How do I participate in a public procurement procedure in Bulgaria?

1. General provisions.

The Public Procurement Act is tasked with creating legal guarantees for the development of free and fair competition, i.e. to  provide an opportunity  for  all legal entities to participate in the procedures  and for the competition between them to take place on the basis of objective market criteria.

The contracting authority makes a decision to open a procedure for awarding a public order according to its needs, which this order should satisfy in compliance with the principles and conditions laid down in the PPA. For this purpose, the Law grants  the right to every business entity  as  an interested party  to participate  in procurement procedures, according to its financial, technical and resource capacity. This collaboration of available opportunities of business entities should be relevant to the requirements set by the contracting authority.

2. "Interested person" in the sense of the ZOP .

In §2, item 14 of the DR of the ZOP, a definition of the term "Interested person" is given: "any person who  has or had an interest in receiving a certain public contract and who  has been or may be harmed  by the alleged violation". The essence of this concept is especially important in cases of contesting the contracting party's act, in accordance with the provision of Article 198, item 1 of the Civil Code. In these cases, each "interested person" must state the circumstances in his complaint ,  on which he  bases his status as an  interested party, as well as applies to it evidence of the stated  circumstances   .  § 2, item 14  of the DR of  ZOP ,  do not have a legal interest  in appeal.

How to prepare a public order for the delivery of food in educational and social institutions?

The precise and comprehensive application of the legal doctrine in the sphere regulating healthy nutrition in children's institutions and schools should be a priority of every institution in the State. In continuation of what has been said, public contractors spending budgetary funds to provide food products in state and municipal establishments should be extremely precise when preparing a procedure for awarding public procurement in this area. We believe that the requirements for the participants, the criteria for their selection, the technical specifications, the draft contract, as a set of documents that the contracting authority prepares in accordance with the Public Procurement Act, should correspond to the maximum extent to the purpose for which they are held - providing quality healthy food in the facilities for social services.

 For this purpose, we will outline the main steps to be applied in a procedure for awarding a public contract under Article 18 of the Public Procurement Act, so that it is prepared, organized and conducted in accordance with the rules of the Public Procurement Law and the Regulations for its implementation and other relevant legal acts in force in the field of food and their quality characteristics.

How to prepare a public procurement in the healthcare sector?

In this presentation, we will outline the main steps that should be implemented in a procedure for awarding a public contract under Article 18 of the Public Procurement Act, so that it is prepared, organized and conducted in accordance with the rules of the Law on Public Procurement and its Regulations implementation and other relevant legal acts in force.

1. General conditions.

1.1. Legal term "Public contracting authority" of public procurement!

Public contracting authorities are defined in Art. 5, para. 2 of the ZOP. This also includes state and municipal medical institutions [1] , whose relevance and applicability to the concept of "public contracting authority" is complemented by the definition of "Public organization" given in §2, item 43 of the Transitional and Final Provisions of the Law on Public Procurement In continuation of what has been said, state and municipal medical institutions are public law organizations that acquire the status of "public contracting authority", as they are created with the specific purpose of satisfying needs of general interest; b) they do not have industrial or commercial in nature; c) are financed with more than 50 percent by state, territorial or local bodies or by other public law organizations; or have a management or supervisory body, the majority of the members to which they are appointed by a public contracting authority under Art. 5, para. 2, items 1-14.