisition, lease or rental of the immovable or the related right by the contracting authority or by giving it into the disposal of the contracting authority
on other legal basis, performing of the public works regarding this immovable
according to the requirements specified by the contracting authority based on any
method and means.
(4) T he public supply contract is the contract having as their object the purchase, also
hire, rental or lease, with or without the option to buy, of . A public contract which also
includes the delivery of and installation operations shall be considered to be a lso a public
supply contract.

(5) The services referred to in annex 2 of this act are contracted for with the public
service contract.

(6) A public contract having as its object both the purchase of and contracting for
services mentioned in the annex 2 of this act shall be considered to be a public service
contract if the expected cost of the services contracted for with the public contract
exceeds that of the to be purchased. In other case it is the public supply contract.

(7) A public contract having as its object both the purchase of and contracting for
services mentioned in the annex 2 of this act and which includes the contracting for
public works mentioned in annex 1 are only incidental to the principal object of the
contract shall be consider ed respectively either the supply or service public contract.

(8) The contracting authority may not purchase or contract for services with the public
works contract which are not necessary for carrying out the public works as the object of
this public c ontract.

§ 5. Form of public contract
(1) The public contract the cost of which is at least 10,000 euros without VAT should be
awarded in the written form.
(2) Each contracting authority establishes the form requirements for the public contracts
to be awarded, the cost of which remains below the rate mentioned in subsection 1 of this
section.

(3) The non-compliance with the form mentioned in this section has no impact on the
validity of the public contract.

§ 6. Concessions
(1) Public works concession for the purposes of this act is a contract the object of which
is the same as in the public works contract mentioned in section 4(3) of this act and
according to which the fee for the works mentioned in the same subsection lies either in
the right of the concessionaire to exploit the work or in that right together with the
monetary payment of the contracting authority.

(2) A service concession for the purposes of this act is a contract the object of which is
the contracting for services mentioned in annex 2 of this act and according to which the
fee for the provision of services lies either solely in the right of the concessionaire to
provide the specific service and receive fee for the provision of the service from the users
of this service or in that r ight together with the monetary payment of the contracting
authority.

§ 7. Framework agreement
(1) For the purposes of this act, “framework agreement” is an agreement between one or
more contracting authorities and one or several persons, which establishes the terms
governing contracts to be awarded within its validity period on the basis of the latter, in
particular with regard to price or price and the quantities or volumes envisaged.
(2) The terms regarding the public contracts are applied to the fra mework agreements, if
not stipulated otherwise in this act.

§ 8. Dynamic purchasing system
(1) For the purposes of this act, a dynamic purchasing system is an electronic process for
award of public contracts, during which all interested persons meeting the
qualification requirements and who submit an indicative tender which complies with
the technical specification prepared by the contracting authority, may join with it and
the contracting authority may award the public contracts with the tenderers having
joined the dynamic purchasing system within this period of usage according to
simplified procedure.
(2)
The dynamic purchasing system may be established by the contracting authority with the term of up to four years, if the longer term than that is not objectively necessary
and justified resulting from the object of the dynamic purchasing system. The
contracting authority proceeds, inter alia, from the provisions stipulated in section 58
(2 -3) of this act in creating the dynamic purchasing system and awarding the public
contracts on the basis of the latter.
(3)
The terms and procedure for creating and use of dynamic purchasing system and awarding the public contracts based on the dynamic purchasing system shall be
established by the Government of the Republic.
(4)
The indicative tender in the meaning of this act is the expression of will of the person for joining the dynamic purchasing system which complies with the technical
description prepared by the contracting authority. The indicative tender is not the
expression of will for awarding the public contract.

§ 9. Design contest
(1) For the purposes of this Act the design contest is a procedure which enables the
contracting authority to acquire, mainly in the fields of planning, architect ure,
engineering works, information systems, software development or data processing, a plan
or design selected by a jury in the course of the competition.

(2) The design contest may be organised with the objective to award the public service
contract with the winner of the design contest or only with the objective to find suitable
design solution for the contracting authority, by giving the prizes to the winners or paying
the participation fees to the participants.

§ 10. Contracting authority
(1) The procedure stipulated in this act shall be followed by the following persons and
institutions (hereinafter the contracting authority ):
1)
state or state authority;
2) local government entity, its authority or association;
3) other legal person gover ned by public law or a body of legal person governed by
public law;
4)
a foundation at least one of which founders is a state or which founders include more than half of the persons specified in clauses 2 or 3 of this subsection or more than
half of t he members of which supervisory board are determined by the persons
specified in clauses 1 -3;
5)
a non- profit association if more than half of its members are persons specified in
clauses 1 -3 of this subsection;
6)
another legal person in private law which is compliant with the characteristics
stipulated in subsection 2 of this section.

(2)
The legal person in private law in the meaning of subsection 1 (6) of this section of
the contracting authority is:
1)
which is founded or which operates in the public interests, which has no industrial
nor commercial nature and;

2) which are mainly financed or where more than half of the members of its management board, administrative body or supervisory board are appointe d by or
its management is controlled in any other way together or separately by the other
persons mentioned in 6) or 1) -5) of the subsection 1 or the relevant persons of any
other state which is a contracting party to the EEA Agreement .
(3) The contracting authority for the purposes of this act in operations in the fields of
activities mentioned in § 83 -89 is also:
1)
the person whom the special or sole right has been given for acting in the fields of activities mentioned in § 83 -89;
2)
the company with more than half of which share capital is owned by or more than half of the votes represented with the shares or more than half of the members of
which management or supervisory board are appointed directly or indirectly by
the persons mentioned in subsection 1 of this section or these persons with the
relevant persons of any other Member State of the European Union.
(4) The founder of the person provided in clause 6 of subsection 1 of this section
specifies the status of the person as to the features stipulated in subsection 2 in
founding the person and the person itself specifies the relevant status for itself in
receipt of the public task to be performed or in other case in changing one’s status
as to the features stipulated in subsec tion 2 and immediately notifies the Public
Procurement Office of the latter.

§ 11. Contracting for works financed by the contracting authority and the
works of the immovable given to the contracting authority by other
persons
(1) The provisions of this act regarding the contracting authority mentioned in subsection
1 of § 10 of this act should be followed by each person while contracting for the
works to be financed within more than 50 percent by the persons specified in
subsection 1 of § 10:

1) The works of engineer technical facilities or the buildings medical or educational
establishments, works of administrative buildings or sports, recreational or leisure
facilities mentioned in class 45.21 of annex 1 of this act and the estimated cost of
these works without VAT is equal to the marginal rate of the public procurement in
case of the works contract or exceeds it or
2)
the services related to the works specified in article 1 of this subsection and the
estimated cost of these services without VAT is equal to the marginal rate of the
public procurement in case of the supply and service contract or exceeds it.

(2) In concluding the works contract each person contracting for the works specified in
clause 3 of subsection 3 of § 4 of this act for the performing of the obligation related to
the delivery of the immovable or its related right to the contracting authority or other
obligation related to the use of other immovable, is obliged to follow the provisions of
this act on the relevant contracting authority.

§ 12. Tenderer and candidate
(1) The tenderer for the purpose of this act is the person who has submitted the tender in
the procurement procedure or indicative tender in case of dynamic purchasing system.

(2) The candidate for the purpose of this act is the person who has submitted the request
to participate in the procurement procedure in case of restricted procedure, negotiated
procedure with prior publication of a contract notice or competitive dialogue.

(3) The tenderer or candidate may be any person who offers goods, provides services or
carries out public works on the market. The contracting authority may restr ict in the

contract notice the circle of tenderers and candidates in the procurement procedure,
without permitting the persons originating from the countries other than mentioned in
clause 3 of § 3 of this act to participate in the procurement procedure or grant the
advantages for the tenders submitted by the persons coming from the countries mentioned
in clause 3 of § 3 of this act before the tenders submitted by the persons coming from
other countries.

(4) The persons may submit the tender, indicative t ender or request to participate in the
procurement procedure jointly (hereinafter respectively joint tenderers and joint
candidates ), if not stipulated otherwise in this act.

(5) Joint tenderers or joint candidates appoint the authorized representative for carrying
out the procedures related to procurement procedure and award and performance of the
public contract.

(6) The contracting authority may not require as a prerequisite of the adoption of the
request to participate in the joint tender or joint procurement procedure that the joint
tenderers or joint candidates have established the legal person or have joined in another
legal form. If the specification of the legal relations between the joint tenderers in the
certain method and within certain sco pe is needed for the appropriate performance of the
public contract on the basis of the nature of the object of the public contract, the
contracting authority may require the relevant specification for the time of fulfilment of
the public contract.

(7) The undertaking related to the tenderer or candidate for the purpose of this act shall
mean any undertaking over which the tenderer or candidate may exert a dominant
influence, either directly or indirectly, or any undertaking which may exert a dominant
in fluence on the tenderer or candidate or which is under the dominant influence of the
third person on the basis of the right of ownership, financial participation, legal act or on
other basis together with the tenderer or candidate. A dominant influence on the part of
an undertaking is presumed when, directly or indirectly in relation to another undertaking
it possesses or holds more than half of the other undertaking’s share capital or controls a
majority of the votes attached to the shares or may appoint m ore than half of the members
of the other undertaking’s management or supervisory body.

§ 13. Consolidation and authorization of organization of public
procurements
(1) The contracting authorities may organise the public procurement jointly, by
authorizing one of the contracting authorities to organize the public procurement. In
organizing the public procurement jointly the contracting authorities should apply the
rules, which each of these contracting authorities should apply as according to this act
wh ile organising such public procurement alone. In organising the public procurement
jointly the rules are applied to on the basis of the total estimated value of the public
contracts.

(2) The contracting authority is entitled to authorize other contractin g authorities to fulfil
all obligations resulting from this act related to organization of its public procurement.

(3)
The contracting authority has the right to authorize other persons to perform acts
relating to procurement procedure.

§ 14. Exceptions
(1) A contracting authority is not obliged to implement the procedure provided for in this
act to the following:
1)
when the are purchased or services or public works are contracted for or the works
concession will be granted or the design conte st will be organised with the
main objective to offer or operate the electronic communications networks
available for the public or provide electronic communications service to the
public for the purposes of the Electronic Communications Act;
2)
when the contract to be awarded or the design contest to be organised is related to
state secret for the purposes of the State Secrets Act or classified information
of a foreign state or security information or the information not subject to
disclosure or provi ded the fulfilment of the contract presumes the meeting of
special security requirements resulting from the legal acts or when the
application of the exception is directly needed to protect the significant state
interests;
3)
when the are purchased o r the public works are contracted for or the works
concession is granted according to the rules resulting from the international
agreement in accordance with the Treaty establishing the European
Community awarded between Estonia and some foreign country, e xcl.
Member State of the European Union and the objective of the purchase of
these goods and contracting for public works or granting the works concession
is the joint performance of the public works by Estonia and foreign country or
the joint use of the building or when the services are contracted for or the
design contest is organised according to the rules resulting from such
international agreement and the objective of contracting for these services or
organising the design contest is the application or use of the joint project of
Estonia and the foreign country;
4)
when the contract will be awarded or the design contest will be organised on the basis of the international agreement related to the location of military units;

5) by concluding the contract or organising the design contest on the basis of the special
procedure of international organisation;
6)
by concluding the contracts for the acquisition, lease or rental of immovables or the related rights, regardless of the type of contract ;
7)
by concluding the contract for services for the acquisition, development, production or co-production of the programme material or its part by the broadcasting
organisations and by concluding the contracts related to the transmission time;
8)
by contracting for the arbitration or conciliation service;
9)
by contracting for the financial service related to the issue, purchase, sale or assignment of securities or other financial instruments, including the service
related to money or capital involvement and the services provided by Eesti
Pank;
10)
by concluding the contract of employment;
11)
by contracting for the research and development services;
12)
by contracting for services from another contracting authority or from the association
of contracting authorities to whom the sole right for the provision of this
service in the relevant territory has been given on the basis of the legal act
being in accordance with the requirements of the Treaty establishing the
European Community;
13)
by concluding the contracts with the company whose all or part of shares belong
directly to this contracting authority or to the latter including other contracting
authorities or the foundation, the sole founder of which is this contracting
authority or all founders of which is this contracting authority with other
contracting authorities and the major part of which activities is related to the
sale of , provision of services or performance of public works for the
contracting authorities being its shareholder or founder, provided this
company or foundation has supplied the objects to be sold to the contracting
authority or the means needed for the manufacture of the , provision of

services or performance of public works in the same procedure as the
contracting authority would have supplied on the basis of this act;

(2) The European Commission is immediately notified in writing through the Ministry of
Finance of the conclusion of the international agreement mentioned in 3) of (1) of this
section by the contracting authority having awarded it.

(3) The exception mentioned in 6) of (1) of this section is not applied to contracting for
the financial services related to the acquisition, lease or rental of the immovables or the
related rights.

(4)
The exception mentioned in 11) of (1) of this section is not applied in case only the
contracting authority gains benefit from this research and the contracting authority fully
pays for the contracted service.
(5)
Provided the contracting authority opera ting in the field of national defence
mentioned in (1) of this act of this section awards the contract for defence purposes,
applies the procedure stipulated in this act within the scope which is in accordance
with article 296 of the Treaty establishing th e European Community and the resultant
from the legal acts established on its basis.

§ 15. Thresholds
(1) The threshold (hereinafter the threshold of public procurement ) of the cost of
organising the public procurement procedure, granting the works conce ssion and
organising the design contest for the purposes of this act is:

1) As to the public procurements started in the year 2007 30,000 euros in case of the
and service contracts and design contest, 190,000 euros in case of public works
contract an d works concession;
2)
As to the public procurements started in the year 2008 and later 40,000 euros in case
of the and service contracts and design contest, 250,000 euros in case of public
works contract and works concession;
(2) The international threshold is the sum established periodically by the European
Commission based on the section 69 of the directive 2004/17 of the European Parliament
and Council which harmonises the procurement procedures of purchasers operating in
t he sector of water, energy, transport and postal services (OJ L 134, 30 April 2004, pgs 1-
113) and the section 78 of the directive 2004/18 of the European Parliament and Council
on the harmonisation of the procedure of awarding the works, supply and servic e
contracts and which will be published in the Official Journal of the European Union. The
international threshold shall be also disclosed by the Public Procurement Office
(hereinafter the Office ) on its website and on the website of the registry of the re sponsible
processor of State Public Procurement Register (hereinafter the registry ).

§ 16. Application of rules of procedure in awarding the public contracts
(1) The contracting authority mentioned in subsection 1 of section 10 is not obliged to
organise the procurement procedure pursuant to the procedure stipulated in this act,
provided the estimated value of the public contract without VAT is less than the threshold
of public procurement. In this case the contracting authority proceeds only from the
req uirements stipulated in this chapter in awarding the public contract, above all from the
general principles of organising the public procurement stipulated in § 3 and from the
requirement to submit the public procurement report stipulated in subsection 2 of section
37.

(2) The contracting authority mentioned in subsection 1 of section 10 applies the
procedure stipulated in chapter 2 in awarding the public contract, provided the estimated
value of public contract without VAT is equal to the threshold of public procurement or
exceeds it.

(3) The contracting authority mentioned in subsection 1 of section 10 may apply the
procedure stipulated in chapter 5 instead of the procedure stipulated in chapter 2 in
awarding the public contract, when it awards the public contract, the main objective of
which is related to its activities in the fields mentioned in § 83 -89 and the estimated value
of the public contract without VAT is equal to the threshold of the public procurement or
exceeds it.

(4) The contracting authority mentioned in subsection 3 of section 10 of this act is not
entitled to organise the procurement procedure pursuant to the procedure stipulated in this
act, provided the estimated value of the public contract without VAT is lower than the
interna tional threshold. In this case the contracting authority proceeds from the
requirements stipulated in this chapter, above all from the general principles of
organising the public procurement stipulated in section 3.

(5) The contracting authority mentione d in subsection 3 of section 10 applies the
procedure stipulated in chapter 5, when the latter awards the public contract, the main
objective of which is related to its activities in the fields mentioned in § 83 -89 and the
estimated value of the public con tract without VAT is equal to the international threshold
or exceeds it. The mentioned obligation is valid also in case the award of the public
contract is related to its activities in the fields mentioned in § 83 -89, but the main
objective of the public c ontract could not be specified.

(6) The request to award the public contract, the estimated value of which without VAT
exceeds 20,000 euros in case of products or services or 130,000 euros in case of public
works, if the contracting authority is the one mentioned in subsection 1 of section 10 of
this act or exceeds 40,000 euros in case of products or services or 250,000 euros in case
of public works if the contracting authority is the one mentioned in subsection 3 of
section 10, but is lower of the threshold from which on the relevant contracting authority
should organise the procurement procedure, is notified of by the contracting authority on
its website or, if non- existent, in the local or county newspaper.
(7)
The contracting authority mentioned in s ubsection 3 of section 10 of this act notifies
of the award of the public contract, the cost of which without VAT exceeds 40,000 euros
in case of products or services or 250,000 euros in case of public works, but is lower of
the international threshold, on its website within ten days pursuant to the award of public
contract.
(8)
The contracting authority has the right to apply the compulsory procedure resulting
from the threshold of the public procurement, international threshold or financial rate
stipula ted in subsection 6 or 7 of this section or the nature of the public contract also in
awarding the public contract, the estimated value of which is not amounting to the
relevant financial rate or which is non -compliant with the feature conditioning with th is
procedure as to its nature.
(9)
Provided the contracting authority starts the procurement procedure without the
relevant obligation resulting from the law, it is obliged to follow the relevant procurement
procedure stipulated in this act.

§ 17. Appl ication of rules of procedure in granting the concessions
(1) The contracting authority mentioned in subsection 1 of section 10 of this act applies
the procedure stipulated in chapter 3 in granting the works concession, provided the total
estimated value of public works carried out on the basis of the works concession is equal
to the threshold of public procurement or exceeds it.

(2) The contracting authority mentioned in subsection 1 of section 10 of this act is not
obliged to follow the procedure of granting the works concessions stipulated in this act
and proceeds from the requirements stipulated in this chapter in granting the works
concession, above all from the general principles of organising the public procurement
stipulated in section 3, provided it grants the works concession related to its activities in
the fields mentioned in § 83- 89 or if the estimated total value of the public works made
on the basis of the works concession is lower of the threshold of the public procurement.

(3) The cont racting authority mentioned in subsection 3 of section 10 of this act is not
obliged to follow the procedure of granting the works concessions stipulated in this act
and proceeds from the requirements stipulated in this chapter in granting the works
conces sion, above all from the general principles of organising the public procurement
stipulated in section 3.

(4) In granting the concession of services the contracting authority proceeds only from
the requirements stipulated in this chapter, above all from the general principles of
organising the public procurement stipulated in section 3.

§ 18. Application of rules of procedure in organising the design contests
(1) The contracting authority mentioned in subsection 1 of section 10 of this act applies
the procedure stipulated in chapter 4 in organising the design contest, provided the
estimated value of design contest is equal to the threshold of the public procurement or
exceeds it.

(2) The contracting authority mentioned in subsection 3 of section 10 applies the
procedure stipulated in chapter 4 in organising the design contest, when it organises the
design contest related to its activities in the fields mentioned in § 83-89 and the estimated
value of design contest is equal to the international threshol d or exceeds it.

§ 19. Services contracted for by simplified procedure
(1) The contracting authority is not obliged to organise the procurement procedure
according to the procedure stipulated in this act in awarding the service contract, of
which the estimated value of the services mentioned in part B of annex 2 of this act
makes more than 50 percent.
(2) The contracting authority is obliged to organise the procurement procedure regardless
of the stipulations in subsection 1 of this section, if the total estimated value of the
products being the object of the public contract of such services and the services
mentioned in part A of annex 2, besides the services mentioned in part B of annex 2 or
the estimated value of public works is equal to the threshold of the public procurement or
exceeds it.
(2) If the value of the public contract mentioned in subsection 1 of this section without
VAT is equal to the threshold of public procurement or exceeds it, the contracting
authority submits the public procurement report according to the procedure stipulated in §
37 pursuant of this act after awarding the public contract. If the estimated value of such
public contract without VAT is equal to the international threshold or exceeds it, the
contracting authority is obl iged to follow the rules of preparing the technical specification
stipulated in § 33. As to the rest the contracting authority proceeds from only the
requirements stipulated in this chapter in awarding of such public contracts, above all
from general princ iples of organising the public procurement stipulated in § 3.

§ 20. The rules for calculation of the estimated value of public
procurement
(1) The estimated value of public procurement has been calculated without VAT:
1)
the total sum to be presumably paid in performing the public contract by the
contracting authority, considering, inter alia, the potential obligations arising in the
future based on the public contract and the renewal of the public contract;
2)
potential awards or partic ipation fees granted in the design contest;
3)
the estimated total value of public works to be carried out based on the works
concession.

(2) The calculation of the estimated value of public procurement should be prepared
based on the price level corresponding to the average market price of the moment of
disclosure of the notice of procurement procedure or starting the design contest or works
concession in the register.

(3) The estimated maximum total value without VAT of the public contracts to be
awarded based on the latter within the validity period of framework agreement or
dynamic purchasing system is the basis for calculating the estimated value of public
contracts to be awarded based on the estimated value of framework agreement or
dynamic purchasing system.

(4) When in case of open or restricted procedure the possibility of awarding the new
works or service contract is notified of in the procurement notice by negotiated procedure
without prior publication of contract notice according to t he procedure stipulated in 2) of
(5) of § 28 of this act, the estimated value of public works or services contracted for

based on such additional public contract is included in the estimated value of public
contract.

(5) Provided the contracting authorit y precludes no award of the service contract based
on the results of design contest, the estimated value of design contest consists of the total
sum of awards or participation fees paid to the participants including the estimated value
of the service contr act to be presumably awarded.

(6) No choice of the basis for calculating the estimated value of public procurement
should be used for carrying out the public procurement for avoiding the established
procedure or following the requirements. If the calcula tion of the estimated value of
public procurement is possible based on several methods resulting from the stipulations
in this chapter and in using at least one of these methods the estimated value of the public
procurement would be equal either to threshold of public procurement or international
threshold or would exceed the relevant threshold, the contracting authority should
calculate the estimated value of the public procurement on the basis of this method.
(7) If the contracting authority pays the part icipation fee to cover the expenses related to
participation in the cases stipulated in this act to the participants in the public
procurement, it includes the participation fee in the estimated value of the public
procurement.

§ 21. Calculation of the e stimated value of the public supply or public
service contract
(1) The estimated value of the public supply contract, the object of which is the hire,
rental or lease of products is:

1) in case of fixed-term public contract the estimated total value of public contract
within its validity period, provided the term of public contract is 12 months or less;
2)
in case of fixed -term public contract the estimated total value of public contract with
the estimated residual value of the object pursuant t o the termination of the term of
public contract when the term of public contract is more than 12 months;
3)
in case of public contract without a fixed term or the public contract, the term of
which could not be specified at the moment of calculating the estimated value, the
estimated monthly payment multiplied by 48.

(2) The estimated value of the public supply or public service contract, which is regular
in its nature or which is intended to be renewed within a given period, is:
1)
the total value of the successive similar public contracts awarded during the preceding 12 months or the previous financial or budgetary year, by taking, if
possible, the estimated changes in the quantities to be purchased or ordered
into account or in the price dur ing the next period or;
2)
the estimated total value of the successive similar public contracts awarded during the next 12 months or the financial or budgetary year from the award of the
first public contract.

(3) The calculation of the estimated value of the public contract of insurance services is
based on the insurance premium and other forms of remuneration.

(4) The calculation of the estimated value of the public contract of banking or other
financial services is based on the service fees, commissions, interest and other forms of
remuneration.

(5) The estimated value of the public contract of planning services is based on the service
fees, commissions and other forms of remuneration.

(6) The basis for calculating the estimated value of the service contract which stipulates
no total value of the public contract is:
1)
in case of fixed -term public contract with the term of 48 months or less, the estimated
total value within the validity period of public contract;
2)
in case of public contract without a fixed term or public contract with the longer term than 48 months, the value of provision of services in one month multiplied by
48.

§ 22. Calculation of the estimated value of the public works contract
(1) The calculation of the estimated value of the public works contract is based on the
estimated cost of public works to be carried out in one building or different mutually
functionally related buildings, to which the estimated value of the objects needed for
executing the public works and transferred to the tenderer at the moment of transfer is
added.

(2) When the object is given into the use of the tenderer for the period of carrying out the
public works and this object will not be fully amortised during the performance of the
public works, the average market price for using this object during the state of use by the
tenderer is added to the estimated value of public works.

§ 23. Division of public procurement into lots
(1) The contracting authority is not entitled to divide the public procurement into lots to
avoid the procedure established for carrying out the public procurement or to avoid the
following of the requirements in this act, especially when the objects of the public
contract are the similar or functionally jointly operating, services or public works needed
for achieving the same objective.

(2) The procedure to be applied to the award of public contract with the total estimated
value of all lots is applied in awarding the public contract per each part of the public
procurement divided into lots.

(3) Provided the total estimated value of all lots of the public procurement to be divided
into lots is equal to the international threshold or exceeds it, the contracting authority may
deviate from the requirements stipulated in subsection 2 of this section and apply the
public contract award procedure with the estimated value of the relevant lot in public
contract award provided the total value of these lots does not exceed 20 percent of the
total estimated value of the public procurement and the value of each such lot without
value -added tax is less than:
1)
80,000 euros in case of public supply or public service contracts;
2)
1 million euros in case of the public works contracts.

§ 24. Division of public procurement into lots within one procurement
procedure
The contracting authority may divide the public procurement into lots within one
procurement procedure, by taking the estimated total value of all lots into account in

calculating the estimated value of the public procurement and by stipulating in the
procurement notice, whether it allows one tenderer to submit the tender to one, several or
all lots.
Chapter 2
PROCUREMENT PROCEDURE
Title 1
Types of procurement procedure and their application

§ 25. Open and restricted procedure
(1) Open procedure is the procurement procedure, whereby any interested person
compliant with the requirements stipulated in subsection 3 of § 12 and possible
restrictions established on the basis of the same section (h ereinafter the interested person
in this title) may submit a tender.
(2) Restricted procedure is the procurement procedure, in which any interested person
may submit the request to participate in the procurement procedure, but the tender may
be submitted only by the candidates chosen by the contracting authority on the basis of
the objective and non- discriminatory criteria, to which the contracting authority submits
the tender invitation.

(3) The contracting authority is obliged to organise the procurement procedure as open or
restricted procedure, provided no other stipulations have been fixed in this act.

§ 26. Competitive dialogue

(1) Competitive dialogue is a procurement procedure whereby any interested person may
submit the request to participate in the procurement procedure and whereby the
contracting authority conducts a dialogue with the candidates admitted on the basis of
objective and non-discriminatory criteria to that procedure with the aim to develop one or
more suitable solutions capable of meeting its needs regarding the performance and
functional requirements. The contracting authority submits the tender invitation to the
candidates chosen as a result of the dialogue and selects the successful tender on the basis
of the tender evaluation c riteria laid down in the contract notice or in the invitation to
start a dialogue.

(2) The contracting authority is entitled to organise the procurement procedure as
competitive dialogue, provided the contracting authority is not objectively able to defi ne
the technical solutions meeting its needs in accordance with the stipulations of § 33 or is
not objectively able to specify the legal or financial circumstances related to the
procurement with adequate precision and thus the public contract may not b e awarded
without unreasonable expenses or technical problems as a result of open or restricted
procedure and the contracting authority awards the public contract on the basis of the
most economically advantageous tender.

(3) Regardless of the terms sti pulated in subsection 2 of this section the contracting
authority is entitled to organise the procurement procedure as competitive dialogue,
provided the estimated value of the public procurement is below the international
threshold.

§ 27. Negotiated procedure with prior publication of a contract notice
(1) Negotiated procedure with prior publication of contract notice is a procurement
procedure, in which any interested person may submit the request to participate in the

procurement procedure and the contracting authority submits the tender invitation to at
least three candidates chosen by it on the basis of the objective and non- discriminatory
criteria and negotiates with them the tenders to adjust the tenders submitted by them with
the requirements st ipulated in the contract documents and select the successful tender.
(2) The contracting authority is entitled to organise the negotiated procedure with prior
publication of a contract notice:
1)
in the event no tender compliant with the requirements stipulated in the contract
documents or contract notice were submitted in response to an open or restricted
procedure or a competitive dialogue insofar as the original terms of the public
procurement are not substantially altered;
2)
when the nature of the public works, goods or services or the risks attaching thereto
do not enable to specify the estimated value of the public contract;
3)
in the case the nature of services being the object of the public contract, including the
services within cat egory 6 of annex 2 of this act, and services connected with
intellectual property rights for example services involving the design of works,
insofar as the nature of the services to be provided is such that terms of the public
contract cannot be establis hed with sufficient precision to permit the award of the
public contract as a result of open or restricted procedure;
4)
in respect of works contracts being the object of the public contract which are
performed solely for purposes of research or devel opment or for testing and not with
the aim of gaining profit or covering the research or development costs;
(3) Regardless of the terms stipulated in subsection 2 of this section the contracting
authority is entitled to organise the procurement as the negotiated procedure with prior
publication of a contract notice, if the estimated value of the public procurement is below
the international threshold.

§ 28. Negotiated procedure without prior publication of a contract notice

(1) In case of negotiated procedure without prior publication of a contract notice the
contracting authority negotiates the terms of the public contract with one or more
interested persons at its own choice, having previously submitted them the contract
documents.

(2) The contracting authority is entitled to organise the procurement procedure as a
negotiated procedure without prior publication of a contract notice if:
1)
no tenders or no requests to participate in the procurement procedure have been
submitted during the open procedure or a restricted procedure or all submitted
tenders were substantially different from the technical description of the object of
the public contract stipulated in the contract documents and the initial terms of the
public procurement are not subs tantially altered;
2)
when, for technical or artistic reasons, or for reasons connected with the protection
of exclusive rights, the public contract may be awarded only to a particular
tenderer;
3)
immediate award of the public contract is necessary due to the extreme need
brought about by events unforeseeable by the contracting authority and not
dependent on the contracting authority and which do not enable to withhold from
the dates stipulated in § 35 of this act.
(3) Upon request of the European Commission the contracting authority sends the
relevant report on the circumstances of implementation of the basis stipulated in clause 1
of subsection 2 of this section to the European Commission through the Ministry of
Finance.
(4) For awarding the supply contract in addition to the bases stipulated in subsection 2 of
this section contracting authority is entitled to organise the procurement procedure as a
negotiated procedure without prior publication of a contract notice if:

1) as the object of the contract are manufactured purely for the purpose of research,
experimentation, study or development and do not involve quantity production
which are produced or for covering the expenses related to research or development
activities;
2)
are purchased from the original tenderer for partial replacement or completion of the
goods earlier purchased from the original tenderer and where a change of supplier
obliges the contracting authority to acquir e goods which would result in
incompatibility with the existing or which operation and would result technical
problems, whereas the length of such additional public contract may not exceed three
years;
3)
are purchased on a commodity market;
4)
for the purchase of on particularly advantageous terms from the person as to whom
the liquidation procedure has been initiated or from the trustee in bankruptcy on the
basis of the agreement concluded with the creditors.
(5) For awarding the works or se rvice contracts in addition to the bases stipulated in
subsection 2 of this section contracting authorities may use a negotiated procedure
without prior publication of a contract notice if:
1)
the additional works or services not included in the initi al project or in the original
public contract are contracted for from the same tenderer, but which have, through
unforeseen circumstances, become necessary for performance of the works or
services described in the original contract within 20 percent of the value of the
original public contract, on condition that the award is made to the same tenderer,
when such additional works or services cannot be technically or economically
separated from the original contract without major expenses to the contracting
a uthority or when such additional works or services are strictly necessary for the
completion of the original public contract;
2)
new works or services consisting in the repetition of similar works or services
entrusted to the tenderer to whom the sam e contracting authority awarded an original
contract, provided that such works or services are in conformity with the original

project for which the original contract was awarded three years ago according to the
open or restricted procedure, whereas in the contract notice the possibility of
awarding of such public contract was indicated.

(6) The contracting authority is entitled to organise the procurement procedure as a
negotiated procedure without prior publication of a contract notice in awarding the
s ervice contract in addition to the bases stipulated in section 2 of this section, provided
the public contract will be awarded with the winner of the design contest or with one of
the winners and such condition has been stipulated in the design contest not ice. Provided
the public contract will be awarded with one of the winners of the design contest,
negotiations will be held with all winners.

(7) The contracting authority is entitled to organise the procurement procedure as a
negotiated procedure without prior publication of a contract notice in addition to the
bases stipulated in subsections 2 and 4- 6, if the estimated value of the public procurement
is below international threshold and:

1)
the object of the public contract is the licence to use the documents or database of
the library;
2)
goods are purchased with the considerably lower price of the usual market price by
using the especially advantageous terms offered within very short time period;
3)
goods are purchased or services or works are contracted for the diplomatic
representation in the foreign country;
4)
goods are purchased or services are contracted for by the contracting authority in
meaning of clauses 1 and 2 of subsection 1 of § 10 of this act from the custodial
institution or from the state company managing the production units of the custodial
institution;

5) the object of the public contract is the air transport services.

Title 2
General principles of procurement procedure

§ 29. Opening and termination of procurement procedure
(1) In order to start the open, restricted or negotiated procedure with prior publication of a
contract notice or the competitive dialogue the contracting authority submits the contract
notice to the register through the website of the register.

(2) The procurement procedure starts with publishing of a contract notice in the register,
excluding the negotiated procedure without prior publication of a contract notice. The
negotiated procedure without prior publication of a contract notice starts with the
submission of the contract documents by the contracting authority to one or more
interested persons chosen by it.

(3) Procurement procedure terminates with:
1)
the award of public contract or the framework agreement;
2)
the rejection of all tenders due to the reason that no tender was declared compatible;
3)
the rejection of all tenders on the bases stipulated in § 49 of this act;

4) the exclusion of all tenderers or candidates from the procurement procedure or
leaving them unqualified;
5)
non- submission of tenders or requests to participate in procurement procedure
pursuant to the procedure stipulated in this act within the specifie d time period;
6)
the declaration of the procurement procedure invalid by the Office or by the contracting authority itself on the basis of the prescription of the Office or in case
of the justified need on its own initiative;
7)
the termination of the term of validity of all tenders provided no tenderer agrees to extend the term of validity of the tender.

(4) If a contracting authority divides a public procurement into lots within one
procurement procedure, the procurement procedure terminates pursuant to the occurrence
of any basis stipulated in subsection 3 to any lot or in case the decision mentioned in
clause 6 of the subsection 3 on declaring the procurement procedure invalid is made on
the whole procurement procedure.

§ 30. Prior information notice
Where the contracting authority wishes to apply shortened time limits for the submission
of tenders as stipulated in subsection 5 of § 35 of this act, it has to submit the prior
information notice to the register:

1) as soon as possible aft er the beginning of its financial or budgetary year on the public
contracts for the goods and services mentioned in part A of annex 2 of this act according
to the types of goods or categories of services listed in part A of annex 2 it intends to
award over the financial or budgetary year ;

2) on the planned works contracts as soon as possible after the adoption of the relevant
decision.

§ 31. Contract documents
(1) The contracting authority shall prepare the contract documents prior to starting the
procurement procedure in case of the open procedure and negotiated procedure
without prior publication of a contract notice and in case of restricted procedure and
negotiated procedure with prior publication of a contract notice at the date of
submission of requests to participate in the procurement procedure at the latest. The
contract documents shall be prepared in the written form or in the electronic form
according to the requirements stipulated in this act and in the legal acts established on
its basis , provided the contracting authority has notified of using the electronic form
in a contract notice.
(2)
The contract documents shall include at least the following information, unless
otherwise provided in this act or if the relevant information has not been mentioned in
the contract notice:
1)
the proposal to submit tenders according to the terms included in the contract notice
and contract documents, where the contracting authority prepares the contract
documents in open procedure;
2) the techni cal specification of the object of the public contract prepared according to
the requirements stipulated in § 33 of this act;
3)
all terms of the future public contract or the draft of the public contract, excluding the
circumstances mentioned in clau se 4 of this subsection;
4)
all these circumstances on which the contracting authority requires the competitive
tenders;

5) the structure of the tender and the list of required documents and the requirements for
labelling the tender;
6)
the language and languages of preparing the tender;
7)
the structure and currency of submitting the value of the tender;
8)
the requirement for the tenderer to confirm the take -over of all terms provided in the
contract notice and contract documents in the tender and submit the tender only on
these circumstances on which the contracting authority requires the competitive
tenders;
9)
the requirement to the tenderer to indicate in the tender, in which extent of the
volume of the public contract the tenderer plans to award the subcontracts with the
names of the planned subcontractors which participate directly in the performance of
the public contract and information regarding the share and nature of the part of
public contract, as to which the tenderer plans to award the subcontracts with them
and provide the confirmation in the tender that the tenderer may involve other
subcontractors in performance of the essential part of the volume of the public
contract only upon the consent of the contracting authority pursuant to the receipt of
the confirmation on the absence of the bases of elimination from the procurement
procedure regarding them;
10)
the date and place of submission of the tenders;
11)
the minimum tender validity period;
12)
the amount of tender security if the contracting authority requires the submission of
tender security;
13)
contact data from where the additional information on the content of the contract
documents could be additionally asked about;
14)
the exact place and time f or opening the tenders;
15)
the bases for rejection of all tenders, if the contracting authority requires
establishing these.

(3) The contracting authority mentions in the contract documents whether it awards the
public contract on the basis of the most economically advantageous tender or only on the
basis of the lowest price, if not mentioning it in the contract notice. The contracting
authority may award the public contract only on the basis of the tender with the lowest
price, provided the economical advantageousness of the tender for the contracting
authority depends only on the price of the tender and all other terms of the f uture public
contract, including the criteria related to the object of the public contract, have been
comprehensively specified in the contract documents.

4) Provided the contracting authority awards the public contract on the basis of the most
economic ally advantageous tender, the contracting authority also specifies the tender
evaluation criteria enabling the objective evaluation related to the object of the public
contract, above all quality, price, technical value, aesthetical and functional properti es,
properties influencing the environment, operating expenses, feasibility, post -sales
maintenance and technical assistance and its cost, specific proven skills or experience of
the persons directly responsible for the provision of services or carrying ou t public works,
on which the quality of works carried out or services provided directly depends, the date
of performance of the public contract. The contracting authority specifies the objectively
grounded relative weight from the viewpoint of most economi cally advantageous tender ,
which is assigned to each selected tender evaluation criterion.
(5) Provided the contracting authority awards the public contract on the basis of the most
economically advantageous tender and the contracting authority has stipulated the
possibility to submit also the alternative solutions in the tender in addition to the solution
compliant with all terms stipulated in the contract notice and contract documents in the
tender, it specifies the requirements in the contract document s, with which the alternative
solutions should comply with and the terms of submission of alternative solutions.

(6) Provided the contracting authority plans to organise the competitive dialogue or
negotiated procedure with prior publication of a contract notice as successive stages, by
reducing the number of solutions being the object of the dialogue in each stage or the
number of tenders under negotiations, it notifies of it in the contract documents,
invitation to start the dialogue or in the contract notice.

(7) In case of award of service or works contract the contracting authority may stipulate
the condition that the tenderer should provide the major part of the services or carry out
the major part of the public works (fulfil the major part of publ ic contract) itself. Such
restriction based on the nature of the public contract has to be necessary for quality
assurance of performance of the public contract, for ensuring verifiability of performance
of the public contract or on other objective reason and in accordance with the generally
accepted good practice in the relevant field. The restriction of subcontracting does not
apply on the subcontract from the undertaking related to the tenderer.

(8) Provided the contracting authority has notified of t he carrying out of the electronic
auction in the contract notice, at least the following data should be additionally included
in the contract documents:
1)
indicators in the tender specified by number or percent, the comparison of which values is the object of electronic auction;
2)
restrictions to the values of the indicators mentioned in clause 1 of this subsection resulting from the object of the public contract;
3)
the information which will be made available to tenderers in the course of the
electronic auction and, if needed, the date when it will be made available to
them;
4)
the information concerning the electronic auction process;

5) the terms on the basis of which the tenderers participate in the electronic auction, in particular, the minimum differences, by which the new values or prices
presented during the auction should differ from the earlier ones;
6)
the relevant information concerning the electronic equipment used and the arrangements and technical specifications for the internet connection.
(9) If the contracting authorities organise the public procurement jointly on the basis
stipulated in § 13 of this act, the contracting authority authorised to organise the public
procurement specifies the contracting authorities being the parties of the public contracts
to be awarded in the contract documents, their division as to the public contracts and their
shares in fulfilling the obligations resulting from the public contracts.
(10) The contracting authority should enable the interested persons to examine the
contract documents free of charge. The contracting authority enables to examine the
contract documents on site or on the website. The contracting authority may require the
fee for the delivery of contract documents on paper which should not exceed the copying
and delivery costs of contract documents.

§ 32. Technical specification
(1) Technical specification in the meaning of this act has been established by using the
understandable terminology and degree of accuracy for the persons acting in the relevant
field to describe the object of the public contract by the contracting authority is:

1)
set of the characteristics and technical requirements on public works being the object
of the works contract ;
2)
a list of the characteristics and substantial properties of goods or services being the object of the supply or service contract.

(2) The set of technical requirements applicable for the public works shall describe the
requirements for materials, or goods in the manner which enables to evaluate their
suitability with the purpose of use of the object set by the contracting authority. These
requirements may involve among other things environmental requirements and
constructional requirements, including the requirement of accessibility criteria for people
with disabilities, conformity assessment, requirements to performance, security or
measurements, quality assurance means, used terminology, symbols, testing and test
methods, requirements for packagi ng, marking and labelling and production process and
technology. The mentioned requirements may also include the prescriptions related to
planning and cost of the building, testing, supervision and acceptance terms, requirements
for usage instructions and construction methods, technology and all other technical terms
which may be described by the contracting authority and which are related to the
completed buildings, their materials or parts.

(3) The list of essential characteristics of goods or services may include among other
things environmental requirements, requirements for quality and construction, including
the requirement of accessibility criteria for people with disabilities, conformity
assessment, efficiency, requirements on performance of the pr oduct, security or
measurements and to the name of the product under which it is distributed, compliance
requirements, used terminology, symbols, testing and test methods, packaging, marking
and labelling, user instructions, also requirements for producti on process and technology
and conformity assessment methods.

§ 33. Preparation of technical specification
(1) Provided the relevant field has no technical standard, the technical specification of the
object of public contract is prepared on the basis of the following order:
1)
Estonian standard transposing a European standard;

2) European standard;
3)
European technical approval established by the approval body appointed by the Member State of the European Union and which confirms that pro ceeding
from the technical viewpoint the product with its features is suitable to fulfil
the particular purpose regarding the compliance with the essential
requirements set for the public works in compliance with its features and
foreseen application or us e terms;
4)
Common technical specification established according to the procedure approved by the Member State of the European Union and published in the Official Journal
of the European Union;
5)
International standard;
6)
Technical control system established by some standard organisation of the European
Union;
7)
The original Estonian standard, Estonian technical approval or Estonian technical specification related to the design, , accounting methods or implementation of
public works or use of goods.

(2) Each reference made by the contracting authority to the basis mentioned in subsection
1 of this section in the technical specification shall be accompanied by the note “or
equival ent“.

(3) The technical specification may be also prepared as a whole or as to some feature
based on the specification of the performance or functional requirements of the object of
the public contract instead of the bases mentioned in subsection 1 of this section which
could also include environmental requirements. Such specification should be sufficiently
precise for specifying the object of the public contract by the tenderer and for the award
of the public contract.

(4) In preparing the technical specification on the basis mentioned in subsection 3 of this
section the basis mentioned in section 1 may be referred by the contracting authority as
the mean to guarantee the compliance with the performance or functional requirements
mentioned in subsection 3.

(5) Provided the basis of technical specification is among other things the environmental
requirements mentioned in subsection 3 of this section, these requirements may be also
specified as the set of requirements expressed as the term of receiving the European,
Estonian or international or other eco- labels or on the basis of single requirements
provided that:
1)
such requirements are appropriate to define the characteristics of the goods or services that are the object of the public contract;
2)
such requirements are drawn up on the bases of scientific information;
3)
by adopting these eco -labels the procedure open for all interested persons and
organisations has been used;
4)
the application of the usage permit of these eco -labels is accessible to all interested
persons.

(6) In the technical specification may be indicated that goods or services bearing the eco –
label compliant with the terms mentioned in subsection 5 of this section are presumabed
to comply with the technical sp ecification concerning the requirements expressed as the
term of receiving this eco -label.

(7) The technical specifications shall not refer to a specific purchase source, process,
trademark, patent, type, specific origin or production with the effect of favouring or
eliminating certain tenderers or certain. Such reference shall be permitted in case, if this
is unavoidably necessary resulting from the object of the public contract due to the fact
that a sufficiently precise and intelligible description of the object of the public contract
pursuant to the subsections 1 and 3 of this section is not possible. Such reference shall be
accompanied by the words or “equivalent“.

(8) The technical specification shall afford equal opportunities to all tenderers for
submission of tenders and not create unjustified obstacles to the opening up of public
procurement to competition.

(9) Whenever technically possible and relevant, the possible usage requirements for
people with disabilities need to be taken into conside ration in preparing the technical
specification related to the object of the public contract or prepare the technical
specification so that all people could use the object of the public contract.

§ 34. Tender security
(1) The contracting authority may require the tender security from the tenderer which
ensures the full or partial compensation of the losses incurred due to the failure to fulfil
the obligations within the procurement procedure to the contracting authority by the
tenderer, but no more than one percent of the estimated value of the public contract.

(2) Tender security should be required in the same amount from all tenderers.

(3) Provided the contracting authority has divided the public procurement within one
procurement procedure into lots, it may require the tender security also only on some lot.
As to one lot the tender security should be required from all tenderers in the same
amount.

(4) The contracting authority requires the tender security as the guarantee of the credit or
financial institution or insurer or as the depositing of cash amount to the settlement
account of the contracting authority.

(5)
The tender security remains with the contracting authority or the contracting
authority will have the right to realise it, provide d:
1)
the tenderer is excluded from the procurement procedure;
2)
the tenderer withdraws the tender within its validity date.

(6) The contracting authority returns the tender security to the tenderer within three
working days after:
1)
enforcement of the awarded public contract;
2)
termination of the validity date of its tender;
3)
declaration of procurement procedure invalid;
4)
withdrawal of tender in case stipulated in subsection 2 of § 44 of this act.

§ 35. The da tes for submitting the tenders and requests to participate in
procurement procedure

(1) The contracting authority shall fix the time limits for submission of tenders or
requests to participate in the procurement procedure based on the object of the public
contract, above all its complexity and quantity, volume or amount.

(2) In case of open procedure the date for submission of tenders shall not be shorter than
52 days from the publishing of the contract notice in the register.

(3) In case of restricted procedure, negotiated procedure with prior publication of a
contract notice and competitive dialogue the date for submission of the requests to
participate in the procurement procedure shall not be shorter than 37 days from the
publishing of contract noti ce in the register.

(4) In case of restricted procedure the date of submission of tenders shall not be shorter
than 40 days from the submission of the tender invitation to the candidates.

(5) In case of negotiated procedure with prior publication of a contract notice and
competitive dialogue the date of submission of tenders may be specified by the
agreement between the contracting authority and the candidates chosen by the contracting
authority, provided all chosen candidates have equal time for the submission of tenders.
If no agreement is reached, the contracting authority specifies the date for the submission
of tenders which shall not be shorter than 24 days from submitting the tender invitation.

(6) Provided the contracting authority has submitte d the prior information notice
according to the procedure set in § 30, the date for submission of tenders shall not be

generally shorter than 36 days in case of procurement procedures mentioned in
subsections 2 and 4 of this section. Provided the prior information notice included all
obligatory information required in the contract notice and it was submitted to the register
52 days up to 12 months prior to the submission of contract notice, the dates mentioned
shall not be shorter than 22 days. When the contracting authority enables the unrestricted
and full electronic access to the contract documents beginning from the date of
submission of the contract notice to the register and refers to the relevant website in the
contract notice, the mentioned dates may be shortened by 5 days.

(7) Provided the estimated value of the public contract is equal to the threshold of public
procurement or exceeds it, but is below of the international threshold, the date mentioned
in subsection 2 of this section shall be at le ast 22 days in case of works contract, at least
15 days in case of supply or service contract, the date mentioned in subsection 3 at least 7
days and the date mentioned in subsection 4 in case of works contract at least 22 days and
in case of supply or ser vice contract at least 15 days.

(8) Provided the contracting authority submits no contract documents or additional
information to the candidates or the persons interested in participating in the procurement
procedure within the dates stipulated in the this section, although these were applied in
time for or when the tenders may be made only after a visit to the site of performance of
the contract or after on -the -spot inspection of the documents supporting the contract
documents, first of all documents being the basis for preparing of the technical
specification, the contracting authority extends the time limits of submission of tenders if
needed by the reasonable date and extends the time of opening the tenders so that all
candidates or the persons inter ested in participation in the procurement procedure
received all information needed for submitting the tender.

(9) The contracting authority may extend the date of submission of tenders or the requests
to participate in the procurement procedure and, if needed, thus change the time of
opening the tenders. The date is not extended when the original date arrives before the
publishing of the changed contract notice in the register or before the forwarding of the
changed contract documents to all tenderers and to these candidates and interested
persons who have received the contract documents.

§ 36. Change of contract notice and contract documents
(1) The contracting authority may change the contract notice or contract documents prior
to the date of submitting of tenders or requests to participate in the procurement
procedure fixed in the contract notice.

(2) In order to change the contract notice the contracting authority shall submit the new
contract notice to the register and immediately notifies all tenderers, candidates and the
interested persons having received the contract documents of it.

(3) By changing the contract documents the contracting authority forwards the changed
contract documents simultaneously to all tenderers and to the candidates and interested
persons having received the contract documents.

(4) ) In changing the contract notice or contract documents the contracting authority shall
extend the date of submission of tenders or requests to participate in the procurement
procedure so that the date of submission of tenders or the date of submission of the
requests to participate in the procurement procedure to the persons mentioned in
subsection 3 of this section from the publishing of the changed contract notice in the

register or forwarding of the changed contract documents would be at least equal to the
half of the relevant minimum date stipulated in this act. The contracting authority must
not extend the mentioned date, provided the changes concern only the contact data or in
other cases, if the tender prepared on the basis of the original notice and contract
documents could not become non-compliant due to the changes made or if the tenderer or
candidate compliant with the qualification criteria on the basis of the original notice
co uld not remain unqualified due to the changes made.
(5) By only extending the dates and changing the date of opening of tenders on the basis
stipulated in subsection 9 of § 35 of this act, the changed date should not comply with the
stipulations in subsect ion 4 of this section.

§ 37. Public procurement report
(1) The contracting authority shall submit the public procurement report to the register
through the website of the register within ten days after the end of the prorocurement
procedure.

(2) The contracting authority shall submit the public procurement report to the register
within ten days after the end of the public procurement procedure also in case the value
of the public contract exceeds 10,000 euros without VAT in case of goods or services o r
30,000 euros in case of public works. The mentioned obligation shall not apply in case of
public contracts awarded on the basis of the framework agreement.

(3) Provided the contracting authority has divided the public procurement within one
procurement procedure into lots, it shall submit the public procurement report within 45
days at the latest after concluding the public contract concerning some lot, when by such
moment any bases of termination of the procurement procedure stipulated in subsection 3

of § 29 of this act have not occurred as to all lots. The contracting authority shall submit
the separate public procurement report on the remaining lots within 45 days pursuant to
the occurrence of any bases of termination of the procurement procedure sti pulated in
subsection 3 of § 29 of this act as to any of these lots.

(4)The contracting authority shall submit the annex of the public procurement report
pursuant to the termination of the public contract or framework agreement within 10
days to the register, which includes the following:
1) the changes made in the public contract including the reasons of changes and the
major differences of performance of the public contract compared to the stipulations in
the public contract, first of all the violation of the public contract or pre -term
termination,
2) major subcontractors having participated in the direct performance of the public
contract based on the subcontracts, including the description of the performance made or
the value of the subcontract or
3) the values of the public contracts awarded on the basis of the framework agreement or
the descriptions of the performance made on the basis of the latter.
Title 3
Verification of qualification of the tenderer and candidate

§ 38. Exclusion of the te nderer and candidate from the procurement
procedure
(1) The contracting authority shall not conclude public contract with the person and shall
exclude the tenderer or candidate from the procurement procedure at any time:

1) which is or which legal representative has been the subject of a conviction by final
judgement for organizing the criminal group or belonging thereto or violation
of the requirements of public procurement, committing of offences related to
professional misconduct or fraud or money laundering and which data
concerning punishment have not been cancelled from the punishment register
according to the Punishment Register Act or the punishment is valid in
accordance with the legal acts of its country of residence or location;
2)
whic h is bankrupt or under liquidation, which business activities have been
suspended or which is in other similar state according to the legislation of its
country of location, excluding purchase of goods pursuant to the case and
terms stipulated in clause 4 of subsection 4 of § 28;
3)
as to which compulsory liquidation or other similar procedure has been started according to the legislation of its country of location;
4)
which has not fulfilled the obligations of payment of state taxes, local taxes of the location of the contracting authority or of its own residence or location or
social insurance payments in accordance with the legal acts or which has had
tax arrears with in the last 12 months prior to submission of the relevant
certificate to the contracting authority in total of more than within 30 days.
5)
which has submitted the joint tender in the same public procurement or concerning the same lot in case of the public procurement divided into lots within one
procurement procedure, having at the same time submitted the tender alone,
several joint tenders with different other joint tenderers or names the other
tenderer in performing the public contract as the subcontractor;
6)
which has submitted false data on the compliance with the requirements established by the contracting authority in this title or based on the terms stipulated in this
title.
(2)The contracting authority may exclude the tenderer or candidate from the
procurement procedure:

1) as to which or which representative is guilty of grave professional
misconduct concerning the professional or occupational behavioural rules
proven with the decision of the court of honour of occupational or
professional association or on any other similar basis;
2)
which has not submitted the data or documents regarding the absence of the bases of exclusion of the tenderer or the candidate from the procurement procedure
required by the contracting authorit y, provided these data or documents are
not available through the public register without major expenses;
3)
which has not notified the contracting authority of the significant changes regarding the circumstances mentioned in subsection 1 of this sec tion;
4)
which tender has been prepared with the participation of the person which has participated in preparing the contract documents of the same public
procurement or which has in some other way related to the contracting
authority and the informa tion known to that person provides it the
preference before other tenderers;
5)
which has paid the social tax and social insurance payments per employee within the last year in the lower amount than 70 percent of the sum of social tax and
social ins urance payments paid per employee on the average salary of its
country of location and region in the relevant field.

(3) The contracting authority shall require from the tenderer or candidate together with
documents proving its qualification or separa tely:
1)
submission of written confirmation of the absence of the circumstances mentioned in clauses 1 -3 of subsection 1 of this section;
2)
submission of the certificate of the Tax and Customs Board and the tax authority of the country of locati on of the tenderer or candidate or the local tax authority of

the tenderer or candidate with the relevant competence on the absence of the
fact mentioned in clause 4 of subsection 1 of this section or in case the
administrative agency of the relevant competence of the country of location of
the tenderer or candidate is not issuing the certificate with such content, the
certificate of this administrative agency on the absence of the tax arrears.

(4) The contracting authority shall require the submission of the written confirmation of
the tenderer together with the tender that the subcontractors participating in the direct
performance of the public contract on the basis of the subcontract have no bases
mentioned in the subsections 1 and 2 of this section.

(5) Provided the contracting authority has justified doubts that the bases mentioned in
clauses 1 -4 of subsection 1 of this section occur by the tenderer, candidate or the
subcontractor of the tenderer, it could require the relevant notice of punishment re gister
on the absence of the mentioned bases from the tenderer or candidate or the equivalent
document issued by the court or administrative authority of the country of location of the
tenderer, candidate or the subcontractor of the tenderer or any other c ertificate issued by
the administrative agency authorised for that purpose or written authorization of the
tenderer, candidate or the subcontractor of the tenderer for turning to the relevant
administrative agencies for receiving the confirmation on the absence of mentioned
bases. Provided the country of location of the tenderer or the candidate or the
subcontractor of the tenderer issues no such documents, it could be replaced by the
testimony given under oath by the tenderer, candidate or the subcontract or planned by the
tenderer or by its representative or with the testimony given before the competent legal
or administrative agency or notary or occupational or professional association according
to the legal acts of the country of location of the tendere r, candidate or subcontractor of
the tenderer.

(6) The contracting authority shall require the submission of the power of attorney given
to their representative with the documents submitted for the proving of their
qualification from the joint tenderers or joint candidates.
(7)
By excluding the tenderer or candidate from the procurement procedure on the bases
stipulated in this section the contracting authority shall make the relevant justified
written decision.

§ 39. Verification of qualifi cation of the tenderer and candidate
(1) The contracting authority must verify that the economical and financial standing of
the tenderer or candidate and the technical and professional ability comply with the
qualification criteria provided in the contra ct notice. The qualification criteria must be
sufficient for proving the ability of proper fulfilment of the public contract by the
tenderer or candidate and relevant and proportional with the nature, quantity and purpose
of the goods, services or public w orks that are the objects of the public contract.

(2) Provided the contracting authority has divided the public procurement into lots within
the procurement procedure and has set different qualification criteria as to different lots,
it verifies separately the compliance of the economic and financial standing and technical
and professional ability of tenderers or candidates having submitted the tender or the
request to participate in the procurement procedure with the qualification criteria
provided in the contract notice separately. The contracting authority may establish for
qualification of such tenderer or candidate which submits tender or the requests to
participate in the procurement procedure as to more than one lot, higher qualification
cri teria for the summed indicators proportionally with the estimated value of lots.

(3) The contracting authority is entitled to verify the qualification of tenderer or candidate
within the whole procurement procedure and if the fact is disclosed that the economic and
financial standing or technical and professional ability of the tenderer or candidate do not
comply with the qualification criteria provided in the contract notice, make a new
decision on the qualification of the tenderer or candidate and leave the tenderer or
candidate unqualified.

(4) The contracting authority may require the explanation of the content of documents
submitted for verification of qualification from the tenderer or candidate or submission of
additional documents.

(5) The cont racting authority may not leave the tenderer or candidate unqualified on the
grounds that it has no earlier public contracts for the purposes of § 4 of this act.

(6) The contracting authority shall make a relevant written grounded decision on the
qualifi cation or non- qualification of the tenderer or candidate.

(7) Unqualified tenderer or candidate shall not participate in the further procurement
procedure.

§ 40. Economic and financial standing of the tenderer and candidate
(1) In order to verify the compliance of the economic and financial standing of the
tenderer or candidate with the qualification criteria the contracting authority shall require
the submission of one or several following documents specified in the contract notice:

1) appropriate statements from bank or any other relevant document accepted by the contracting authority which proves the existence of the financial means at the
disposal of the tenderer or candidate needed to guarantee the performance of the
public contract;
2)
annual reports or extracts from the annual reports of up to three years, if the annual reports are public according to the legal acts of the country of location of the
tenderer or candidate;
3)
data on the net sales of the whole business acti vities of the tenderer or candidate or
on the net sales in the field related to the public contract or in part corresponding
to the object of the public contract within up to three financial years according to
their availability.

(2) The contracting authority may require the submission of the professional liability
insurance certificate or any other relevant document accepted by the contracting authority
from the tenderer or candidate which indicates that the tenderer or candidate has the
means needed for the compensation of loss that may incur with the possible violation of
the public contract or it has a possibility to receive these.

(3) ) If necessary and relevant for proving of qualification of the tenderer or candidate,
they may prove their compl iance with the requirements set for their economic and
financial standing within the performance of the particular public contract in addition to
its own indicators also on the basis of the means of another person, if it proves to the
contracting authority in acceptable way that this person has the means necessary for
performance of the public contract and corresponding to the object of the public contract
in its disposal and the tenderer or candidate may use the relevant means of that person, if
needed, f or performance of the public contract.

(4) ) The joint tenderers and joint candidates for proving the compliance with the
qualification criteria of their economic and financial standing. may rely on summed
indicators of all joint tenderers or joint candidates in case of the summed up indicators
(5) Provided the tenderer or the candidate is unable to submit the documents required in
the contract notice by the contracting authority for good reason, it may describe its
economic and financial standing with t he documents accepted by the contracting
authority, provided that the tenderer or the candidate will not be placed into a better
situation compared with other tenderers or candidates.

§ 41. Technical and professional ability of tenderers and candidates
(1) In order to verify the compliance of technical and professional ability of the tenderer
or candidate with the qualification criteria the contracting authority shall require the
submission of one or several of the following data and documents in the co ntract notice
according to the nature, quantity and usage method of services or public works contracted
and goods purchased on the basis of the public contract:
1)
the list of the public works in accordance with the properties specified by the contracting authority, carried out up to the last five years which reflects the value,
date and site of all substantial works carried out, among them contracted by
public procurement at their expediency and availability and the certificates
specifying these were completed according to the rules of the awarded contracts
and generally accepted good practice.
2)
the list of principal supplies of goods and services provided in accordance with the properties specified by the contracting authority provided up to the last three
years, among them including their value, dates of conclusion and information on
other parties of the contracts at their existence and expediency;
3)
the data on the technicians or technical bodies of the tenderer or candidate, especially those responsible for quality control regardless of whether or not belonging
directly to the staff of undertaking of the tenderer or candidate or act by sub –

contracting; in case of works contract the data of the persons or technical bodies
responsible for carrying out the public works;
4)
a description of the means and measures for monitoring and analysing the quality of the work and technical equipment used for ensuring quality by the tenderer or
candidate;
5)
the data on the experien ce, education and professional qualifications of the tenderer
or candidate or its managerial staff and of the persons responsible for rendering
services or managing of relevant public
works;

6)
the environmental management measures, if appropriate, applied for performance of
the public contract in case of the works or service contract;
7)
in case of service or works contract the average number of the employees, members of the management board of the tenderer or candidate and the persons employed
in the undertaking on other contractual basis in the last three years;
8)
confirmation of the tenderer on the existence of the tools or vehicles, plant and technical equipment or the existence of the relevant written statement for t he
acquisition or taking into use of necessary equipment which could be used by the
tenderer or candidate in performing the public contract;
9)
in case of service contract an indication of the proportion of the public contract which the tenderer or candidate intends possibly to subcontract;

10) samples, descriptions or photographs of the goods that are the object of the public
contract, the authenticity of which must be certified if required;
11) certificates drawn up by technical control or supervisor y agencies attesting the
conformity of goods clearly identified by references to technical regulations or
standards.

(2) Provided the estimated value of the public contract is equal to the international
threshold or exceeds it, the contracting authority shall always require the information
mentioned in clauses 1 or 2 of subsection 1 of this section among other things in the
contract notice.
(3) Provided the special requirements have been established in the legal acts for the
activity to be carried out on the basis of the public contract, the contracting authority
controls whether the tenderer or candidate has such activity licence or registration or
whether it belongs to the relevant organization according to the legal acts of the country
of its location, requiring, if needed, such certificate from the tenderer or candidate, if
these data are not available through the register to the contracting authority without major
expenses.
(4) The following will be attached to the list mentioned in clause 2 of subsect ion 1 at the
request of the contracting authority on the proper performance of the principal contracts:
1)
the certificate issued by other contracting party, provided the other party of the contract is the contracting authority mentioned in clauses 1- 3 of subsection 1 of §
10 of this act;
2)
the confirmation of the other party or the written confirmation of the tenderer or candidate , provided the other party is the legal person governed by private law or
physical person.

(5) Provided the goods or services that are the object of the public contract are complex
or with special purpose, the contracting authority or competent official body of the
country in which the supplier or service provider is established carries out a check upon
the agreement with the contracting authority on the production possibilities or technical
ability of the tenderer or candidate and, if needed, also on the possibilities of carrying out
the scientific and research work and the quality control measures applied.

(6) Where needed and appropriate for attesting the qualification of the tenderer or
candidate , the tenderer or candidate may prove the compliance of technical and
professional ability with the qualification criteria in the context of the performance of the
sp ecific public contract on the basis of the relevant indicators of the other personas to the
means and measures or specialists, regardless of the legal nature of the links which it has
with this person. For that purpose it has to prove by the way acceptable to the contracting
authority that this person has relevant means and measures or specialists and the tenderer
or candidate can use them, if needed, for performance of the public contract.

(7) The joint tenderers or joint candidates may rely on the compe tence of other joint
tenderers or joint candidates in proving the conformity of their technical and professional
ability with qualification criteria, provided this is possible resulting from the nature of the
relevant criterion.

(8) Provided the object o f the supply contract is in addition to the goods also their
delivery or installation or the involved services or public works, the contracting authority
may verify the qualification of the tenderer or candidate or the other person mentioned in
subsection 6 of this section for the provision of these services or carrying out the public
works in particular with regard to the technical and professional ability of this person.

(9) When the contracting authority requires the submission of the certificates of
independent bodies in the contract notice attesting the compliance of the tenderer or
candidate with certain quality assurance standards, refers to the quality assurance systems
based on the relevant European standards series certified by the bodies conform ing to the
European standards series concerning certification. The contracting authority shall
recognise the equivalent certificates from the bodies established in other Member States
and accept other evidence of equivalent quality assurance measures submi tted by the
tenderer or candidate.

(10) Provided the contracting authority requires the submission of the list of
environmental management measures applied on the basis of clause 6 of subsection 1 of
this section in the contract notice, it shall refer to the Eco-Management and Audit
Scheme (EMAS) of the European Union or to the EU legal acts based on the relevant
European or international standards handling certification or to the environmental
management standards based on the relevant European or intern ational standards certified
by the relevant bodies. The contracting authority shall recognise equivalent certificates
from the bodies established in other EU Member States and shall accept other evidence of
equivalent environmental management measures sub mitted by the tenderer or candidate.

§ 42. Official list of approved undertakings and certification of
undertakings
(1) The person registered in the official list of approved undertakings or certified as the
approved undertaking may submit the certificate of the keeper of the official list of
approved undertakings for proving its qualification in the procurement procedure on
entering it to the list or the certificate of the accredited certification institution on its
certification as the approved undertaking. The mentioned certificates indicate the data, on

the basis of which the person was entered to the list or the certificate was issued to the
person and the classification given to it in the list.

(2) The certificate issued by the keeper of the official list of the undertakings approved in
Estonia or in another Member State of the European Union on registering of the person to
the official list of the approved undertakings or the certificate of the competent
certification body on its certification as the approved undertaking proves to the
contracting authority the compliance of the person with the qualification criter ia
stipulated in § 38- 41 regarding these data which were the bases for certification or
registering the person in the list. The mentioned proof or certificate certifies the
compliance of the person with the criterion set by the contracting authority in cas e the
criterion being the basis of certification was equal to or higher of the criterion established
by the contracting authority.

(3) In addition to the data which were not the basis for registration of the person into the
list or certification, the con tracting authority may require additional certificate from the
candidate or tenderer besides the certificate mentioned in subsection 4 of this section on
the payment of local national or local taxes or social insurance payments in its country of
location.

(4) The contracting authority applies the subsections 2 and 3 of this section only
regarding the tenderer or candidate, the location of which is in the Member State of the
European Union which has established the procedure for creating and keeping the of ficial
list of approved undertakings or the procedure for certifying the approved undertakings.

(5) The Government of the Republic establishes the procedure of creating, keeping and
updating of the official list of approved undertakings of the specific field or the procedure
for certification of the approved undertakings upon the motion of the minister responsible
for the relevant field in Estonia.

(6) The keeper of the official list of the approved undertakings of the specific field is the
ministry re sponsible for the relevant field. Upon the permission of the Government of the
Republic the ministry may authorize the keeping of the official list of approved
undertakings to another legal person with the administration contract.

(7) The keeper of the official list of approved undertakings or the certification body
authorized for the certification of the approved undertakings may require the fee from the
undertaking for the entering to the list or certification or updating of the certificate. The
fee rates which are in accordance with the reasonable expenses of relevant operations of
the keeper of the list or the certification body are established by the Government of the
Republic.

(8) By establishing of the conditions of registration in the official list of approved
undertakings or certification requirements only the stipulations of § 38- 41 of this act.shall
be taken into account.

(9) For any registration in the official list of approved undertakings of the persons whose
country of location is any ot her Member State of the European Union no other data nor
certificates are required in their certification other than those requested from the persons
whose location is in Estonia.

(10) The keeper of the official list of approved undertakings or the certification body
authorized for the certification of the approved undertakings may not refuse from the
registration of the undertaking in the list or certification without basis.

(11) The competent certification body for the purposes of this act is the inst itution
corresponding to the European certification standards.

Title 4
Tender, its submission, opening and evaluation

§ 43. Tender
(1) The tender is the expression of will of the tenderer for the award of the public contract
which is binding for the t enderer from the date of submission of tenders up to at least the
termination of the minimum validity date of the tender fixed in the contract documents.
(2) The tender should comply with the terms stipulated in the contract notice, contract
documents and, if the separate tender invitation is submitted pursuant to the procedure
stipulated in this act, the terms stipulated in this invitation.
(3) The joint tender of joint tenderers should include the confirmation that the joint
tenderers are solidarily liable for the performance of the public contract.
(4) The tender is confidential. The information included in the tender may be disclosed
only in the cases and within the scope stipulated in this act.

§ 44. Submission of tender
(1) The tender is submitted in writing in the closed package and marked or in electronic
form according to the requirements stipulated in this act and legal acts established based
on the latter.
(2) The tenderer may withdraw the tender prior to the date of submission of tenders by
submitting the relevant notice in the same form with the tender to the contracting
authority.
(3) If the tenderer submits the new tender within the term of submission of tenders, the
tenders previously submitted by it will not become invalid theref ore without the notice
stipulated in subsection 2 of this section.
(4) Provided the contracting authority has allowed to submit alternative solutions, the
tenderer may submit the tender with alternative solutions.
(5) The tenderer may not submit the joi nt tender, if it submits the tender alone or if it
submits the joint tender with other joint tenders. The tenderer may not submit the tender,
if it has given consent to the other tenderer to name oneself the subcontractor in the
tender in performing the public contract.
(6) The contracting authority immediately submits the confirmation on the receipt of the
tender to the tenderer at its request.

§ 45. Extension of the validity period of the tender
(1) The tenderer may extend the tender validity period on the written proposal of the
contracting authority.

(2) The contracting authority is obliged to submit the proposal mentioned in subsection 1
of this section at least 10 days before the end of its tender validity period, if the
procurement procedure has not terminated by that moment. The tenderer notifies the
contracting authority of the extension of the tender validity period or its refusal within
five working days from the receipt of the relevant proposal.

§ 46. Opening of tenders
(1) Tenders shall be opened at the place and time specified in the contract notice, contract
documents or in the proposal to submit the tender by the contracting authority.

(2) In opening the tenders the contracting authority shall control the compliance of the
submitte d tenders indicated in the contract documents or in case of the competitive
dialogue with the structure of tender and the list of documents and prepares the minutes
of opening of tenders where the names of the tenderers are entered, registry codes and the
values of the submitted tenders, including the instalments of tenders, if these will be
considered in evaluation of tenders and the values of numerical indicators describing the
tender compliant with the evaluation criteria of other tenders. In the minutes shall be also
marked the information on which submitted tenders were not compliant with the
provisions stipulated in the contract documents or in the proposal to submit the tender
and the non- compliance reasons on the basis of the circumstances verified i n opening.

(3) The contracting authority forwards the transcript of the minutes of opening the
tenders to all tenderers within three working days from the opening of tenders. The
contracting authority may submit the transcript of the minutes of opening the tenders to
the tenderers with the notice on the decision of declaring the tender successful or on the
decision which is the basis for termination of the procurement procedure, if it forwards
the information on the decisions made during the procurement procedure to the tenderers

or candidates according to the provisions stipulated in subsection 4 of § 54 of this act and
has notified of such possibility in the contract documents or in the proposal to submit the
tender.

(4) The contracting authority enables the tenderers or their authorised representatives to
stay by the opening of tenders.

(5) The contracting authority is not disclosing the content of the tenders in opening the
tenders which violates the business secret of the tenderers or damages their mutual
competition.

§ 47. Verification of compliance of tenders
(1) The contracting authority verifies the compliance of tenders submitted by the
qualified tenderers which are opened pursuant to the procedure stipulated in § 46 with the
terms provided in the contract notice and in the contract documents and in case the
contracting authority submits the separate tender invitation pursuant to the procedure
stipulated in this act, with the terms provided in this proposal and makes a grounded
written decision on declaring the tenders suitable or on the rejection of tenders.

(2) The contracting authority rejects the tender, provided this is not compliant with the
terms provided in the contract notice or contract documents or in case the contracting
au thority submits the separate tender invitation pursuant to the procedure stipulated in
this act, with the terms provided in this proposal. The contracting authority may declare
the tender suitable, provided this is not including the substantive deviations from the
mentioned terms.

(3) The contracting authority rejects, inter alia, the tender which does not include the term
required according to the stipulations of clause 9, subsection 2 of § 31 of this act.

(4) Provided the contracting authority has referred to the basis mentioned in subsection 1
of § 33 of this act in the technical specification of the object of public contract, it will not
reject the tender in awarding the public supply or public service contract due to the non –
compliance, provided the tenderer proves to the contracting authority in the acceptable
way by using any appropriate certificates that the offered solutions are equivalent with
the requirements provided in the technical specification.

(5) Provided the contracting authority has prepared the technical specification of the
object of the public contract pursuant to the procedure stipulated in subsection 3 of § 33
of this act based on the performance or functional requirements of the object of the public
contract, it will not reject the tender, provided the offered public works, or services are
compliant with some bases stipulated in clauses 1 -7 of subsection 1 of § 33 which
handles the performance or functional requirements that are the basi s of the technical
specification of the object of public contract and the tenderer proves this with the
appropriate certificates in the way acceptable for the contracting authority.

(6) Provided the contracting authority has stipulated the pre -condition mentioned in
subsection 6 of § 33 of this act in the technical specification of the object of public
contract, it accepts relevant other proof submitted by the tenderer for the certification of
the compliance of the factors having an impact on the environment being the basis for the
technical description with the eco -label requirements.

(7) The appropriate certificate for the purpose of the subsections 4-6 of this section could
be the technical dossier of the product or the test protocol of the approved body.

(8) Provided the contracting authority has divided the public procurement within one
procurement procedure into lots, it controls the compliance of the tender submitted to
each lot with the terms provided in the contract notice, contract documents in case the
contracting authority submits the separate tender invitation pursuant to the procedure
stipulated in this act, with the terms provided in this proposal.

(9)The tenderer whose tender has been rejected is not participating in the further
procurement procedure.

(10) In case the contracting authority has divided the public procurement within one
procurement procedure into lots and the tenderer has submitted the tender to more than
one lot and the tender submitted to some lot has been declared suitable , the tenderer
participates in further procurement procedure as to these lots.

(11) In case the tenderer has submitted more than one tender or more than one tender to
the same lot of public procurement in case the latter has been divided into lots within one
procurement procedure and any of the tenders submitted by it in this public procurement
or to some lot has been declared suitable, it participates in further procurement procedure
with the tenders declared suitable.

§ 48. Tenders with abnormally low value

(1) Provided the contracting authority finds that the value of tender is abnormally low
compared to the estimated value of the public contract, the contracting authority should
require the relevant written explanation from the tenderer in the written form. The
tenderer is obliged to submit the written explanation to the contracting authority within
five working days from the receipt of the relevant requirement.
(2) The low value of the tender in the explanation mentioned in subsection 1 of this
sect ion may be justified mainly by:
1)
the economics of construction method, manufacturing process or the service
provided;
2)
the technical solution chosen by the tenderer or exceptionally favourable conditions
which are available to the tenderer fo r the performance of the public contract;
3)
originality of public works, goods or services;
4)
protection of employees valid in the place of performance of public contract and with
the terms regulating the work conditions;
5)
with the possi bility of tenderer to obtain state aid.

(3) The contracting authority shall verify the explanation submitted and shall evaluate the
proof submitted, also by consulting with the tenderer, if needed. Provided the contracting
authority still finds that the value of tender is abnormally low or when the tenderer
submits no required explanation to the contracting authority, the contracting authority
may reject the tender on the basis of the reasoned written decision.

(4) Provided the contracting authority establishes that the value of tender is abnormally
low, as the tenderer has obtained state aid, it may reject the tender only after the tenderer
is not able to prove within the reasonable term specified by the contracting authority that
the state aid given was in accordance with the legal acts. Provided the contracting

authority rejects the tender on this basis and the estimated value of public contract is
equal to the international threshold or exceeds it, it notifies the European Commission of
it through the Ministry of Finance.

§ 49. Rejection of all tenders
(1) The contracting authority may make a reasoned written decision on rejection of all
tenders, provided:
1)
the values of all tenders declared suitable significantly exceed the estimated value of
public contract or
2)
the contracting authority has stipulated the possibility of rejection of all tenders and the relevant objective and non- discriminatory basis in the contract documents and
this basis has been fulfilled.
(2)
Provided the contracting authority has divided the public procurement within one
procurement procedure into lots, it may make a decision on the rejection of all
tenders:
1)
as to this lot, on the tenders submitted to which any basis stipulated in subsection 1 of this section exists;
2)
as to these lots, the award of public contract as to which is inexpedient or is not compliant with the objective of the public procurement set by the c ontracting
authority without the award of the public contract as to this lot, regarding of
which any bases of termination of procurement procedure stipulated in clauses 2-
7 of subsection 3 of § 29 exist.

§ 50. Evaluation of tenders and declaration of ten der successful
(1) The contracting authority evaluates the tenders declared suitable. The contracting
authority considers the criteria of evaluation of tenders stipulated only in the contract
notice, contract documents or tender invitation in evaluation of the tenders.

(2) Provided the contracting authority awards the public contract based on the most
economically advantageous tender, it evaluates the tenders according to the relative share
assigned to the evaluation criteria related to the object of the public contract mentioned in
the contract notice or contract documents. The contracting authority declares the most
advantageous tender successful with the reasoned written decision according to the tender
evaluation criteria.

(3) Provided the contracting authority awa rds the public contract on the basis of the
tender with the lowest price, it evaluates the tenders only proceeding from their value and
declares the tender with the lowest price successful with the reasoned written decision.

(4) Provided the contracting authority has divided the public procurement into lots within
one procurement procedure, it evaluates the tenders and declares the tenders successful in
lots.

(5) In case the unit prices provided in the tenders are the basis for the payable fee on the
ba sis of the public contract and the obvious calculation error occurs as to the value of the
tender and the calculated total value is not compliant with the value calculated on the
basis of the unit prices provided in the tender, the contracting authority co rrects the
calculation error by calculating the value of the tender on the basis of the unit prices
provided in the tender and notifies in writing the tenderer immediately of it. The tenderer
responds to the contracting authority in writing within two workdays beginning from the
receipt of the relevant notice whether it agrees with the correction of the calculation error.
If the tenderer disagrees with the correction of the calculation error, the contracting
authority rejects the tender.

§ 51. Electronic auction
(1) Electronic auction is the final stage of tender evaluation for finding out the successful
tender, during which the contracting authority evaluates and compares the quantitively
measurable values of the terms provided in the tenders in the elec tronic environment
pursuant to the procedure stipulated in this section.

(2) In case of open and restricted procedure and in case of negotiated procedure with
prior publication of a contract notice in case mentioned in clause 1 of subsection 2 of
§ 27 of this act the contracting authority may organise the electronic auction on the
condition the object of the public contract can be precisely described. As a result the
electronic auction may not be organised in contracting for services or awarding the publi c
works contracts, the object of which is the intellectual activity, e.g. planning of public
works.

(3) Electronic auction may be used also for the award of public contract in organising the
competition between the tenderers which are the parties of the framework agreement and
in case of dynamic purchasing system.

(4) The electronic auction shall be based:
1)
solely on prices of tenders, provided the contracting authority awards the public contract based on the tender with the lowest price or
2)
on the prices of tenders or other numerically expressed criteria of tender evaluation, provided the contracting authority awards the public contract based on the
most economically advantageous tender.

(5) The contracting authority notifies of the organising of electronic auction in the
contract notice.

(6) Prior to starting the electronic auction the contracting authority controls the
compliance of the tenders with the terms stipulated in the contract documents and in case
it awards the public contract on the basis of the most economically advantageous tender,
evaluates the tenders prior to starting the auction proceeding from the evaluation criteria
of tenders and their relative weight.

(7) The requirements of organising the electronic auction for the usable equipment and
conduct procedure are established by the Government of the Republic.

(8) In the course of the electronic auction no requirements stipulated in subsection 5 of §
55 of this act are applied to the submission of the tenders, provided the Government of
the Republic is not establishing the relevant requirements on the basis of subsection 7 of
this section.

§ 52. Evaluation of alternative solutions
(1) The contracting authority evaluates the alternative solutions, provided it aw ards the
public contract on the basis of the most economically advantageous tender and has
allowed to submit the tenders with alternative solutions in the contract notice.

(2) The contracting authority evaluates only these alternative solutions which comply
with the requirements established for the alternative solutions in the contract documents
and which have been declared suitable based on these requirements.

(3) The contracting authority may not reject the alternative solution provided in the
tender with the reason that in awarding the public contract on terms provided in the
alternative solution the public service contract instead of public supply contract would be
dealt with or vice versa.

§ 53. Continuation of procurement procedure in case of waiver of the
tenderer having submitted the successful tender from the public contract
award
(1) Provided the tenderer having submitted the tender declared successful withdraws its
tender due to the reasons not resulting from the contracting authority:
1) the contracting authority declares the second -best tender as to the price successful, if it
awards the public contract on the basis of the tender with the lowest price;
2) provided the contracting authority awards the public contract on the basis of the m ost
economically advantageous tender, it revaluates all the remaining tenders according to
the subsection 2 of § 50 and declares the tender successful which is the most
advantageous of the tenders having been declared suitable according to the tender
evalu ation criteria stipulated in the contract notice, contract documents or tender
invitation.
(2) In case stipulated in clause 1 of subsection 1 of this section the contracting authority
has the right to require the loss compensation from the tenderer having withdrawn the
tender declared successful regarding the difference of withdrawn tender and the next
tender declared suitable.

(3) In case stipulated in clause 2 of subsection 1 of this section the contracting authority
has the right to require the loss compensation from the tenderer having withdrawn the
tender declared successful regarding all possible additional expenses which could be
covered by the contracting authority related to the award of public contract instead of
withdrawn tender on the basis of this tender which was declared successful after the re-
evaluation of tenders, also regarding the expenses resulting from the new evaluation of
tenders.
(4) The tender security not returned to the tenderer is deducted from the loss stipulated in
subsections 2 and 3 of this section.

Title 5
Notification

§ 54. Notification of the tenderers and candidates of the decision
(1) The contracting authority submits immediately, but not later than within three
workdays, the written notice on each decision made within the procurement procedure
which has an impact on its rights or obligations in the procurement procedure to the
tenderers or candidates, including the decision of eliminating the tenderer or candidate
from the tendering procedure, decision of qualifying t he tenderer or, candidate, decision
of leaving the tenderer or candidate unqualified, decision of rejection of tender, decision
of rejection of all tenders, decision mentioned in subsection 4 of § 65 of this act, decision
of declaring the tender suitable and decision of declaring the tender successful with the
names of tenderers or candidates , as to whose or whose tender the relevant decision was
made, also the reasons why the public contract or framework agreement was decided not
to be awarded or restart the procurement procedure.

(2) Upon the request of the tenderer or candidate the contracting authority submits in
writing within three workdays from the receipt of such application:
1)
reasons of leaving them unqualified for the tenderer or candidate;
2)
for the tenderer the reasons of rejection of its tender, including in cases when the decision was made according to which the tender is not equal for the purposes
of subsection 2 of § 33 of this act or is not compliant with the performance or
functional requirements set for the purposes of subsection 3;
3)
to each tenderer having submitted the tender declared suitable data describing the successful tender and its advantages compared to its tender and the name of
the tenderer or tenderers having submitted the tender declared successful.
(3) The contracting authority may leave the information of the notices mentioned in
subsection 1 of this section unsent to the tenderers or candidates, t he disclosure of which
would hinder the work of the law enforcement authorities, would contradict the public
interest or would violate the business secret of undertakings or would damage their
mutual competition.
(4) The contracting authority may deviate f rom the terms stipulated in subsections 1 and
2 of this section by submitting the information mentioned in subsections 1 and 2 to the
tenderers or candidates together promptly but no later than within five workdays from
making the decision of declaring the tender successful or the decision which is the basis
for the termination of the procurement procedure.

§ 55. Rules applicable to communication and form requirements of
documents
(1) All communication and information exchange referred to in this chapter may be
carried out by post, fax or personal delivery or by electronic mail, if not stipulated
otherwise in this chapter. Any notice or other information submitted by the contracting

authority based on the terms of this chapter is considered as submitted in time, provided
the notice has been sent as required within the term stipulated for submitting.

(2) Communication means and electronic information forwarding means used by the
con tracting authority must be generally available and technically interoperable with the
information and communication technology in general use and thus not restrict the
participation of the interested persons in the procurement procedure without reason.
(3 ) Communication and exchange and storage of information should be carried out in a
way which guarantees the integrity of data and the confidentiality of tenders, requests to
participate in the procurement procedure and other documents and this that the
con tracting authority may open the tenders and the requests for participating in the
procurement procedure and examine their content only after the expiry of the date of their
submission.

(4) The information and technical requirements needed for the electronic submission of
the tenders and requests to participate in the procurement procedure, including
encryption, shall be available to the interested persons.

(5) In case of electronic submission of the tenders and requests to participate in the
procurement procedure at least the following requirements should be met:
1)
Electronic signatures should comply with the requirements stipulated in the Digital Signatures Act and in the legal acts of the Member State of the European
Union established based on the framework of the community handling the
electronic signatures of the directive 1999/93/EC of the European Parliament
and Council (OJ L 13, 19 January 2000, pgs 12- 20);

2) The precise time of receipt of tenders and requests to participate in the procurement procedure may be specified by the contracting authority;
3)
It has been guaranteed that prior to the date of submission of tenders or requests to participate in the procurement procedure no one except their sender has an
access to these documents;
4)
Provided the access prohibition mentioned in clause 3 of this subsection is violated, this violation may be clearly established;
5)
The time of opening the tenders or requests to participate in the procurement procedure may be specified or changed only by the persons appointed by the
contracting authority;
6)
In the course of the procurement procedure the persons appointed by the contracting authority have the access to the tenders and requests to participate in the
procurement proce dure only as a result of the simultaneous procedure and
pursuant to the date specified by the contracting authority;
7)
The data provided in the tenders and requests to participate in the procurement procedure will be accessible for only the persons a ppointed by the contracting
authority.
(6) The requirements to the electronic submission of tenders and requests to participate in
the procurement procedure shall be established by the Government of the Republic.

§56. Explanations
(1) Each person participating in the procurement procedure and each interested person,
who at the respective moment has the possibility to participate in the procurement
procedure, has the right to receive explanations or additional information regarding the
contract noti ce, contract documents and the tender invitation.

(2) The contracting authority shall submit the explanations regarding the contract notice,
contract documents, tender invitation or additional information, the publication of which
is considered possible by the contracting authority, to the person asking simultaneously
for explanations or additional information, to all tenderers and candidates who have
received the contract documents or tender invitation or to the interested persons who have
received contract documents, who at the respective moment have a possibility to
participate in the procurement procedure and discloses these with the contract documents.
The contracting authority submits the mentioned information within three working days
from receiving the respective request.
(3) The contracting authority may demand from the tenderer or the candidate justified
explanation, delimitation or specification of the information presented in the tender or the
explanations, data or documents mentioned in subsect ion 4 of § 39 of this act. The
tenderer or candidate is obliged to submit the latter within three working days from the
receipt of the relevant claim.

Title 6
Open procedure
§ 57. Issue of contract documents in open procedure
(1) In case of an open procedure the contracting authority shall make possible to all
interested persons to extract contract documents at its location or electronically on the
website according to the stipulations of the contract notice. In addition, the contracting
authority may i ssue contract documents also by post in a written form and via e -mail in
an electronic form. The contracting authority shall register all persons who have taken out
contract documents. If the contracting authority enables to take out the contract
documents through the website, the interested person should have a possibility to register

oneself on the website as the person having received the contract documents, by
disclosing its contact data to the contracting authority.

(2) The contracting authority shal l specify the date for submitting tenders proceeding
from the object of the public contract, above all its complexity and quantity, volume or
amount, considering the minimum dates stipulated in § 35 of this act.

(3) In case the contracting authority does not guarantee unlimited and full electronic
access to the contract documents from publishing the contract notice in the register, it
will submit the contract documents to the interested person within three working days
from receiving the respective reques t.

§58. Submission, opening and evaluation of tenders in open procedure
(1) In case of an open procedure every interested person may submit a tender. Together
with the tender also the documents are submitted verifying the qualification of the
tenderer r espectively to the requirements of the contract notice.

(2) The contracting authority shall open all tenders submitted in due date, check the
qualifications of all tenderers according to the stipulations provided in this act and
contract notice and the c ompliance of the tenders of qualified tenderers with the terms
provided in the contract notice and contract documents and shall evaluate the tenders
declared suitable according to the procurement procedure stipulated in this act.

(3) The contracting authority may not conduct negotiations in the course of the
procurement procedure.

Title 7
Restricted procedure

§59. Candidates in restricted procedure
(1) In case of a restricted procedure each interested person may submit a request to
participate in the procurement procedure with the documents certifying the qualification
of the candidate as required in the contract notice. The request to participate in the
procurement procedure is submitted in written form or in the electronic form in
accordance with the requirements stipulated in this act and in the legal acts established on
its basis. The contracting authority shall immediately submit a confirmation on receiving
the request to the candidate at its request.

(2) In the contract notice the contracting au thority may restrict the number of
participating candidates in the procurement procedure, to whom it will present the
invitation to tender by establishing the numerical lower limit in the contract notice, which
may be a minimum of five and, if required, the upper limit and the objective and non-
discriminatory criteria for the selection of those candidates.

(3) The contracting authority shall check the qualification of all candidates who have on
time submitted the request to participate in the procurement procedure according to the
terms stipulated in this act and in the contract notice.

§60. Submission of tender invitation in restricted procedure
(1) The contracting authority shall submit the tender invitation to all qualified candidates
or, in case it has limited the number of candidates in the contract notice according to §59
(2), to at least the respective number of selected qualified candidates simultaneously. The
tender invitation is submitted in written form or in the electronic form in accordance w ith
the requirements stipulated in this act and in the legal acts established on its basis.

(2) Provided the number of qualified candidates is less than the numerical lower limit of
candidates specified in the contract notice, the contracting authority m ay continue the
procurement procedure by submitting the tender invitation to all qualified candidates.

(3) With the tender invitation the contract documents shall be forwarded or a reference to
the web address, provided the contracting authority ensures unlimited and full electronic
access to contract documents and a reference to the contract notice published in the
register.

§61. Opening and evaluation of tenders in restricted procedure

(1) The contracting authority shall open all tenders and check their compliance with the
terms provided in the contract notice, contract documents and tender invitation, and shall
evaluate all tenders declared suitable according to the procurement procedure stipulated
in this chapter.

(2) The contracting authority may not conduct negotiations in the course of the
procurement procedure.

Title 8
Competitive dialogue

§62. Candidates in competitive dialogue
(1) In case of competitive dialogue each interested person may submit a request to
participate in the procurement procedure with the documents certifying the qualification
of the candidate as required in the contract notice. The request to participate in the
procurement procedure is submitted in written form or in the electronic form in
accordance with the requirements stipulated in this act and in the legal acts established on
its basis. The contracting authority shall immediately submit a confirmation on receiving
the request to the candidate at its request.

(2) The contracting authority may limit the n umber of candidates participating in the
procurement procedure with which it has a dialogue by establishing a numerical lower
limit that may be a minimum of three and at option the upper limit and the objective and
non- discriminatory criteria for the selec tion of those candidates.

(3) The contracting authority shall check the qualifications of all candidates according to
the stipulations of this act and the contract notice.

§63. Dialogue
(1) The contracting authority shall make to all qualified candidat es or, in case it has
limited the number of candidates in the procurement notice according to §62 (2) of this
act, at least to the respective number of selected qualified candidates, simultaneously and
in a format which may be reproduced in writing a proposal to start a dialogue for finding
out the solution that will satisfy the needs of the contracting authority the best.

(2) In case the number of qualified candidates is less than the numerical lower limit of
candidates specified in the contract notice, the contracting authority may continue
procurement procedure by making a proposal to start a dialogue to all qualified
candidates.

(3) The proposal to start a dialogue specified in subsection 1 of this section must contain:
1) the description of the obje ct of the public contract or a reference to the web address in
case the contracting authority guarantees an unlimited and full electronic access to the
description;
2) reference to the published contract notice;
3) time and place of starting a dialogue and the language or languages used;
4) the terms submitted to the participants in the dialogue on whether the contracting
authority requires the transfer of the intellectual or other ownership of the solutions
offered in the course of the dialogue, whether the offered solutions are available to other
participants in the dialogue and whether the final tenders are submitted on the basis of
one solution selected by the contracting authority or in the course of the dialogue on the
basis of each solution offer by t he candidate itself;

5) in case of giving the awards for the compensation of expenses related to working out
the solutions offered in the course of the dialogue or in case of payment of participation
fee its amount, payment terms and procedure.
(4) The contracting authority will not add these data to the description of the object of the
public contract which resulting from the nature of the competitive dialogue may not be
specified in making the proposal mentioned in subsection 1 of this section or over which
the negotiations are held in the course of the dialogue.
(5) The contracting authority shall ensure the equal treatment of all candidates
participating in the dialogue in the course of the dialogue. The contracting authority may
not disclose informat ion in a discriminatory manner nor to disclose in the course of the
dialogue the solutions offered by the candidate nor any other confidential information to
other candidates participating in the dialogue nor to the third persons without the consent
of the candidate.

(6) In case the contracting authority has established such possibility in the contract notice,
it may have the dialogue in successive stages, by reducing the number of solutions
discussed in each stage. In case of existence of suitable soluti ons, the number of solutions
discussed in the last stage must be sufficient to ensure competition.

(7) In the course of the dialogue all terms of the future public contract may be addressed.

(8)
The contracting authority holds the dialogue with the candidates until finding the
solutions most compliant with its needs.

(9) The solutions worked out in the course of the dialogue are entered to the minutes
signed by the contracting authority and candidate.

(10)
The contracting authority may give awards to the tenderers or pay participation fee
for the compensation of expenses related to the working out the solutions offered in
the course of the dialogue, the amount of which may be differentiated depending on
the terms submitted on the suitability of the offered solution.

§64. Submission of tender invitation and evaluation of tenders in case of competitive
dialogue
(1) Pursuant to the specification of the solutions most suited to its needs, the contracting
authority shall notify all candidates participating in the dialogue of the termination of the
dialogue and shall present them simultaneously the invitation to submit tenders on the
grounds of solutions presented and specified in the course of the dialogue. The tender
invitation must include th ese data mentioned in subsection 2 of §31 of this act which are
needed to submit the tenders and appropriate implementation of the procurement
procedure and which have not been mentioned in the contract notice. The tender
invitation will be made in writing or in the electronic form according to the requirements
stipulated in this act and legal acts established on its basis.
(2) The contracting authority shall open all tenders and shall check their compliance with
the description and requirements of the obje ct of the public contract which it has
stipulated in the contract notice and tender invitation and shall evaluate all tenders
declared compliant according to the procurement procedure established in this chapter.
(3) The contracting authority may not hold negotiations in the course of the procurement
procedure pursuant to making the tender invitation.

Title 9
Negotiated procedure with prior publication of a contract notice

§ 65. Starting the negotiated procedure with prior
publication of a contract notice
(1) In case of negotiated procedure with prior publication of a contract notice each
interested person may submit the request to participate in the procurement procedure with
the documents certifying the qualification of the candidate as required i n the contract
notice. The request to participate in the procurement procedure is submitted in written
form or in the electronic form in accordance with the requirements stipulated in this act
and in the legal acts established on its basis. The contracting authority shall immediately
forward a confirmation on receiving the request to the candidate at its request.

(2) The contracting authority may restrict the number of candidates participating in the
procurement procedure, to which it submits the tender i nvitation by stipulating the
relevant numerical lower rate in the contract notice which may be three as minimum and
at option the upper limit and the objective and non- discriminatory criteria for selecting
these candidates.

(3) The contracting authority controls the qualification of all candidates according to the
terms stipulated in this act and contract notice.

(4) In case of clause 1, subsection 2 of § 27 of this act the
contracting authority may continue the started procurement
procedure with open procedure, restricted procedure or
competitive dialogue as the negotiated procedure with prior
publication of a contract notice without submitting the new
contract notice for starting the negotiated procedure with
prior publication of a contract notice nor recontrol the
qualification of candidates when starting the negotiations
on tenders with only these tenderers who were earlier
qualified during the same procurement procedure and who
submitted the tender compliant with the form requirements
controlled in opening the tenders. In this case the
contracting authority makes a reasoned written decision on
the substantive non-compliance of all tenders without
rejecting them and on starting the negotiations over the
tenders.

§ 66. Submission of tender invitation in the negotiated
procedure with prior publication of a contract notice
(1) The contracting authority submits the tender invitation simultaneously to all qualified
candidates or in case it has restricted the number of candidates in the contract notice
according to subsection 2 of § 65, at least to the relevant number of qualified candidates.
The tender invitation is submitted in written form or in the electronic form in accordance
with the requirements stipulated in this act and in the legal acts establis hed on its basis.

(2) Provided the number of qualified candidates is less than the numerical lower rate of
the candidates mentioned in the contract notice the contracting authority may continue
the procurement procedure by submitting the tender invitati on to all qualified candidates.

(3) With the tender invitation contract documents shall be
forwarded or relevant reference to the website, when the
contracting authority guarantees the unrestricted and full
electronic access to the contract documents and the
reference to the contract notice published in the register.
The contracting authority will not add these data mentioned
in subsection 2 of § 31 of this act to the contract documents
which as a result of the nature of the negotiated procedure
with prior publication of a contract notice may not be
specified at the moment of submitting the tender invitation
or over which are negotiated during the procurement
procedure.

§ 67. Opening of tenders and holding negotiations in the negotiated
procedure with prior publication of a contract notice
(1) The contracting authority opens all tenders, except in case stipulated in subsection 4
of § 65 of this act, and holds negotiations with the tenderers regarding the tenders to
adjust these, if needed, with the requirements stipulated in the contract notice and
contract documents and select the successful tender.

(2) During the negotiations the contracting authority guarantees the equal treatment of all
tenderers. The negotiations are confidential. The contracting authority is not disclosing
the information regarding the tenders received during the negotiations in the
discriminatory way which could provide an advantage to one tenderer before the others.

(3) Provided the contracting authority has stipulated this possibility in the contract notice
or contract documents, it could organise the negotiations as successive stages by
decreasing the number of tenders negotiated over in each stage. In case of existence of
appropriate tenders the number of tenders negotiated over in the last stage should be
sufficient for ensuring the competition.

Title 10
Negotiated procedure without publication of a contract notice

§ 68. Procedure of negotiated procedure without
publication of a contract notice
(1) In case of negotiate d procedure without publication of a contract notice the
contracting authority submits the contract documents to one or several interested persons
whose economic and financial standing and technical and professional ability are
presumably sufficient for pr oper performance of the public contract.

(2) The contracting authority will not add these data
mentioned in subsection 2 of § 31 of this act to the contract
documents which as a result of the nature of negotiated
procedure without publication of a contract notice could not
be specified at the moment of submission of contract
documents or which are negotiated over during the
procurement procedure.

(3) The contracting authority submits the qualification terms with the contract documents
and the requirements of submission of documents certifying the qualification to the
interested person and controls the qualification of the person according to the stipulations
in this act and the provided qualification criteria prior to starting the negotiations over the
terms of the public contract.

(4) The contracting authority holds negotiations over the terms of public contract with the
interested persons having received the contract documents to award the public contract
according to the provisions stipulated i n subsections 2 or 3 of § 50 of this act.

Title 11
Award and amendment of the public contract

§ 69. Award and amendment of the public contract
(1) The contracting authority is not allowed to give the consent for the award of the
public contract prior to passing of 14 days from the forwarding of notice on the decision
on declaring the tender successful, except in case of negotiated procedure without
publication of contract notice or in case the tender was submitted by only one tenderer in
other type of procurement procedure. The public contract awarded prior to expiry of the
mentioned date is void.

(2) The parties of the public contract may draw up the public contract as a separate
document.

(3) The contracting authority may agree in amendment of the awarded public contract
only in case the amendment is due to the objective circumstances which could not be
anticipated by the contracting authority during the award of the public contract and in
case of leaving the public contract unchanged, the achievem ent of the objective set with
the public contract would be fully or in material part in danger.
(4) The contracting authority may not agree in amending the public contract, if the
objective applied for with amendment could be achieved with the award of the new
public contract.
(5) The violation of the requirements stipulated in the subsections 3 and 4 of this section
has no impact on the validity of the public contract.
(6) If the contracting authority has divided the public procurement into lots within one
procurement procedure, it may award the public contract per each lot separately.

Title 12
Framework agreements

§ 70. Award of framework agreement
(1) The contracting authority may award the framework agreement with the term of up to
four years. The longer date is allowed in case this is objectively necessary and grounded
resulting from the object of the framework agreement.
(2) The contracting authority should not award the framework agreement in order to
preclude, limit or distort competition.
(3) T he framework agreement is awarded as a result of the procurement procedure
organised pursuant to the procedure stipulated in this chapter. The tenders to which the

consent for the award of the framework agreement is given are chosen according to the
procedure for evaluation of tenders stipulated in § 50 of this act based on the sequence of
advantage.
(4) The framework agreement is awarded, if possible, with at least three tenderers,
provided the sufficient number of qualified tenderers submit the tender com pliant with
the requirements stipulated in the contract documents.

§ 71. Award of public contracts based on the framework agreement
(1) The terms resulting from the framework agreement should be proceeded from in
awarding the public contracts based on the framework agreement and the procedure
stipulated in this section. If the terms of the public contracts awarded on the basis of the
framework agreement differ from the terms in the framework agreement, the terms of the
public contract should be more advantageous than the terms stipulated in the framework
agreement for the contracting authority, above all the unit cost of the object of the public
contract could be lower than the unit cost stipulated in the framework agreement.
(2) On the basis of the framework agreement awarded with one tenderer by the
contracting authority, the public contracts are awarded within the terms stipulated in the
framework agreement. The contracting authority may hold negotiations with the tenderer
in awarding the public contract s in the format which may be reproduced in writing or in
the same form as recorded as minutes and ask the tenderer to complete the tender, if
needed.
(3) Provided all terms of public contracts to be awarded on the basis of the framework
agreement the contr acting authority of which has awarded with more than one tenderer,
the public contracts will be awarded in the terms stipulated in the framework agreement.
(4) Provided not all terms of public contracts to be awarded on the basis of the framework
agreement the contracting authority of which has awarded with more than one tenderer,

the contracting authority awards the public contracts on the basis of the framework
agreement on the basis of the following procedure:
1)
The contracting authority holds negotiations with all tenderers that are the parties of the framework agreement in the written form or as recorded in the minutes;
2)
The contracting authority provides the reasonable date for the tenderers that are the parties of the framework agreement to submit the tenders for the award of the
public contract on the basis of the framework agreement, considering the
complexity of the object of the public contract and the time needed for the
submission of tenders;
3)
The tenderers that are the parties of the public contract submit the tenders in the written form to the contracting authority, the content of which is confidential
up to the expiry of the date mentioned in clause 2 of this subsection;
4)
The contracting authority awards the public contract with the tenderer based on the framework agreement who has submitted the most advantageous tender
according to the terms of awarding the public contracts stipulated in the
framework agreement.

(5) The contracting authority notifies the other tenderers that are the parties of the
framework agreement of the award of the public contract on the basis of the framework
agreement immediately but not later that within 3 working days from the award of the
public contract.

Chapter 3
PUBLIC WORKS CONCESSION Title 1
Granting public works concession

§ 72. Notice of public works concession
(1) When the contracting authority requires to award the public contract for granting the
public works concession (hereinafter the concession contract ) it should submit the notice
of public works concession to the register.

(2) According to the terms stipulated in the notice of public works concession all
interested persons are entitled to submit the concession application.

§ 73. Date of submission of concession applications and public
procurement report
(1) The contracting authority sets the date for submission of concession applications
which may not be less than 52 days from the publication of notice of public works
concession in the register.

(2) Provided the total estimated value of the public works to be carried out on the basis of
the public works concession is equal to the threshold of the public procurement or
exceeds it, but is lower of the international threshold, the date mentioned in subse ction 1
of this section should be at least 22 days.

(3) Provided the contracting authority submits no information needed for submitting the
concession applications within reasonable period from the receipt of relevant application
or when it has been subm itted at least six days before the date of submission of
concession application or when the concession applications may be submitted only
pursuant to the examining the place of performing the concession contract or the control
of technical documents on sit e, the contracting authority extends the date of submitting
the concession applications in case of the arising need so that the interested persons may
obtain all information needed for submitting the concession application.

(4) The contracting authority submits the public procurement report to the register within
ten days pursuant to the award of the concession contract.

§ 74. Subcontracting
(1) The contracting authority may require that:
1)
the concessionaire would award the public contracts with the subcontractors based on the concession which include at least 30 percent of the total estimated value of the
public works carried out based on the public works concession, by giving the
possibili ty to increase this rate to the concession candidate or
2)
the concession candidate would indicate in the concession application to how large extent of the estimated total value of the public contracts to be awarded based on

the public works concession the concession candidate intends to award the
subcontracts.
(2) The contracts which have been awarded by the concessionaire with the undertaking
related to it or with another person having submitted the joint concession application with
it are not considered among the subcontracts mentioned in subsection 1 of this section.
(3) The connected undertaking for the purposes of this section is any undertaking over
which the concessionaire has a dominant influence, whether directly or indirectly, or any
undertaking which has a dominant influence on the concessionaire or which, together
with concessionaire, is under the dominant influence of third person as a result of
ownership, financial participation, legal act or on other basis. A dominant influence ove r
an undertaking is presumed when, directly or indirectly in relation to another
undertaking, it holds a majority of the undertaking’s share capital, controls a majority of
the votes based on the shares or has a power to appoint more than half of the membe rs of
the undertaking’s management or supervisory body.
(4) The concession candidate shall add the full list of the undertakings related to it to the
concession application. The concessionaire shall update this list pursuant to each next
change in the int er-undertaking relation and shall submit the amended list immediately to
the contracting authority.

§ 75. Contracting for additional public works from the concessionaire
The contracting authority is not obliged to apply the procedure stipulated in this a ct,
when it contracts for additional public works occurred necessary due to the unforeseeable
circumstance for carrying out the public works described in the concession contract or
project, not included in the initial concession contract, within up to 50 percent of the
value of initial concession contract, provided such additional public works could neither
be technically nor economically separated without incurring major costs for the

contracting authority or additional public works are unavoidably necessary for
performing the initial concession contract.

Title 2
Award of public works contract based on the public works concession

§ 76. Award of public works contract by the concessionaire that is not a
contracting authority based on the public works conc ession
Provided the concessionaire that is not the contracting authority for the purposes of § 10
of this act requires to award the public works contract on the basis of the concession, the
estimated value of which is equal to the threshold of the public procurement or exceeds it,
it should follow the procedure stipulated in § 78, if not stipulated otherwise in § 77.

§ 77. Specifications of award of public works contract by the
concessionaire that is not the contracting authority based on the public
works concession
(1) The concessionaire is not obliged to apply the terms stipulated in § 76 in awarding the
public works contract based on the public works concession, provided any terms for
application of negotiated procedure without publication of a contract notice stipulated in
§ 28 of this act have been met.

(3) The concessionaire is not obliged to apply the terms stipulated in § 76 based on the
public works concession in awarding the works contract with the connected undertaking
or the other person havin g submitted the joint concession application with it.

§ 78. Procedure for public works contract award by the concessionaire
that is not the contracting authority based on the public works concession

(1) The concessionaire submits the contract notice to the register for awarding the public
works contract based on the public works concession.

(2) The concessionaire determines the date of submission of tenders or the requests to
participate in the procurement procedure based on the complexity of public contract and
the time period presumably needed for the preparing and submission of tenders based on
the stipulations in subsections 3-9 of § 35 of this act.

(3) Provided the concessionaire guarantees no unlimited and complete electronic access
to the contract documents from the publication of the contract notice in the register, the
concessionaire submits the contract documents to the interested person within three
working days from the receipt of the relevant request.

(4) The concessionaire submits the public procurement report to the register within ten
days after the award of the public contract.

Chapter 4
DESIGN CONTEST

§ 79. Types of design contest
(1) The contracting authority may organise the design contest:
1)
with the objective to award the public service contract with the winner of the design
contest based of the conceptual design offered by it;

2) only for the receipt of conceptual design by giving the prizes to the winner or winners of the design contest or by paying the participation fees to the
participants.
(2) In case stipulated in clause 1 of subsection 1 of this section the contracting authority
is entitled to award the public service contract with the winner of the design contest based
on subsection 6 of § 28, if it is not excluding this possibility in the design contest notice
and the estimated value of the public contract to be awarded has been included in the
estimated value of the design contest according to the terms stipulated in subsection 5 of
§ 20.

§ 80. Procedure of organizing the design contest
(1) In order to start the design contest the contracting authority submits the invitation of
design contest to the register.
(2) The contracting authority stipulates in the design contest notice, inter alia, whether it
requires the transfer of the copyright or other ownership of the submitted conceptual
designs from the winner of the design contest and other participants in the design contest
or not.
(3) The contracting authority may restrict the nu mber of participants at the contest by
establishing the clear and non -discriminatory criteria for the selection of the participants.
The number of invited participants should be sufficient to ensure the competition.
(4) The contracting authority may establ ish the professional qualification requirements
for the participants at the design contest in case of practicality based on the objective
criteria.
(5) The conceptual designs are assessed by the jury of the design contest.
(6) The contracting authority announces the participant having submitted the best
conceptual design the winner of the design contest in the opinion of the jury. There can
be one or many winners.
(7) The contracting authority submits the results of the design contest to the register
within ten days pursuant to the announcement of the winner of the design contest.

§ 81. Jury of the design contest

(1) The contracting authority appoints the jury of the design contest for the evaluation of
conceptual designs submitted at the design contest.
(2) The members of the jury of the design contest should be the natural persons
independent of the participants at the design contest.
(3) Provided the contracting authority has established the requirements of professional
qualification for the participants of the design contest, at least one third of the members
of the jury of the design contest should have equivalent professional qualification.
(4) The jury of the design contest is independent in its decisions and opinions and
proceeds only from the criteria stipulated in the invitation of design contest.
(5) Conceptual designs are anonymous up to the making of the decision by the jury.

(6) The jury of the design contest prepares the minutes on its activities where the order of
superiority of the evaluated conceptual designs, the prizes given to the winners of the
design contest, participation fees paid to the participants, notes of the members of the jury
and potential circumstances requiring additional explanation are entered. The jury may
forward through the contracting authority the questions to the participants of the design
contest regarding the circumstances requiring explanation entered to the minutes. The
questions and answers are entered to the minutes. The minutes will be signed by all
me mbers of the jury of the design contest.

Chapter 5
PROCUREMENT PROCEDURE IN UTILITIES SECTORS

Title 1
Application of chapter

§ 82. Application of provisions
The provisions of chapter 2 shall be applied to organising procurement procedure in
utilities sectors pursuant to the procedure provided in § 15 of this act, unless otherwise
provided by this act.

§ 83. Operations in the sectors related to gas and thermal energy
(1) For the purpose of this act, operations in the sectors related to gas and the rmal energy
shall be:
1)
the operation of the fixed network intended to provide a service to the public in connection with the transfer or distribution of gas or thermal energy or with
the production, transport or distribution of gas or thermal energy; or
2)
the supply of gas or thermal energy to such networks.

(2) Provided the contracting authority, except the contracting authority mentioned in
clause 1 of subsection 1 of § 10 of this act, supplies the networks providing the public
service with gas or thermal energy, this shall not be considered the activity within the
meaning of subsection 1 of this section if:
1)
the production of gas or thermal energy by the contracting authority is the unavoidable consequence of carrying out an ac tivity other than those referred
to in sections 84 to 89 of this act or in this section; and
2)
the public networks are supplied with gas or thermal energy of the contracting
authority’s own consumption surplus, aimed only at the economic exploitation
of such production and amounts to no more than 20 % of the contracting
authority’s last three years average turnover.
§ 84. Operations in the sectors related to electricity

(1) For the purpose of this act, operations in the sectors related to electricity shall be:
1)
the operation of the fixed network intended to provide a service in connection with the production, transfer or distribution of electricity to the public or
2)
the supply of electricity to such networks.

(2) Provided the contracting authority, except the contracting authority mentioned in
clause 1 of subsection 1 of § 10 of this ac t, supplies the networks providing the public
service with electricity, this shall not be considered the activity within the meaning of
subsection 1 of this section if:
1)
the production of electricity by the contracting authority takes place because its consumption is necessary for carrying out an activity other than those referred
to in sections 83 and 85 to 89 or in this section and
2)
supply to the public network depends only on the contracting authority’s own consumption and has not exceeded 30% of the contracting authority’s total
production of energy, having regard to the average of its last three years
production of energy.

§ 85. Operations in the sectors related to water
(1) For the purpose of this act, operations in the sectors related to water shall be:
1)
the operation of public water supply and sewerage systems intended to provide a
service in connection with the production, transport or distribution of drinking
water to the public,
2)
the supply of drinking water to such public water supply systems.
3)
hydraulic engineering projects, land irrigation or drainage works, if more than 20 percent of the total volume of the water received in the course of the

mentioned projects, irrigation or drainage works are used for the supply of
drinking water or
4)
the discharges purification and processing of wastewater.
(2) Provided the contracting authority, except the contracting authority mentioned in
clause 1 of subsection 1 of § 10 of this act, supplies the water supply facil ity providing
the public service with drinking water, this shall not be considered the activity within the
meaning of subsection 1 of this section if:
1)
the production of drinking water by the contracting authority takes place because its consumption is necessary for carrying out an activity other than those referred
to in sections 83 to 84 and 86 to 89 or in this section and;
2)
supply to the public water supply systems depends only on the contracting authority’s
own consumption and has not exceeded 30% of the contracting authority’s
total production of drinking water, having regard to the average of its last
three years production of drinking water.

§ 86. Operations in the sectors related to transport services
(1) For the purpose of this act, operation in the sectors related to transport services shall
be the operation of networks or the provision of transport service by train, bus, t ramway,
trolley bus, automated systems or cableway to the public.
(2) A network shall be considered to exist within the meaning of subsection 1 of this
section where the service is provided under operating conditions laid down by a
competent authority auth orized to do so under the legal acts, such as the list of the routes
to be served, the capacity to be made available or the frequency of the service.
(3) The provision of bus transport services to the public within the meaning of subsection
1 of this secti on where other persons have the right to provide bus transport services in

the same region and on the same conditions shall not be considered to be operation in the
sector related to transport services within the meaning of this act.

§ 87. Operations in the sectors related to postal services
(1) For the purpose of this act, operations in the sectors related to postal services shall be
the provision of postal services or other services listed in subsection 4 of this section.
(2) For the purpose of subsection 1 of this section, postal services shall be the services
consisting of the collecting, sorting, transporting and delivery of postal items to the
recipients. These services include both reserved postal services and other postal services
on the basis of a rticle 7 of Directive 97/67/EC of the European Parliament and Council
on the common rules handling the development of the domestic market of postal services
of the community and improvement of the service quality (OJ L 15, 21 January 1998, pgs
14- 25).
(3) A postal item within the meaning of subsection 2 of this section shall be an item
addressed in the final form in which it is to be carried, irrespective of weight. In addition
to items of correspondence, such items also include for instance books, catalog ues,
newspapers, periodicals and postal packages containing merchandise with or without
commercial value.
(4) Other services than postal services within the meaning of subsection 1 of this section,
the provision of which is considered to be operation in the sectors related to postal
services, are the services to be provided by the contracting authority rendering the postal
services mentioned in subsection 2:
1)
postal service management services: services both preceding and subsequent to despatch of postal item, such as post office service management services;
2)
added -value services linked to and provided by electronic means, including the
secure transmission of encrypted documents by electronic means, address
management services and transmission of registered electronic mail;

3) services concerning postal items not included with the meaning of postal item within the meaning of subsection 3 of this section, such as direct mail bearing no
address;
4)
financial services, as defined in categ ory 6 of Annex 2 A and within the meaning of
clause 9 of subsection 1 of § 14 which include postal money transfer orders
and non- cash settlements;
5)
philately services;
6)
logistics services combining physical delivery or warehousing with other non- postal
functions.

§ 88. Operations in the sectors related to surveys of mines and extraction
of oil, gas, coal, oil shale, peat and other solid fuels
For the purpose of this act, operations in the sectors related to surveys of mines and
extraction of oil, gas, coal, oil shale, peat and other solid fuels shall be the exploitation of
a geographical area for the purpose of exploring for the mines or extracting oil, gas, coal,
oil shale, peat and other mineral resources used as solid fuels.

§ 89. Operations in the sectors related to ports or airports
For the purpose of this act, operations in the sectors related to ports or airports shall be
the exploitation of a geographical area for the purpose of the provision of airport or port
services to the undertakings of air or water transport.

§ 90. Specifications concerning the scope of application of this chapter
(1) A contracting authority is not required to apply the procedure provided for in this
chapter to the following:

1) contracts awarded for purposes of resale or lease to third parties, provided that the
contracting authority enjoys no special or exclusive right to sell or lease the
object of such contract and other persons have the right to sell or lease it under
the same conditions as the contracting authority;
2)
contracts awarded for purposes of pursuing their activities as described in sections 83 to 89 in the territory of the country not belonging to the European Union in
conditions not involving the physical use of a network or geographical area
within a European Union member state;
3)
contracts entered into with the undertaking related to the contracting authority;
4)
contracts awarded to a legal person or civil law partnership which has been set up by the contracting authority who is a party to the contract and other contracting
authorities in order to carry out the activity referred to in sections 83 to 89
over a period of at least three years and according to the articles of association
or foundation resolution or c ontract of partnership the contracting authorities,
which form it, will be the part thereof for at least the same period;
5)
contracts awarded for the purposes of pursuing their activities as described in
sections 83 to 89 if such activities are, on the conditions provided for in
section 91, directly and with free access exposed to competition.

(2) A legal person or civil law partnership which has been set up by contracting
authorities in order to carry out the activities referred to in sections 83 to 89 is not
required to apply the procedure provided for in this chapter to contracts awarded to:
1)
a contracting authority who has s et up or is participating in it;
2)
an undertaking related to the contracting authority which has set it up or is participating in it.

(3) The exception referred to in clause 3 of subsection 1 and clause 2 of subsection 2 of
this section may be applied, provided that at least 80 % of the average turnover of the
connected undertaking with respect to the provision of services, supply of items or
performance of public works for the preceding three years derives from the provision of
such services, suppl y of products or performance of public works to such contracting
authorities or undertakings which are related to them. When, because of the date on
which a connected undertaking was created or commenced activities, the turnover is not
available for the pr eceding three years, it will be sufficient for that undertaking to show
by other means, particularly by means of business projections, that the turnover is
credible. Where more than one undertaking related to the contracting authority provides
the same or similar services, products or public works, the above percentages shall be
calculated taking into account the total turnover deriving respectively from the provision
of services, products or public works by those connected undertakings.

(4) In case of im plementation of exception referred to in clause 2 of subsection 1 of this
section and in the case of contracts awarded for purposes other than the pursuit of an
activity referred to in sections 83 to 89 the contracting authority shall notify in writing the
European Commission, at the latter’s request, through the Ministry of Finance of all such
activities which are considered to be covered by the exclusion or the purpose.

(5) In case of implementation of the exceptions referred to in clauses 3- 5 of subsection 1
of this section and in subsection 2 of this section the contracting authority shall
communicate in writing to the European Commission, at the latter’s request, through the
Ministry of Finance the names of relevant undertakings, the description of important
terms and conditions and the value of the contracts to be awarded and a proof as may be
deemed necessary by the European Commission that the relationship between the

contracting authority and the connected undertakings complies with the requirements of
this section.

(6) For the purpose of this chapter, connected undertaking means any undertaking the
annual report of which is consolidated with those of the contracti ng authority or an
undertaking over which the contracting authority may exercise, directly or indirectly, a
dominant influence within the meaning of clause 10 (3) 2) or which may exercise a
dominant influence over the contracting authority or which, in com mon with the
contracting authority, is subject to the dominant influence of another undertaking.

(7) The contracting authority operating in the sectors related to water within the meaning
of subsection 85 (1) is not required to apply the procedure provided for in this chapter to
contracts for the purchase of water.

(8) The contracting authority operating in the sector of gas or thermal energy within the
meaning of subsection 83 (1), electricity within the meaning of section 84 or exploration
for, or ext raction of, oil, gas, coal or other solid fuels section 88 is not required to apply
the procedure provided for in this chapter to contracts for the purchase of energy or fuel
necessary for the production of energy.

§ 91. Procedure for establishing whethe r a given activity is directly open to
competition
(1) The contracting authority shall not be bound by the procedure provided for in this
chapter if the activity in the sectors referred to in sections 83 to 89 performed in the place
of the procurement is directly exposed to competition on markets to which access is not
restricted and the European Commission has adopted a relevant decision.

(2) Whether a given activity is directly exposed to competition shall be established by the
procedure provided for in Article 30 of Directive 2004/18/EC of the European Parliament
and Council and in Decision 2005/15/EC (OJ L 7, 11 January, pgs 7-17) of the
Commission adopted on the basis of the Directive.

§ 92. Assessment of the procedure for implementation of utilitie s
procurement procedures
(1) The contracting authorities referred to in subsection 10 (3) of this act may, at their
own expense, apply an independent evaluation authority for the assessment of the
compliance of the procurement procedures implemented wit h the provisions of this
act and the European Union directives on public procurements.
(2)
The procedure for performing such assessments and the requirements for independent
evaluation authorities mentioned in subsection 1 of this section shall be established by
the Government of the Republic.

Title 2
Specifications concerning procurement procedure in awarding the public contracts

§ 93. Procurement procedure with prior publication of the contract notice
In awarding a public contract the contracting authority may, at its own discretion, apply
an open procedure, a restricted procedure or a negotiated procedure with prior publication
of the contract notice (hereinafter jointly referred to as the procurement procedure with
prior publication of the contract notice) pursuant to the procedure stipulated in this
chapter.

§ 94. Procurement procedure without publication of the contract notice
(1) The contracting authority may apply a procurement procedure without publication of
the contract notice in the following cases:
1)
when no tenders or requests to participate in the procurement procedure were submitted in a procedure with prior publication of the contract notice or if all the
tenders submitted were by nature different from the technical description of the
object of the public contract stipulated in the contract documents and the initial
public procurement conditions have not been substantially altered;
2)
where a public contract is awarded purely f or the purpose of research, experiments,
study or development, and not for the purpose of receiving profit nor of covering
research and development costs, so that it would not restrict the award of the
future contracts for the mentioned purposes pursuant t o the procurement
procedure with prior publication of the contract notice;

3) when for technical or artistic reasons, or for the reasons connected with the protection of exclusive rights, the public contract may be awarded with only one
tenderer;
4)
when, for reasons of extreme urgency brought about by events unforeseeable by the
contracting authority, the time limits laid down in sections 35 or 96 may not be
adhered to;
5)
the public contract will be awarded on the basis of a framework agree ment, provided
that the framework agreement is entered into pursuant to the procedure provided
for in this act;
6)
when the public contract is awarded with the winner or one of the winners of a
design contest and the condition is laid down in the design contest notice whereas
if the contract is awarded to one of the winners of the design contest, all the
winners shall be i nvited to participate in the negotiations.

(2) In addition to the cases specified in subsection 1 of this section the contracting
authority may apply a procurement procedure without publication of the contract notice
in the following cases:
1)
when the products are purchased from the same tenderer which are intended either to partially replace or supplement the products purchased previously and if a change
of tenderer would entail the purchasing of products which are technically
incompatible with the products currently in use or the use of which would cause
disproportionate technical difficulties in operation and maintenance;
2)
the products are purchased on a commodity market;
3)
the products are purchased for a price which is considerably lower than the normal market price by taking advantage of especially favourable conditions which are
available only for a very limited period of time;

4) the products are purchased under particularly advantageous terms, from a person with regard to whom liquidation proceedings have been initiated or from a trustee
in bankruptcy on the basis of an agreement entered into with the obliges.

(3) In addition to the cases specified in subsection 1 of this section the contracting
authority may apply a procur ement procedure without publication of the contract notice
to public works or public service contracts in the following cases:
1)
the public works or services to be additionally contracted for were not included in the initial public procurement but ha ve, due to unforeseen circumstances, become
necessary, on the condition that the additional public contract is entered into with
the same tenderer and due to technical or financial reasons such additional public
works or services may not be separated from the initial procurement without
causing disproportionate costs to the contracting authority and the additional
public works or services are directly necessary for performing the public contract;
2)
new public works or services are contracted for which repeat the public works or services contracted for on the basis of a public contract previously entered into by
the same contracting parties as a result of a procedure with publication of the
contract notice conducted up to three years earlier and which c omply with the
initial building design documentation, provided that the contract notice in the
procurement procedure used to enter into the public contract previously contained
notification of the possibility to enter into such public contract.

§ 95. Differences of starting the procurement procedure and submission of
public procurement report in the utilities sectors
(1) To commence a procedure with prior publication of the contract notice, the
contracting authority shall submit one of the following notices to the register:
1)
a periodic indicative notice;

2) establishing of qualification system notice
3)
a contract notice.

(2) The contracting authority may commence a procedure in the manner specified in
clauses 1 and 2 of subs ection 1 of this section, if the procurement procedure is organized
as a restricted procedure or a negotiated procedure with prior publication of the contract
notice.

(3)
The contracting authority specified in subsection 3 of section 10 submits the public
procurement report to the register only pursuant to the award of the public contract,
including the public contract awarded on the basis of the framework agreement, the
cost of which is equal to the international threshold or exceeds it.

§ 96. Time l imits of submission of tenders and requests to participate in the
procurement procedure
(1) The time limit specified in subsection 35 (2) of this section for an open procedure
may be reduced to 22 days from the date on which the contract notice is sent provided
that the contracting authority has submitted to the register a periodic indicative notice
which was published in the register not less than 52 days and not more than one year
before the date on which the contract notice was submitted to the registe r and which
included additional information according to subsection 97 (5) of which the contracting
authority was aware of at the time of submitting the periodic indicative notice to the
register.

(2) In restricted procedures and in negotiated procedures with prior publication of the
contract notice the time limit for the receipt of requests to participate shall be no less than
37 days from the date on which the contract notice was published or if the tender
procedure was communicated by a periodic indica tive notice pursuant to the procedure
provided for in subsection 97 (3) no less than 37 days from the date the proposal referred
to in subsection 97 (4) was sent to candidates. In exceptional cases the time limit may be
reduced to 22 days, if the applicati on of the shorter time limit is needed due to the
unforeseeable events.

(3) In restricted procedures and in negotiated procedures with prior publication of the
contract notice the time limit for the receipt of tenders may be set by mutual agreement
between the contracting authority and the selected candidates, provided that all
candidates selected have the same time to submit their tenders. When the agreement is
not found, the contracting authority shall fix a time limit for the submission of tenders
whic h shall not be less than 24 days from the date of the invitation to tender.

(4) In case the contracting authority provides unlimited and full electronic access to
contract documents starting from the publication of the contract notice or in case the
proc urement procedure was notified of by a periodic indicative notice or a qualification
system notice by publishing a relevant document in the register and the document refers
to a relevant website, the time limits for the submission of tenders may be reduced by up
to 5 days provided that the time limit for the submission of tenders was not set by mutual
agreement between the contracting authority and the candidates according to subsection 3
of this section.

§ 97. Periodic indicative notice

(1) The contracting authority shall submit to the register a periodic indicative notice if it
requires to apply the reduced time limits for the submission of tenders provided for in
subsections 96 (1) and (2) or if it requires to initiate a procurement procedure by
publishing a periodic indicative notice. Only restricted procedures and in negotiated
procedures with prior publication of the contract notice may be initiated by a periodic
indicative notice.

(2) The contracting authority may submit to the register ad ditional indicative notices of
public contracts without adding the information included in previously published periodic
indicative notices to them.

(3) If the contracting authority wishes to initiate by publishing a periodic indicative
notice a procurem ent procedure, the periodic indicative notice should:
1)
include a description of , services or public works that are the objects of the public contract to be awarded;
2)
include the notice that the public contract will be awarded by a restricted procedure
or a negotiated procedure with prior publication of the contract notice without
the publication of a notice and invite the interested parties to submit a request
to participate in the procurement procedure in the written form;
3)
be published in the register not later than 12 months before the submission of the invitation referred to in subsection 4 of this section.

(4) When the starting of the procurement procedure has been notified of with a periodic
indicative notice, the contracting au thority shall send additionally the invitation to submit
the request to participate in the procurement procedure to all persons having taken
interest, prior to selecting these candidates, to which it submits the tender invitation.

(5) This invitation referred to in subsection 4 of this section shall include at least the
following information:
1)
nature and quantity of the object of public contract, including the possibilities concerning the award of complementary public contracts; the estimated time
available for exercising these options for renewable contracts, the nature and
quantity of the products to be purchased or the services or public works to be
contracted for presumable in the future and, if possible, the publication dates
of these contract no tices;
2)
whether it is a restricted procedure or a negotiated procedure with prior publication of the contract notice;
3)
where appropriate, the date on which the delivery of products to be purchased or the execution of public works or services to be contracted for is to commence or
terminate;
4)
the address and closing date for the submission of requests for receipt of contract documents and the language or languages in which they should be drawn up;
5)
the address of the contracting authority and the information necessary for obtaining the contract documents and other documents;
6)
economic and technical requirements set for the tenderer, financial guarantees and other information;
7)
the amount payable for the contract documents and payment procedure;
8)
the type of public contract to be awarded;
9)
the tender evaluation criteria and their relative share, if this information is not given in the periodic indicative notice, contra ct documents or in the invitation to
tender.

(6) The request to participate in the procurement procedure is submitted with the
documents certifying the qualification of the candidate according to the requirement in
the proposal mentioned in subsection 4 of this section.

(7) The regulation of indicative notice provided for in chapter 2 of this act shall not apply
to the public contracts awarded in utilities sectors.

§ 98. Submission of technical specification in case of regular public
contracts
(1) The contracting authority shall submit on request to interested persons the technical
specification regularly referred to in their public contracts or the technical
specifications which they intend to apply to contracts covered by periodic indicative
notic es within the meaning of section 97. Where the technical specifications are based
on publicly available documents, the inclusion of a reference to those documents shall
be sufficient.
(2)
The contracting authority may require the fee for the issue of tec hnical specification
on paper, the amount of which should not exceed the expenses of copying and
delivery of the documents.

§ 99. Qualification of tenderers and candidates
(1) The contracting authority establishes the criteria for the qualification of te nderers or
candidates which should be objective and the content of which should be accessible to all
interested persons.

(2) The contracting authority should apply bases of exclusion of the tenderers and
candidates from the procurement procedure stipulated in subsection 1 of § 38 of this act
as to the tenderers and candidates .
(3) Upon qualification of tenderers or candidates or in the case of restricted procedures
and in negotiated procedures with publication of the contract notice the contracting
authority should not:
1)
impose additional administrative, technical or financial conditions on certain tenderers or candidates which would not be imposed on others;
2)
require tests or evidence which would duplicate objective evidence already availab le.

§ 100. Qualification system notice
(1) If the contracting authority requires to establish a system of qualification provided for
in § 101 of this act, it shall submit the qualification system notice to the register
including, inter alia, the purpose of creating the system of qualification and the conditions
for joining the qualification system or references to relevant documents.

(2) If the system of qualification is valid for more than three years the contracting
authority shall submit the qualification system notice to the register each year.

§ 101. Qualification system
(1) The contracting authority may establish a system of qualification for qualifying the
candidates pursuant to the procedure stipulated in this title.

(2) The interested person may at all times apply for its qualification and joining the
qualification system.

(3) The qualification on the basis of the qualification system may involve different stages.

(4) The qualification system shall be operated on the basis of objective qualification
criteria based on the provisions of § 99 of this act.

(5) Where the qualification criteria referred to in subsection 4 of this section include the
requirements relating to the economic and financial standing of the candidate, the latter
may where necessary rely on the relevant indicators of other entity provided that the
candidate is able to prove to the contracting authority in a manner acceptable to the
contracting authority that this entity has necessary resources to perform public contra cts
and complying with the object of the contract and that these resources will be available to
it throughout the period of the validity of the qualification system.

(6) Where the qualification criteria referred to in subsection 4 of this section include
requirements relating to the technical and professional ability of the candidate, the latter
may in providing evidence with regard to the compliance of his technical and
professional abilities with the qualification criteria where necessary rely on the re levant
indicators of other entity, whatever the legal nature of the link between itself and this
entity. In this case the candidate must prove to the contracting authority in a manner
acceptable to the contracting authority that this entity has necessary m eans and measures
or specialists and that these resources will be available to the candidate throughout the
period of the validity of the qualification system, if needed.

(7) The contracting authority shall keep a written record of the candidates having joined
the qualification system which may be divided into categories according to the type of
public contract, in case of which the qualification is carried out on the basis of the
established qualification system.

(8) At the request of the interested pe rson, the contracting authority shall inform it about
the qualification criteria referred to in subsection 4 of this section.

(9) Where a contracting authority considers that the qualification system of certain other
contracting authority meets its requirements resulting from the criteria being its basis, it
shall communicate to the interested persons having applied for the joining of the
qualification system the name of such contracting authority and data on the relevant
qualification system.

(10) If the contracting authority notifies of the initiation of a procurement procedure by a
qualification system notice, the contracting authority shall select candidates to whom an
invitation to tender will be sent from amongst the candidates joined with it and qualified
according to the rules for qualification system.

(11) If the contracting authority uses the qualification system, it submits the public
procurement report on each public contract awarded on the basis of the qualification
system to the regis ter according to the requirements stipulated in this act. The
procurement procedure terminates on expiry of the term of qualification system.

§ 102. Notification of the candidates
(1) The contracting authority shall notify all candidates having joined t he qualification
system and any interested persons who have applied for joining the system of the
updating of the qualification criteria.
(2) The contracting authority which has established a qualification system shall notify
candidates of the decision co ncerning their qualification and adding with the qualification
system or non- qualification within two months from the submission of the application. If
the decision takes more than two months, the contracting authority shall notify the
candidates of the re asons of the longer period for deciding within two months from the
submission of the application and the date when their application will be accepted or
refused, which may not be more than four months from the date of submission of the
application.

(3) T he contracting authority shall notify the candidate who has submitted the request to
join the qualification system of its qualifying and joining the qualification system or the
decision on non- qualification within 15 days from making the decision.

(4) T he contracting authority shall notify the candidate added to the qualification system
of the decision to consider its qualification ended at least 15 days ahead with the reason
of termination, except in case, provided the reason of termination of qualifica tion is the
termination of the validity date of qualification system.

§ 103. Specifications concerning framework agreements in utilities sectors

(1) When a framework agreement is entered into in utilities sectors the contracting
authority is not required to follow the terms provided in the subsections 1,3 and 4 of § 70
of this act. In awarding the public contracts on the basis of the framework agreement the
contracting authority is not obliged to follow the stipulations in subsections 2-4 of § 71.

(2) When a contracting authority enters into a framework agreement in other way than by
a procurement procedure organised pursuant to the procedure provided for in this chapter,
it should award the public contracts related to its activities in the sectors men tioned in §
83- 89 of this act, by procurement procedure organised pursuant to the procedure
stipulated in this chapter on the basis of this framework agreement.

Chapter 6

PUBLIC PROCUREMENT OFFICE AND STATE PUBLIC PROCUREMENT REGISTER

Title 1

Tasks, rights and obligations of Public Procurement Office

§104. Public Procurement Office

(1) The Office is a governmental authority in the area of government of the Ministry of
Finance that:
1) advises the contracting authorities regarding the applic ation of the Public Procurement
Act;
2) exercises state supervision over carrying out public procurements and extrajudicial
proceedings of misdemeanours in the extent and according to the procedure stipulated by
law;
3) carries out international communication within its competence in the questions of
public procurements;

4) fulfils other tasks imposed on it with this act and with the legal acts established on the
basis of it.
(2) The Office evaluates the performance of the system of public procurements in t he
course of performing its tasks and may submit proposals for its improvement.

(3) The Office shall publish on its website up- to-date information necessary for carrying
out public procurements, including the international thresholds mentioned in §15 (2) of
this act within three working days from their actual publication by the European
Commission.

Title 2

State Public Procurement Register

§105. State Public Procurement Register and information entered thereto

(1) The Register is a state database of public procurements, the responsible and
authorized processor of which is the Ministry of Finance.

(2) The information included in prior information notices, periodic indicative notices,
contract notices, simplified contract notices on a dynamic purchasing system, public
procurement reports, qualification system notices, notices of public works concession,
design contest notices and results of the design contest submitted to the register by the
contracting authority and the results of the appe al procedure by the appeal committee and
the mentioned documents will be published. The contracting authority shall be
responsible for accuracy of information submitted to the register by it.

(3) The contracting authority may apply for the non- disclosure of such information
contained in the public procurement report or results of design contest in the register, the
disclosure of which will hinder the work of law enforcement authorities, is contrary to
public interest or violates the business secret of un dertakings or jeopardises competition
between them.

(4) The information specified in subsection 2 of this section, except for the information
the publishing of which would hinder the work of law enforcement authorities, is
contrary to the public interest or violates the business secret of undertakings or
jeopardises the competition between them.

(5) The register is established, the statutes of the register is approved, the list of
information contained in the prior information notice, periodic indicative notice, contract
notice, simplified contract notice of dynamic purchasing system, public procurement
report, qualification system notice, public works concession notice, invitation to design
contest and results of the design contest and the procedure of publishing and submitting
them to the register is established by the Government of the Republic.

§106. Communicating the information to the Office for Official Publications of the
European Communities

(1) The register shall forward the prior informatio n notices, periodic indicative notices,
contract notices, simplified contract notices on a dynamic purchasing system,
qualification system notices, public works concession notices and design contest notices
for publication to the Office for Official Public ations of the European Communities in the
standard forms established with the regulation of the Commission (EC) no. 1564/2005 by
the European Commission which establishes the standard forms of publication of notices
related to the public procurement procedure according to the directives of the European
Parliament and Council (EC) 17/2004 and (EC) 18/2004 (OJ L 257, 1 October 2005, pgs
1- 126), in case the estimated value of the public procurement is equal to the international
threshold or exceeds it, or in other cases if the contracting authority so requests.

(2) If the basis for submitting the report to the register by the contracting authority is the
awarding of the public contract or framework agreement, the register shall draw up the
public procurement report submitted to the register by the contracting authority on the
basis of information, except for the public procurement report submitted on the basis of
§73 (4) or §78 (4), a notice of the public contract award and shall communicate it to the
Office for Official Publications of the European Communities for publication, however,
in case the contract notice or prior information notice has been earlier communicated to
the Office for Official Publications of the European Communities for publication in the
same procurement procedure, with which the starting of procurement procedure was
notified of in case the value of the awarded public contract is equal to the international
threshold or exceeds it or when the contracting authority requires the forwarding of the
notice of the public contract award.

(3) The register shall forward the results of the design contest submitted to the register by
the contracting authority for publishing to the Office for Official Publications of the
European Communities in case a notice of design contest has been earlier communicated
to the Office for Official Publications of the European Communities before or in case the
contracting authority requires to communicate the results of the design contest.
Title 3

State supervision

§107. Jurisdiction of Public Procurement Office upon performing supervision

(1) Upon performing state supervision the Office has the right to:
1) control the fulfilment of the present act in an unhindered manner and without prior
notification at the contracting authority. If the Office has a suspicion of a possible
violation of the present act in the course of the procurement procedure in process, the
Office may be present at the opening of tenders or at other proceedings of procurement
proc edure carried out based on the present act, also to control the proceedings and
decisions already carried out by the contracting authority;
2) obtain information on the public procurements necessary for carrying out state
supervision from the contracting a uthorities, also the originals or transcripts of documents
concerning the public procurement;

3) make a decision or a precept according to the provisions of § 108 of this act, in case
the contracting authority has violated the terms of the present act in the course of public
procurement.

§108. Decision or precept of the Public Procurement Office

(1) The Office declares the procurement procedure of the contracting authority specified
in §10 (1) 1) of this act before the public contract award invalid with its decision or
makes a precept to the contracting authority specified in §10 (1) 2)-6) or (3) to declare the
procurement procedure invalid, in case the contracting authority:
1) has not presented the evaluation criteria used in deciding on the success of the tender
or their relative weight or order of importance in the contract documents and the
contracting authority has opened the tenders;
2) has not notified of the modification of contract documents to all interested persons,
tenderers or candidates, who have received the contract documents from the contracting
authority;
3) has substantially violated the procedure of providing explanations established in § 56
of this act;
4) has not checked upon opening of the tenders the compliance of the submitted
doc uments with the list required in the contract documents;
5) has not sent the copy of the minutes of opening the tenders to all tenderers according
to provisions of subsection 3 of § 46;

6) has used upon the control of the compliance of tenders or evaluation of tenders as its
representative or expert a person, whose relations with the tenderer may cause justified
doubt regarding its objectivity;
7) has held negotiations in the course of open or restricted procedure.

(2) The Office has the right to make the decision or the precept specified in (1) of the
present section in addition to the grounds established in (1), in case in the course of the
procurement procedure a violation of the present act or other circumstances occur by the
contracting authority that do not enable to proceed with the procurement procedure by
considering all circumstances.

(3) If the contracting authority has divided the public procurement into lots within the
same procurement procedure and the violation of this act by the contracting authority
resulting in making the decision or precept mentioned in subsections 1 or 2 of this section
by the Office, occurs as to one or some lot, the Office makes the decision or precept as to
these lots as to which the violation occurs.

(4) Prior to making the decision or the precept of declaring the procurement procedure
invalid, the Office shall give the contracting authority a possibility to present his
objections during the term established by the Office, which may not be longer than thr ee
working days.

(5) The official of the Office with the competence of performing the state supervision
may be present by the proceedings or decisions made by the contracting authority based
on this act and in case the contracting authority violates the present act in carrying out the

procedure or making the decision, require the correction of error or termination of the
violation of law from the contracting authority on the spot.

(6) In case the procurement procedure is declared invalid or in case of making a precept
all decisions and acts carried out in connection with the procurement procedure are void,
notwithstanding the fact whether they were made before or after the decision on declaring
the invalidity. Also, the public contract is void, which is awarded after making the
decision of declaring the procurement procedure invalid or making the precept.

§109. Activities of Public Procurement Office in case of violation of law

(1) If the Office receives information about the violation of law connecte d with carrying
out public procurements or the Office discovers a violation of law in the course of
inspection of carrying out public procurements and the collection of circumstances that
became known provides grounds for a suspicion of offence and that vi olation of law
cannot be viewed as the misdemeanour established in §111- 113 of this act, the Office
must notify the police authority or the prosecutor of the circumstances it is aware of.

(2) The Office has the right to make proposals to bring disciplina ry action against person
or persons who have violated the present act or legal acts established on the grounds of
the present act.

§110. Co- operation with the European Commission

(1) If the Commission notifies the contracting authority in a written form of the obvious
violation of stipulations of legal acts of the European Union regarding public
procurements or the national acts applying those acts in the course of carrying out the
procurement procedure, the contracting authority is obliged to forward t he entire relevant
information regarding the respective procurement procedure to the Office within three
working days from the day of receiving the notification.
(2) The procedure of processing the information specified in subsection 1 of this section
and communicating it to the European Commission shall be established by the
Government of the Republic.

Title 4

Liability

§111. Violation of requirements of carrying out public procurement

(1) The violation of requirements of organising public procurement which has not been
mentioned in subsection 3 of this section
– shall be punished with a fine of up to 100 fine units.

(2)The violation mentioned in subsection 1 of this section, if performed by a legal person
–
shall be punished with a fine of 10,000 up to 20,000 kroons.

(3)
The following violations of the requirements for organising the public procurement:

1)
violations which involve the declaring of the procurement procedure invalid by the
Office or by the contracting authority itself on the basis of the precept of the
Office;
2)
violation of the confidentiality requirements by the contracting authority;
3)
violation of the requirements stipulated in this act regard ing the submission of the
technical specification in the contract notice, contract documents or tender
invitation, qualification criteria of the tenderers or candidates or tender
evaluation criteria, if the referred violation does not enable to complete the
procurement procedure and award the public contract;
4)
leaving the candidate or tenderer non- excluded from the procurement procedure, if
the relevant obligation has been stipulated in this act and the contracting
authority is aware of the occurrenc e of the basis for obligatory exclusion
regarding the candidate or tenderer;
5)
public contract award or amendment of already awarded public contract by violating the requirements stipulated in this act;
6)
selection of the type of procurement pr ocedure by violating the requirements
stipulated in this act;

7) organising the procurement procedure without certain intention to award the public contract –
shall be punished with a fine of 100 up to 300 fine units.
(4) The violation mentioned in subsection 3 of this section, if performed by a legal person
–
shall be punished with a fine of 20,000 up to 50,000 kroons.

§112. Submission of the tender without a firm intention of awarding the public
contract

(1) The submission of the tender without a firm intention of awarding the public contract
– shall be punished with a fine of up to 200 fine units.

(2) The same action, in case performed by a legal person – shall be punished with a fine
of up to 30,000 kroons.

§113. Submission of false information in the procurement procedure

(1) The submission of false information in the procurement procedure by the tenderer or
candidate – shall be punished with a fine of up to 200 fine units.

(2) The same action, if performed by a legal person – shall be punished with a fine of up
to 30,000 kroons.

§114. Procedure

(1) The stipulations of the Penal Code and the Code of Misdemeanour Procedure shall be
applied to misdemeanours specified in §111- 113 of this act.

(2) The extrajudicial body conduct ing proceedings of misdemeanours established in
§111- 113 of this act is the Office.

§115. Compensation of expenses to the tenderer

The tenderer has no right to require from the contracting authority the compensation of
the expenses related to the submi ssion of the tender, including the reasonable expenses
related to the preparation of the tender and the participation in the procurement
procedure, design contest or granting the public works concession, except in case the
tenderer proves that the contract ing authority violated the stipulations regulating the
carrying out of the public procurement, without which the awarding of public contract
with it would have been probable.

§116. Compensation for the loss by the tenderer

In case the tenderer has submitted knowingly false information or forged documents in
the course of the procurement procedure or in the course of settlement of the appeal, it
shall compensate the loss caused by submitting such information or documents to the
contracting authority or other persons.

Chapter 7

APPEALS

Title 1
General provisions

§117. Appeal of contracting authority’s activities

(1) The tenderer, the candidate or the person interested in participation in the
procurement procedure which has the possibility to participate in this procurement
procedure at the relevant moment (hereinafter the submitter of appeal), may appeal the
activity of the contracting authority, if it finds that the violation of this act by the
contracting authority violates its rights, by p resenting such appeal to the appeal
committee (hereinafter the appeal committee ) located by the Public Procurement Office.

(2) The appeal may be submitted on the following documents or decisions of the
contracting authority:
1) contract notice;
2) tender i nvitation;
3) concession notice;
4) periodic indicative notice which starts the procurement procedure;
5) qualification system notice which starts the procurement procedure;
6) invitation to design contest;
7) contract documents;
8) exclusion of the candidate or tenderer from the procurement procedure;
9) qualification and non- qualification of the candidate and tenderer;
10) declaring the tender suitable;
11) rejection of the tender or rejection of all tenders;
12) declaring the tender successful;
13) other decision of the contracting authority made in the course of the procurement
procedure on the basis of this act which could violate the rights of the appealer.

(3) After the award of the public contract the request to com pensate the loss may be
submitted to the appeal committee by the candidate or tenderer with which the public
contract remained unawarded due to the unlawful decision, act of the contracting

authority or the document mentioned in clauses 1-7 of subsection 2 of this section
(hereinafter the procurement source document ).

(2) The appeal committee is the extrajudicial appeal settlement body within the meaning
of clause 1, subsection 2 of § 15 of the State Liability Act.

§118. State fee

(1) The state fee is paid in case of submitting the appeal and loss compensation
application to the appeal committee pursuant to the procedure stipulated in the State Fees
Act.

§119. Appeal committee
(1)
The appeal procedure is carried out by the members of the appeal committee.
(2)
The member of the appeal committee is independent and proceeds only from law in
making its decisions and other legal acts and obligatory foreign contracts for Estonia.
(3)
The member of the appeal committee is appointed and released from office by the
Government of the Republic on the proposal of the Minister of Finance. The
chairman of appeal committee representing and managing the appeal committee is
appointed from among the members of the appeal committee by the Government of
the Republ ic on the proposal of the Minister of Finance.

(4) The member of the appeal committee is appointed for five years.
(5)
The provisions stipulated in § 47 of the Courts Act are applied to the requirements set
for the member of the appeal committee. The m ember of the appeal committee is
released from office before the prescribed time in case the fact stipulated in § 47 of
the Courts Act occurs which precludes the appointment of the person the member of
the appeal committee according to law.
(6)
The salar y of the member of the appeal committee is equal to the salary of the judges
of county and administrative court. The salary of the chairman of the appeal
committee is equal to the salary of the judge of circuit court.
(7)
No supervisory control is carried out over the member of appeal committee. The
member of the appeal committee subordinates to the chairman of appeal committee in
work arrangement and other general questions, the chairman of appeal committee
subordinates to the Minister of Finance i n work arrangement and other general
questions. The Minister of Finance has the right to impose disciplinary punishment.
In applying the provisions of the Employees Disciplinary Punishments Act the rights
of the employer belong to the Minister of Finance.
(8) § 14–22, 29–39
1, 41 and 42, 46–48, § 55 1, § 59 and 60, 62–64, § 71, § 73 and 74, 77–
83, clauses 3–5 of subsection 1 of § 85 and subsection 3, § 86, § 87 clause 4, § 90–
106, 113
1–113 3, clauses 1, 2 and 7 of subsection 1 of § 117 and subsections 2, 3 and
5, § 118 and 120 of the Public Service Act are not applied to the member of the
appeal committee.

(9) The member of the appeal committee may not work elsewhere in addition to the
service in the appeal committee than in studies or research.
(10) The working conditions of the appeal committee, including the working rooms and
the clerical support are guaranteed by the Office.

(11) The administrative expenses of the appeal committee and the expenses related to
the appeal procedure, including the salary of the members of the appeal committee are
covered by the means allocated for that to the Office from the state budget.
(12)
The statute of the appeal committee is confirmed by the Minister of Finance.

§120 Removal

(1)
The member of the appeal committee may not review the appeal and should remove itself from the review of the appeal in case of occurrence of the fact that gives
reason to doubt its impartiality.
(2)
The fact mentioned in subsection 1 of this section is presumed in case the member of the appeal committee reviewing the appeal is the party to the procedure or its
legal representative of:
1)
descendant or ascendant;
2)
sister, half -sister, brother, half -brother or the person who is or has been married to
the party of the appeal or the sister, half -sister, brother or half -brother of its
representative;
3)
step -parent or foster -parent, step -child or foster -child;
4)
adoptive parent or adopted child;
5)
spouse, co- habitee, also the sister of spouse or co-habitee, brother or direct blood
relative including after the marriage or termination of the permanent co –
habitation.

(3) In addition to the provisions stipulated in subsections 1 and 2 of this section the member of the appeal committee should remove itself from the review of the
appeal:
1)
in the case where it is itself the party to the procedure or the person towards which the claim may be filed resulting from the procedure;
2)
in the case it is or has been the representative of the party to the procedure or adviser or where it participated or had the right to participate as the legal representative
of the party to the procedure;
3)
in the case where it has given an opinion as an expert.
(4)
The party to the proceeding may re quire the removal of the member of the appeal
committee reviewing the appeal in case stipulated in subsection 1 of this section.
(5)
The application for removal is reviewed by the member of the appeal committee reviewing the appeal or the panel of the appeal committee and makes the relevant
decision.
(6)
Provided the application for removal is satisfied, the chairman appoints the new member of the appeal committee reviewing the appeal or the panel of the appeal
committee.
(7)
Provided the replaceme nt of the member of the panel of the appeal committee or the
appointment of the new member of the appeal committee reviewing the appeal at
the session is not possible, the session is postponed and the new time and place
for the session is set.

Title 2

Procedure of appeal

§121. Submission of appeal and application for compensation of loss

(1) The appeal shall be submitted to the appeal committee in the course of seven working
days from the day when the submitter of the appeal became aware of or should have
become aware of the violation of its rights or damaging of its interests, but not after the
award of the public contract. The appeal regarding the procurement source document
should be received three working days at the latest before the date of submission of the
request to participate in the procurement procedure, tenders, designs or concession
applications.

(2) The appeal must be submitted to the appeal committee in a written form and it must
contain:

1) the name, address and other contact information of the submitter of the appeal;
2) the name, address and other contact information of the contracting authority;
3) the object of the appeal, its contradiction with the terms of this act and the reasons why
the submitter of the appeal considers it to be in violation of its rights or harmful to its
interests;
4) a clearly expressed request of the submitter of the appeal;

5) the list of documents annexed to the appeal.

(3)The submitter of the appeal shall add to the appeal the information at its disposal
regarding the procurement procedure, in connection with which the appeal is submitted.
(4) The appeal and the documents attached to it are presented in Estonian.
(5) The application for compensation of loss may be presented to the appeal committe e
within one year from the award of the public contract. The application of loss
compensation is reviewed by the appeal committee within reasonable time period, as to
the rest the stipulations on the review of the appeal for the review of the loss
compensa tion application are applied.
(6) The appeal committee evaluates the legality of the decision, act of the contracting
authority of the procurement source document only in the course of the review of the
appeal or loss compensation application.

§122. Starting the appeal procedure

(1) The appeal committee shall evaluate the compliance of the appeal with the
requirements stipulated in this chapter from its receipt within one working day.
(2) If the appeal committee finds that the appeal has weakness es to be eliminated, it gives
the term of two working days to the submitter of appeal for the elimination of
weaknesses.

(3 The appeal committee shall not review the appeal and returns it to the submitter of the
appeal with its decision, if:

1) the appeal is not submitted in a due course;
2) the submitter of appeal has not eliminated the weaknesses present in the appeal within
the specified time period;
3) a decision has already been made in the same case in the appeal committee or the
court;
4) the decision or precept mentioned in subsection 1 or 2 of § 108 of this act has been
made on the appealed procurement procedure or decision;
5) the contracting authority has declared the appealed procurement procedure or decision
invalid or the violation of l aw has been eliminated.
(4) If the appeal submitted to the appeal committee or the documents attached to the
appeal are not in Estonian, the appeal committee can consider this weakness mentioned in
subsection 2 of this section and require the translation of the appeal or the documents
attached to the appeal. Provided the translation of the documents attached to the appeal is
not submitted by the due date, the appeal committee can disregard the documents
attached to the appeal.
(5) The appeal committee invol ves each person participating in the procurement
procedure or interested in participation in the review of the appeal, over which rights may
be decided in the course of the review of the appeal (hereinafter the third person). The
third person should not be involved, if the appeal is submitted on the procurement source
document and the appeal is not specifying the interests of which third person may be
regarded.

§123. Suspension of procurement procedure

(1)
In receipt of the appeal which has no bases for not reviewing stipulated in § 122 (2)
of this act, the appeal committee immediately notifies the contracting authority and
the third person of the submission of the appeal and forwards them the copy of
appeal.
(2) Provided the appeal committee specifi es the term to the submitter of appeal for
elimination of weaknesses provided in the appeal, it notifies the contracting authority of
the submission of appeal and forwards it the copy of appeal submitted to the appeal
committee after the elimination of wea knesses. Provided the appeal committee will not
review the on the basis of clause 2, subsection 3 of § 122 of this act, the appeal
committee immediately notify the contracting authority of it.
(3) The appeal committee may make a decision on the suspension of the procurement
procedure, design contest or granting the public works concession in each stage of appeal
procedure on the basis of the grounded application, taking the potential consequences
resulting from the suspension for all interests into account which could be damaged. The
application of suspension of the procurement procedure, design contest or granting the
public works concession is reviewed by the appeal committee within one working day
from its receipt. No complaint may be filed to the court on the decision of the appeal
committee in settling the application of suspension of the procurement procedure, design
contest or granting public works concession.
.
(4)
The public contract awarded pursuant to the receipt of the notice mentioned in
subse ction 1 or 2 of this section, but prior to the arrival of the condition mentioned in
§ 128 of this act is void.

§124. Organization of hearing of the appeal

(1)
The contracting authority shall submit a written answer to the appeal within two
working days from the receipt of the copy of appeal from the appeal committee, adding to
it all documents necessary for solving the appeal required by the appeal committee. In the
written response the contracting authority may make a proposal for solving t he appeal. If
the third person has been involved in the review of appeal on the basis of subsection 5 of
§ 122 of this act, the third person also submits the written response to the appeal within
two working days from the receipt of the copy of appeal from the appeal committee, by
adding all documents needed for the solving of the appeal to it.
(2)
The appeal committee forwards the copy of the written answer mentioned in
subsection 1 of this section within one working day to other parties of the procedure.
(3)
The appeal committee may require the written explanation on the content of the
appealed procurement source document or decision prior to the review of appeal from the
submitter of appeal, contracting authority and the third person. T he submitter of appeal,
contracting authority and the third person are obliged to submit the written explanation to
the appeal committee within two working days from the receipt of such request from the
appeal committee.

§125. Hearing of appeals
(1)
Th e appeal will be solely reviewed by the member of the appeal committee or at least
the three- member panel, if the settlement of appeal collegially is important in the
opinion of the chairman from the viewpoint of uniform application of law.

(2) The appeal committee shall review the appeal whether on the basis of documents
submitted in a written procedure or shall organise the review of the appeal at a public
session with the participation of the submitter of the appeal, the contracting authority
and third person within seven working days from the receipt of the appeal without
weaknesses to the appeal committee. The appeal committee shall organize the review
of the appeal at the public session in case at least one of the parties to the appeal
procedure requires it or if the appeal committee considers this necessary for the
settlement of appeal.

(3)
The appeal committee shall notify the contracting authority, submitter of appeal and
the third person of the time and place of the session at least three working days prior to
the time of session.

(4)
If the contracting authority or the third person is not appearing to the session, the
appeal committee reviews the appeal at the session without the participation of the
contracting authority or third person. In case of non-appearance of the submitter of appeal
to the session the appeal committee will not review the appeal, returns it with its decision
to the submitter of appeal and immediately notifies the contracting authority of it.

(5)
The appeal commit tee may organize the additional session, if needed, of which the
contracting authority, submitter of appeal and third person are notified either at the
previous session or according to the procedure stipulated in subsection 3 of this section.

(6)
The m anagement in appeal procedure and review of appeal is carried out in Estonian.
The parties and the third person who do not understand Estonian, has the right to give
explanations and perform at the review of the appeal through the mediation of the

interpreter or the representative having the command of Estonian. The involvement of
interpreter and payment of fee of interpreter is the obligation of the person requiring the
interpreter.

(7)
In appearing of the submitter of appeal having no command of Estonian to the
session without interpreter or representative having the command of Estonian is
considered the non -appearance of the submitter of appeal to the session within the
meaning of subsection 4 of this section.

(8)
The appeal committee may involve experts to the review of the appeal. The expert
may submit its opinion in writing or at the oral session.

(9)
The basis for the fee of an expert is a triple rate of the hourly fee equal to the highest
level of salary rate of the wage scale of the civil servants.

(10)
In case of occurrence of the fact during the review of the appeal which could
involve the decision of declaring the procurement procedure invalid or making the
precept by the Office on the basis stipulated in subsections 1 or 2 of § 108, the appeal
committee immediately notifies the Office and suspends the review of appeal up to
the termination of performance of supervision by the Office.

§126. Termination of the appeal procedure

(1) The appeal procedure ends with:

1) the solving of the appeal upon an agreement;
2) waiving the appeal by its submitter;
3) acknowledging the appeal as justified by the contracting authority;
4) the decision of the appeal committee to leave the appeal or loss compensation
application unsatisfied;
5) the decision of the appeal committee to satisfy the appeal partially or fully, declaring
the decision that is in contradiction with this act connected w ith the procurement
procedure made by the contracting authority void or by obligating the contracting
authority to bring the procurement source document into compliance with the
requirements prescribed by the legal acts;
6) the decision of the appeal commi ttee to satisfy partially or fully submitter of appeal
application to award against the contracting authority damages caused by its unlawful
decision, act or the procurement source document;
7) to terminate the appeal procedure with the decision of the appeal committee pursuant
to making the decision or precept mentioned in subsection 1 or 2 of §108 of this act by
the Office.

(2) The termination of the procedure according to the stipulations of (1) 1), 2) or 3) of the
present section shall be formalised w ith the decision of the appeal committee or in case
the conclusion of agreement, waive of the appeal or declaring the appeal justified are
carried out at a session with a written minutes, which shall be signed by the submitter of
the appeal and the contrac ting authority besides the appeal committee. The appeal

committee is not terminating the appeal procedure on the basis of clause 1 or 3 of this
section, if the interests of the third person are damaged with it.

(3) If the submitter of appeal waives the appeal before its review at the public session or
making the decision in written procedure, the appeal committee terminates the procedure
with its decision and notifies at once the contracting authority of it.

(4)
The termination of the appeal procedure according to the stipulations of (1) 4), 5) or
6) of the present section shall be formalised with a motivated decision of the appeal
committee.
(5) In termination of the appeal procedure based on the (1) 1), 2), 3) or 7) of this section
the appeal commit tee does not evaluate legality of the procurement source document,
decision of the contracting authority or procedure.

(6) In termination of the appeal procedure in case of the full satisfaction of the appeal
specified in (1) 3), 5) or 7) of the present section or the full satisfaction of the loss
compensation application mentioned in clause 6 the appeal committee shall order with its
decision payment from the contracting authority for the benefit of the submitter of the
appeal the state fee paid by it in full in the appeal procedure and the expert’s fee paid or
subject to payment within the necessary and grounded scope. In case of partial
satisfaction of the loss compensation application or appeal, the appeal committee makes a
decision for payment of state fee and expert’s fee from the contracting authority
proportionally with the satisfaction of the appeal or loss compensation application. In
termination of the appeal procedure on the basis of clauses 2 or 4 of subsection 1 of this
section the appeal committee makes a decision on claiming the expert’s fee within

necessary and grounded scope paid or subject to payment from the submitter of appeal
for the benefit of the contracting authority or third person.

§127. Notification and effect of the decision

(1)
The decision of the appeal committee with which the appeal substantively is settled,
will be publicly disclosed in the office of the appeal committee within ten working
days from the termination of the review of appeal at the session. In termination of the
session the appeal committee notifies of the date of announcing its decision.
(2)
If the appeal committee r eviews the appeal in written procedure, the decision is made
with which the appeal is substantively settled, is publicly disclosed within ten
working days from the receipt of the appeal without weaknesses to the appeal
committee.
(3)
Provided the appeal committee has involved an expert in the review of appeal on the
basis of subsection 8 of § 125 of this section or turned to the European Court of
Justice for obtaining the preliminary conclusion in the case and thus the decision may
not be made within the term mentioned in subsections 1 and 2 of this section, the
decision of the appeal committee, with which the appeal is substantively settled, will
be disclosed within ten working days from the receipt of the expert opinion or
preliminary conclusion.
(4)
In the cases mentioned in subsections 2 and 3 of this section the appeal committee
notifies the time of disclosing the decision to the parties of the procedure at least
three working days before disclosing the decision.
(5)
In satisfying the appeal the decision of the appeal committee is obligatory for the
contacting authority to fulfil. The contracting authority is obliged to harmonise all
decisions made during its procurement procedure with the decision of the appeal

committee entered into force. The public contract awarded by the contracting
authority which contradicts the decision of the appeal committee is void.

§128. Continuing the procurement procedure

(1) The contracting authority may not continue the suspended procurement procedure or
give c onsent for the award of the public contract prior to the passing of 14 days from the
disclosure of the decision of the appeal committee mentioned in clauses 4 or 5 of
subsection 1 of §126 of this act.

(2) In termination of the appeal procedure on the bas is not mentioned in subsection 1 of
this section or in not reviewing the appeal and returning it on the basis of subsection 4 of
§125 or subsection 3 of §122 of this act the contracting authority may agree to award the
public contract pursuant to the discl osure of the decision of the termination of appeal
procedure or not reviewing returning of appeal.

§129. Specifications of administrative court procedure

(1) The complaint on the decision of appeal committee is filed to the circuit court of the
locati on of the contracting authority and the specifications stipulated in this chapter on
the appeal as provided in the code of administrative court procedure are applied to its
procedure. The administrative court is not competent in the first stage to review t he
complaints in the cases mentioned in subsections 2 and 3 of §117 of this act.

(2) The complaint may be filed on the decision of the appeal committee after the
termination of the appeal procedure by:

1) the submitter of appeal, if the appeal committee has made the decision mentioned in
clause 4 of subsection 1 of §126 or the decision on the partial satisfaction of the appeal
mentioned in clause 5, subsection 1 of §126 or on partial satisfaction of the applic ation
mentioned in clause 6 of subsection 1 of §126;
2) the third person, if the appeal committee has made the decision mentioned in clause 5
of subsection 1 of §126 of this act;
3) the contracting authority, if the appeal committee has made the decision m entioned in
clauses 5 and 6 of subsection 1 of§ 126 of this act;
(3) The date of filing of a complaint mentioned in subsection 2 of this section is 7 days
from the public disclosure of the decision of the appeal committee.
(4) If the contracting authority has awarded the valid public contract, the court is not
cancelling the decisions mentioned in subsection 2 of § 117 of this act. After the award of
the valid public contract the submitter of appeal may apply for the establishment of
unlawfulness of the appealed decision of the contracting authority in the same case, if it
has a grounded interest for that purpose.

Chapter 8
IMPLEMENTING PROVISIONS

§ 130. Specification of the contracting authorities
The persons established and operating by the moment of enforcement of this act and
complaint with the features stipulated in subsection 2 of § 10 of this act specify their
status as to the features stipulated in subsection 2 within one month from the enforcement
of this act and notify immediately the Office of it.

§ 131. Termination of the started tendering procedures, settlement of
submitted appeals and the validity of the legal acts established on the basis
of law

(1) The public procurement procedures started before the enforcement of this act are
completed proceeding from the requirements stipulated in the Public Procurement Act
(RT I 2000, 84, 534; 2005, 18, 105), except the obligation to submit the public
procurement declaration stipulated in § 20 of the Public Procurement Act. In termination
of the tendering procedure of the mentioned public procurement the contracting authority
has the obligation to submit the public procurement report to the register pursuant to the
procedure stipulated in § 37 of this act.

(2) The design contests started before the enforcement of this act are completed
proceeding from the requirements stipulated in the Public Procurement Act (RT I 2000,
84, 534; 2005, 18, 105), except the obligation to submit the design contest declaration
stipulated in § 20 of the Public Procur ement Act. In termination of the mentioned design
contest the contracting authority has the obligation to submit the results of the design
contest to the register pursuant to the procedure stipulated in subsection 7 of § 80 of this
act.

(3) The appeals are submitted in the public procurement procedures mentioned in
subsection 1 of this section and the appeal committee reviews these proceeding from the
requirements stipulated in the Public Procurement Act (RT I 2000, 84, 534; 2005, 18,
105).

(4) The legal act established on the basis of subsection 1 of § 36
1 of the Public
Procurement Act (RT I 2000, 84, 534; 2005, 18, 105) is valid up to the declaring it
invalid or up to the establishment of the legal act on the basis of subsection 5 of § 42 of
this a ct by the Government of the Republic.

§ 132. Specifications in case of public procurements carried out by Eesti
Pank
In case of public procurements carried out by Eesti Pank no provisions stipulated in
clause 3 of § 107, § 108 and § 117- 129 of this act are applied.

§ 133. Threshold of the public procurement

In comparing the estimated value of the public procurement with the threshold mentioned
in subsection 1 of § 5, subsections 6 and 7 of § 16 and subsection 2 of § 37 the official
exchange rate of Eesti Pank is taken into account.

§ 134. Amendment of the Databases Act

The clause 2 of subsection 1 of § 28 of the Databases Act (RT I 1997, 28, 423; 2004, 30,
204) is amended and worded as follows:

“2) the person having submitted the successful tender of public procurement organised by
open procedure.”

§ 135 Amendment of the Electronic Communications Act

The following changes will be made in the Electronic Communications Act (RT I 2004,
87, 593, 2005, 71, 545):

1)
the second sentence of s ubsection 1 of section 73 is amended and worded as follows:

“If the fee presumably paid for the provision of the universal service on the basis
of the contract for provision of universal service exceeds the rate mentioned in
subsection 1 of § 15 of the Public Procurement Act, the public procurement will
be organized pursuant to the procedure stipulated in the Public Procurement
Act.”;

2)
the words “in tender invitation documents” are replaced with the words “in contract documents” in the subsection 1 of section 74;

3) the words “in tender invitation documents” are replaced with the words “in contract documents” in the subsection 1 of section 76;

§ 136. Amendment of the Administrative Cooperation Act

The following changes will be made in the Administrative Cooperation Act (RT I 2003,
20, 117, 2005, 70, 540):

1)
the subsection 1 of section 13 is amended and worded as follows:

“ (1) In case of award of contract under public law for authorizing for the fulfilment of
the administrative task with the person, the procedure of the carrying out of the
procurement procedure and the terms for the award of the service contract is proceeded
from in the Public Procurement Act, by considering the specifications stipulated in this
section.”;

2)
the words “considering the subsection 3 of § 4 of the Public Procurement Act” are
deleted from clause 4 of subsection 1
1 of section 13”;

3)
the word “tendering procedure” is replaced with the word “procurement procedure” in subsections 2 and 3 of section 13;

4) the words “§ 61-71 1 and 73 1- 73 4” are replaced with the words “§ 107- 114 and 117-
129” in subsection 4 of section 13;

5)
section 13 is completed with the subsection 5 in the following wording:

“(5) In organizing the public procurement procedure on the basis of subsection 1 of this
section for the award of the contract under public law to be concluded no procedure of
submission of the contract notice, prior information notice and public procurement report
to the national publ ic procurement register of the Public Procurement Act is applied. The
contract notice for the award of the contract under public law and the relevant report and,
if needed, the appendix of the report will be published in the Ametlikud Teadaanded,
conside ring the terms stipulated in the Public Procurement Act.”;

6)
the second sentence of subsection 3 of section 14 is amended and worded as follows:

“In awarding the contract under public law the negotiated procedure without
publication of a contact notice stipulated in the Public Procurement Act is applied.”

§ 137. Amendment of the Administrative Procedure Act

The words “tendering procedure of the public procurements and the settlement of
appeals made in the course of it” are replaced with the wo rds “implementation of

public procurements and settlement of appeals for the purpose of the Public
Procurement Act”.

§ 138. Amendment of the Cultural Endowment Act

The publication citations are omitted from the subsection 1 of § 6 1 of the Cultural
Endowment Act (RT I 1994, 46, 772, 2003, 21, 123).

§ 139. Completion of the Punishment Register Act
The subsection 1 of § 17 of the Punishment Register Act (RT I 1998, 111, 1830, 2004,
18, 131) is completed with clause 15 in the following wording:

“15) for the control of the compliance of the tenderer, candidate or subcontractor
appointed by the tenderer with the requirements stipulated in law by the contracting
authority organizing the public pr ocurement.”

§ 140. Amendment of the Taxation Act
The publication citations are omitted from clause 10 of § 29 of the Taxation Act (RT I
2002, 26, 150; 2005, 68, 528).

§ 141. Declaring of the Public Procurement Act invalid

The Public Procurement Act (RT I 2000, 84, 534, 2005, 18, 105) is declared invalid.

§ 142. Amendment of the State Fees Act
The following changes are made in the State Fees Act (2006, 58, 439):

1)
the subsection 16 of section 56 is amended and worded as follows:

“(16) in filing the complaint on the decision of the appeal committee to the circuit court
the state fee is paid in the rate stipulated in § 222 of this act .”;

2)
the section 222 is amended and worded as follows:

§ 222. Review of appeals

(1) In filing the appeal of public procurement the state fee is paid as follows:

1)
10,000 kroons, if the estimated value of the public procurement is lower of the international threshold;

2) 20,000 kroons, if the estimated value of the public procurement is equal to the
international threshold or exceeds it.
(2)
The state fee is paid in the rate stipulated in subsection 11 of § 56 of this act in filing the loss compensation application.”

§ 143. Amendment of the Structural Aid Act
The publication citations of the Public Procurement Act are omitted from clause 9 of
subsection 3 of § 41 of the Structural Aid Act (RT I 2003, 82, 552; 2005, 37, 279;
39, 308) and the word “purchaser” is replaced with the word “contracting authority”.
§ 144. Amendment of the Guarantee Fund Act
The publication citations of the Public Procurement Act are deleted from the third
sentence of subsection 1 of § 82 of the Guarantee Fund Act (RT I 2002, 23, 131,
2005, 59, 464).

§ 145. Amendment of the Roads Act
The publication citations of the Public Procurement Act are deleted from the
subsection 1 of § 25 of the Roads Act (RT I 1999, 26, 377; 2005, 61, 479).

§ 146. Amendment of the Code of Enforcement Procedure
The subsection 1 of § 2 of the Code of Enforcement Procedure (RT I 2005, 27, 198;
2006, 7 42) is completed with clause 7
1 in the following wording:

“7 1) the decision on the financial claims of the appeal committee of the public
procurements entered into force.”

§ 147. Amendment of the Liquid Fuel Stocks Act
The subsection 1 of § 16 of the Liquid Fuel Stock Act (RT I 2005, 13, 66; 68,
531) is amended and worded as follows:
“(1) The procurements organized for the award of the contracts related to the
establishing and keeping of stocks are considered the public procurements
related to the protection of essential state interest for the purpose of clause 2 of
subsection 1 of § 14 of the Public Procurement Act.”

§ 148. Amendment of the Public Transport Act

The following changes are made in the Public Transport A ct (RT I 2000, 10, 58; 2003,
88, 589):

1)
the third sentence of subsection 1 of section 10 is amended and worded as follows:

“If the fee presumable paid to the carrier on the basis of the public service contract
exceeds the threshold mentioned in subsection 1 of § 15 of the Public Procurement
Act, the contractor for the transport organizes the public procurement pursuant to the
procedure stipulated in the Public Procurement Act.”;

2) the first and second sentence of subsection 2 1 of section 10 is amended and worded
as follows:

“(2
1) If the appeal is submitted to the appeal committee related to the organization of
public competition or public procurement or the complaint is filed to the administrative
court related to the imposing of the public service obligation on the carrier with the
special or sole right and if the public service contract terminates before the settlement of
appeal, the contractor of the transport has the right to award the new public service
contract with the former carrier having serviced the line up to the relevant decision of the
appeal committee or enforcement of the court judgment up to the end of the year or up to
the finding of the new carrier on the basis of the provisions stipulated in subsections 1
and 2 of this section, but not longer than for two years from the entry into force of the
relevant decision of the appeal committee or court judgment.”;

3)
the subsection 2 2 of section 10 is amended and worded as follows:

“(2
2) If the carrier terminates the fulfilment of the public service obligation before the
prescribed time, the contractor of the transport has the right to find a new carrier by
negotiated procedure without publication of a contract notice. In this case the contractor
of the transport has the obligation to award the contract with the new carrier pursuant to
the procedure stipulated in the Public Procurement Act within two years from the entry
into force of the public service contract awarded as a result of the negotiated procedure
without publication of a contract notice.”;

4)
The section 21 is amended and worded as follows:

Ҥ 21. Procurement procedure organized for the implementation of the public
transport project supported from the state investment

The procurement procedure is organized for the implementation of the public transport
project mentioned in §17 -19 of this act pursuant to the procedure stipulated in the Public
Procurement Act.”

§ 134. Entry into force of act
(1) This act enters into force on 1 May 2007.
(2) § 8, subsection 8 of § 31, § 51 and subsections 5 and 6 of § 55 enter into force on 1
January 2008.

Toomas Varek
President of the Riigikogu
Tallinn, 2006

1 The directive 2004/17/EC of the European Parliament and Council, 31 March 2004,
which coordinates the procurement procedures of contracting authorities operating in the
sectors of water, energy, transport and postal services (OJ L 134, 30 April 2004, pgs 1-
113), last changed with the regulation of the commission (EC) no. 2083/2005 (OJ L 333,
20 December 2005, pgs 28- 29);

The directive 2004/18/EC of the European Parliament and Council, 31 March 2004,
which coordinates the procedure for the award of public works contracts, public supply
contracts and public service contracts (OJ L 320, 30 April 2004, pgs 114- 240), last
changed with the regulation of the commission (EC) no. 2083/2005 (OJ L 333, 20
December 2005, pgs 28- 29);

The directive 89/665/EC of the E uropean Parliament and Council, 31 March 2004, which
coordinates the legal and administrative norms related to the application of the procedure
of review of award of state supply and works contracts (OJ L 395, 30 December 1989,
pgs 33- 35), last changed wit h the directive 92/50/EC (OJ L 209, 24 July 1992, pgs 1- 24);

The directive 92/13/EC of the European Parliament and Council, 31 March 2004, which
coordinates the legal and administrative norms related to the application of the
regulations of the community handling the procurement procedures of the units operating
in the water supply, energy, transport and telecommunication sectors (OJ L 76, 23 March
1992, pgs 14- 20);

The directive of the commission 2005/51/EC, with which the XX appendix of the
directive 2004/17/EC of the European Parliament and Council and the VIII appendix of
the directive 2004/18/EC on the public procurements (OJ L 257, 1 October 2005, pgs
127- 128).