Internal rules for organization and conduct of assignment public procurement procedures by RIA

INTERNAL RULES

FOR THE ORGANIZATION OF

PUBLIC PROCUREMENT PROCEDURES BY

THE ROAD INFRASTRUCTURE AGENCY

CHAPTER ONE. GENERAL

   Art. 1. The current rules settle

1. the order for planning the needs of supplies, services and construction and compilation of public procurement plan-schedule;
2. the preparation and organization of the public procurement procedures under the Public Procurement Act (PPA);
3. the preparation and organization of public procurement by public invitation, incl. the order of receipt, examination and evaluation of offers;
4. the obligations and responsibilities of the various units in the structure of the Road Infrastructure Agency (RIA) engaged in the procurement process and the coordination between them;
5. the procedure for compiling and storing public procurement files.

   Art. 2. In the case of public procurement, the contracting authority and all officials are required to comply with the provisions of the Public Procurement Act, the Rules for its implementation, as well as all acts of European and national legislation applicable to the award of public procurement.

CHAPTER TWO. PLANNING NEEDS

   Art. 3. (1) The Public Procurement and Legal Service Directorate (PPLS) plans public procurement and prepare a plan-schedule for their implementation during the relevant year on the basis of proposed by the Directorates in the Central Administration of RIA, public procurement plans related to the activities of the Directorates, including the plans of the Agency's specialized units, according to the field of competence of the Directorate for which there is an approval by the RIA Management Board (MB).

(2) The plans received are reviewed and summarized by the Planning, Analysis and Register of Public Procurement Department (PARPP) of the PPLS Directorate.

(3) On the basis of the summary under para. 2 development of a plan-schedule for public procurement for the respective year is prepared.

(4) In the draft plan-schedule for each public procurement, the following information shall be included separately:

1. description of the subject of the procurement, incl. of the detached positions, if any;
2. the determined by the rules of Art. 15 of the PPA and on the basis of the planned funds forecast value of the order (excl. VAT);
3. procedure for awarding the public procurement under the Public Procurement Act, in accordance with its estimated value (through a procedure under the Public Procurement Act under the general or simplified rules, through a public invitation under Chapter Eight “a” of the Public Procurement Act or by free choice of contractor);
4. indicative period or date of starting the award by issuing a decision to open a procedure under the Public Procurement Act or publishing a public invitation.

(5) In the draft plan-schedule, the directorate whose functional obligations the subject of the specific public procurement is related to is indicated as responsible for the preparation of the assignment / technical specifications and requirements for each public procurement. When the respective directorate does not have at least one employee with professional competence[1] in the subject of the public procurement, the plan-schedule indicates the need to attract an external expert.

   Art. 4. (1) In the period from October 1 to November 1 of the previous year, each directorate in the central administration and the specialized units of RIA and the Central Institute of Road Technology, National and European Norms and Standards (CIRTNENS) have the right to declare their needs for goods, services or construction to be awarded for a period of 12 months from 1 January of the following year.

(2) The declaration of the needs shall be carried out by filling in an application according to a sample, according to Annex No 2 to the present rules. Reasons for the proposals must be attached to the application.

(3) The applications shall be summarized within the respective structural unit / directorate, signed by its head, agreed with the director of the Budget, Finance and Project Payments Directorate (BFPP) and deposited with the director of the Public Procurement and Legal Services Directorate within the term under para. 1.

(4) The applications of the specialized units of the agency shall be summarized at the level of line directorate.

(5) By 10 November of each current year, the PARPP Department shall summarize the submitted applications by types of procurements and categories of sites, the type of procedure and the approximate start date of the procedure.

(6) Procurements, which are not included in the annual plan-schedule of RIA, shall be organized exceptionally by the order of Art. 9, after prior approval by the Management Board.

(7) The directorates in the Central Administration of RIA shall monitor the strict observance of the Public Procurement Plan-Schedule and with regard to the specialized units of the Agency, according to the department of the respective activity, which they carry out.

(8) The plan-schedule shall be approved by the Management Board of the agency and shall be submitted to the directorates in the CA of RIA for information and implementation.

   Art. 5. The PARPP Department of the Public Procurement and Legal Services Directorate keeps a register of the conducted public procurement procedures in the Central Administration of RIA.

CHAPTER THREE. ORGANIZATION OF PUBLIC PROCUREMENT AWARDING

   Art. 6. (1) The contracting authority of public procurements in RIA is the Management Board.

(2) The Management Board of RIA may with its decision for each individual case delegate its powers under para. 1 to:

1. The Chairman of the Management Board of RIA;
2. Member of the Management Board;
3. The directors of the specialized units of the Agency and the Central Institute of Road Technologies, National and European Norms and Standards for conducting public procurement procedures related to their activities.

(3) The officials, authorized by the order of para. 2, organize the assignment and implementation of the respective public procurements in accordance with the present rules.

(4) The contracting authority shall take a decision for awarding a public procurement on the basis of a motivated report, prepared by the director of the respective directorate responsible for the procurement, including in the cases of procedures, concerning the specialized units of the agency. The report shall indicate the subject of the procurement, justification and reasons for the need to award the procurement, the estimated value of the procurement, terms and conditions for its implementation, source of funding for the procurement, type of procedure, estimated value and method of financing.

(5) The report under para. 4 must be agreed with the Director of the BFPP Directorate on the availability of appropriations and secured funding.

   Art. 7. (1) The Public Procurement Planning, Analysis and Register Department of the PPLS Directorate prepares the preliminary announcement of the planned procurements under the conditions of Art. 23 and Art. 45c of the Public Procurement Act by February 15.

(2) The list of preliminary announcements shall be checked by the Control Activities Department of the Risk Analysis and Operational Control Directorate through a checklist by February 20.

(3) With a report the director of the PPLS Дirectorate shall submit the list of the preliminary announcements for approval by the Management Board of RIA.

(4) By March 1 of the current year, the Head of the Public Procurement Planning, Analysis and Register Department of the PPLS Directorate shall organize the sending of the approved preliminary announcements for publication in the Official Journal of the European Union in applicable cases and to the Public Procurement Agency for entry in the Public Procurement Register.

(5) The preliminary announcements shall be sent for publication in the cases only when the contracting authority intends to use the shortened terms under Art. 64, para. 2, Art. 81, para. 2 and Art. 104, para. 1 of the Public Procurement Act.

(6) A notice for publication of preliminary announcements shall also be published on the official website of the agency in the Buyer's Profile.

   Art. 8. (1) Changes in the approved Public Procurement Plan-schedule shall be made in the order of its preparation and approval

(2) In case of necessity after March 1 of the current year, a preliminary announcement shall be sent for publication after a decision of the Management Board of RIA, based on a report of the respective line directorate.

   Art. 9. (1) In case of need for a public procurement procedure, which is not included in the annual Plan-schedule of public procurement, the applicant initiates the same with a report to the Management Board of RIA, containing a reasoned proposal for conducting the procurement and changing the Public Procurement Plan-schedule.

(2) The proposal under para 1 shall be submitted by the applicant, having direct relation to the subject of the public procurement, to the contracting authority for approval and shall be submitted to the Management Board, coordinated by the director of Budget, finance and payments under projects Directorate on the availability of appropriations and contains the following information:

1. subject of the procurement;
2. justification for the necessity of awarding the procurement;
3. the estimated value of the procurement, the terms and conditions for its execution;
4. source of financing of the procurement.

(3) By accepting the proposal it is considered that the contracting authority has approved the change in the plan-schedule, a circumstance which is explicitly reflected in the minutes of the decision of the Management Board of RIA.

   Art. 10. The estimated value of the procurement is determined by the directorate who submitted the application, in agreement with the Director of the BFPP Directorate, regarding the availability of appropriations, depending on the estimated value of the procurement and the type of procedure and / or procurement procedure.

CHAPTER FOUR. PREPARATION OF DOCUMENTATION FOR PARTICIPATION IN PUBLIC PROCUREMENT WITH A PROCEDURE UNDER THE PUBLIC PROCUREMENT ACT OR THROUGH A PUBLIC INVITATION

   Art. 11. (1) Documentation for participation is prepared for each public procurement, which according to the approved by the Management Board of RIA and approved by the Chairman of the Management Board plan-schedule is to be awarded by procedure under the Public Procurement Act or under the order of Chapter Eight “a” of the Public Procurement Act by public invitation.

(2) The documentation for participation in conducting procedures under the Public Procurement Act shall have the obligatory content under Art. 28 of the Public Procurement Act.

(3) The documentation for participation in the award of a public procurement under the procedure of Chapter Eight “a” of the Public Procurement Act shall include:

1. the public invitation according to a model, approved by the executive director of Public Procurement Agency;
2. annexes to the public invitation, which consist of:

1. technical specification;
2. draft contract;
3. sample of technical and price proposal.

   Art. 12. In case of contracts for periodic supplies and / or services, the directors of the line directorates and the directors of the specialized units of RIA shall notify in writing the Management Board, ensuring the initiation of new procurements at least 7 months before the expiration of the contract.

   Art. 13. The Management Board may approve model documents for the award of public procurements.

   Art. 14. (1) The directorate indicated in the plan-schedule, which is responsible for the preparation of the conditions for awarding the respective public procurement, prepares independently or with the help of an external expert, a task, which includes:

1. full description of the subject of the procurement, including the separate positions, if any;
2. place and term for execution of the procurement, as well as guarantee conditions, if provided;
3. technical specifications, incl. investment projects in public procurement for construction, when such are required;
4. criteria for selection of the participants (if such are offered) and documents under Art. 49, 50 and 51 of the Public Procurement Act, which prove compliance with them, as well as reasons for some of the criteria;
5. terms and method of payment;
6. criterion for evaluation of the offers, and in case of criterion “economically most advantageous offer” - indicators for evaluation, relative weight and methodology, containing precise instructions for formation of the evaluation on each indicator;
7. a contact person from the directorate, who is responsible for conducting the procedure and assists in the preparation of the documentation for participation and the provision of explanations under Art. 29 of the Public Procurement Act.

(2) The persons who have prepared the technical specifications and the methodology for evaluation of the offers (under the criterion “the most economically advantageous offer”) shall obligatorily sign the respective documents.

(3) The information under para. 1 shall be submitted to the PPLS Directorate in the form of a completed Annex No 3 of these rules.

   Art. 15. (1) When it is necessary to involve an external expert for the preparation of documentation for participation and / or technical specifications and / or methodology for evaluation of offers, the director of the line directorate makes a written proposal to the Management Board of RIA, stating:

1. the field of professional competence of the external expert;
2. whether the external expert is to be elected from the list under Art. 19, para 2, item 8 of the Public Procurement Act or not;
3. a specific person to be involved as an external expert (if any).

(2) When a specific external expert is proposed in the proposal under para 1, indications for his professional competence shall also be applied.

(3) On the basis of the proposal under para. 1 and after a decision of the Management Board of RIA a contract is concluded with an external expert for preparation of technical specifications and / or methodology for evaluation of the offers (under the criterion “the most economically advantageous offer”).

(4) The involved external expert shall sign the documents developed by him or with his participation. The acceptance of the work of the external expert is performed by an official in the directorate responsible for the preparation of the respective public procurement, according to the plan-schedule.

(5) The prepared documentation shall include:

1. when conducting a procedure under the Public Procurement Act:

1. decision to initiate the sample procedure;
2. announcement for a public procurement according to a sample (for the procedures that require it) or invitation for participation (for a negotiated procedure without announcement);
3. instructions for participation in the procedure, incl. list of required documents, sample declarations and others, if required;
4. technical specifications / assignment;
5. methodology for evaluation of the offers, according to the technical specifications / assignment, when the criterion for evaluation of the offers is “the most economically advantageous offer”;
6. sample of technical and price offer;
7. draft contract.

2. when awarding a public procurement through a public invitation:

1. an order for approval of the conditions of the procurement, contained in the public invitation and the documentation for participation in it, as well as for determination of the composition of the commission to receive, consider and evaluate the offers;
2. public invitation according to a sample;
3. technical specifications / assignment;
4. draft contract;
5. sample technical and price proposal.

   Art. 16. (1) Documentation for participation, respectively the public invitation is coordinated by the PPLS Directorate and the applicant Directorate and is submitted for preliminary control for legality and issuance of a checklist in the Risk Analysis and Operational Control Directorate.

(2) If necessary, the documentation shall be sent for inspection and approval by the competent authorities, when this is required by a normative act, operational or framework agreement.

(3) The contracting authority shall approve the documentation after the inspection, respectively after receiving the observation or the approval of the competent authorities by the order of para. 2.

(4) After the approval under para. 3, the employees of the Organization of Public Procurement Procedures Departments shall submit the documentation, namely the public invitation to an employee of the PARPP Department for announcement, respectively publish in the Public Procurement Agency register and send to the Communications and Information Directorate for publication in the buyer's profile in the cases applicable by law and sending a message to the mass media about the public procurement.

   Art. 17. The Risk Analysis and Operational Control Directorate checks for legality of all prepared documents for awarding public procurements, public invitations and assignments under the procedure of Art. 14, para. 5 of the Public Procurement Act, incl. and the decision for initiating the procedure, the announcement / preliminary announcement /, the documentation for participation and the decision for change, in the cases where there are grounds to issue such.

   Art. 18. (1) When a specific procedure under the Public Procurement Act is subject to preliminary control under Art. 20a of the Public Procurement Act, the PPLS Directorate sends to the Public Procurement Agency electronically, with an electronic signature, the drafts of documents under Art. 20a, para. 1 of the Public Procurement Act.

(2) After receiving an observation from the Executive Director of the Public Procurement Agency, if necessary, the announcement and / or documentation for participation shall be amended accordingly, after which the decision to open the procedure and documentation for participation shall be submitted for approval by the Management Board of RIA. The changes are made in coordination with the respective line directorate and, if necessary, when they concern the selection criteria and / or the methodology for evaluation of the offers, they are submitted for a checklist in the Risk Analysis and Operational Control Directorate.

(3) After opening the procedure, the observation received from the Executive Director of the Public Procurement Agency shall be provided by the PARPP Department of the Communication and Information Directorate for publication in the buyer's profile in the electronic file of the respective public procurement to which it refers.

CHAPTER FIVE. CONDUCTING PROCEDURE FOR AWARDING A PUBLIC PROCUREMENT UNDER THE PUBLIC PROCUREMENT ACT

   Art. 19. (1) After signing a decision to open a public procurement procedure under the Public Procurement Act, the PPLS Directorate is responsible for:

1. sending the public procurement announcement for publication in the Official Journal of the EU, if there are grounds for it;
2. sending for entry in the Public Procurement Register the decision and the public procurement announcement with an accompanying letter, signed by the Chairman of the Management Board of RIA or electronically with an electronic signature by an authorized user;
3. sending to the Public Procurement Agency of:

1. invitation to participate in a negotiated procedure without announcement;
2. the approved methodology for evaluation of the offers in procedures under the Public Procurement Act, on which preliminary control has been exercised under Art. 20a of the Public Procurement Act and the criterion for evaluation of the offers is “the most economically advantageous offer”.

4. sending the invitation for participation in a negotiation procedure without announcement to the person or the persons, indicated in the decision for opening the procedure;
5. sending by e-mail the complete documentation for participation to the Communication and Information Directorate for its publication in the profile of the buyer of RIA;
6. preparation of a text of a message to the mass media, which shall be provided by e-mail to the Communication and Information Directorate for sending to the Bulgarian Telegraph Agency, as well as to at least three print media and at least three licensed radio and television operators.

   Art. 20. (1) In case of a request from a person to provide the documentation published in the buyer's profile for participation on paper and / or electronic media, a copy of the documentation is completed by the PARPP Department and provided to the person after the issuance by the Financial Accounting Department at the BFPP Directorate an invoice for its purchase with a fiscal receipt;

(2) The employees of PARPP Department shall fill in the information for purchased documentation under each procedure, and in the cases when the person has not attached to his written request evidence for advance payment of the price of the documentation and postage, the documentation shall be sent by cash on behalf of the recipient.

   Art. 21. (1) When within 10 days after the publication of the announcement in the Public Procurement Register, written proposals are received from third parties for changes in the announcement and / or documentation due to alleged irregularity, omission or obvious factual error, they are immediately sent by resolution to the PPLS Directorate and the line directorate for assessment of the existence of grounds for drafting a change.

(2) In case of a positive observation on the need to change the terms of the procurement within the limits permitted by law, an employee of the Organization of Public Procurement Procedures Department shall prepare a draft decision for change according to a template submitted for approval to the Management Board of RIA, it shall be signed and sent by cover letter or electronically with an electronic signature for entry in the Public Procurement Register, as well as to the EU's Official Journal, if justified.

(3) The decision for change, after its signing by the contracting authority, shall be sent by the Department of Organization of Public Procurement Procedures to the CI Directorate for publication in the profile of the buyer of RIA, together with the changed documentation for participation.

(4) Outside the cases under para. 1, grounds for publication of a decision for change may also be motivated proposals by officials, as well as notes in the final report on legality of exercised preliminary control under Art. 20a of the Public Procurement Act, if such was prepared for the specific procedure.

   Art. 22. (1) The persons may request in writing from the contracting authority explanations on the documentation for participation within 10 days, and for procurements under Art. 14, para. 3 of the Public Procurement Act - up to 7 days before the expiration of the term for receiving the offers or applications. The person responsible for the procurement, specified in the announcement, maintains a register of the persons who requested clarifications on the documentation and indicated an e-mail address for correspondence and / or the persons explicitly requested the receipt of documentation on their behalf.

(2) After signing each explanation, it shall be sent by e-mail from the PPLS Directorate to the Communication and Information Directorate for its publication in the profile of the buyer of RIA. The explanations under para. 1 shall be published in the buyer's profile within 4 days of receiving the request. If the persons have indicated an e-mail address, the explanations are also sent to him on the day of their publication in the buyer's profile. The explanations do not provide information on the persons who requested them.

(3) When from the publication of the explanations by the contracting authority to the deadline for receiving offers or applications there are less than 6 days left, and in the cases of Art. 14, para. 3 of the Public Procurement Act - less than three days, the contracting authority is obliged to extend the deadline for receipt of offers or applications.

(4) In the cases under para. 3, the decision for change shall be published by the Communication and Information Directorate in the buyer's profile on the day of its sending for publication in the Public Procurement Register. From the day of publication in the buyer's profile until the deadline for submission of offers may not be less than 6 days, and in the cases under Art. 14, para. 3 of the Public Procurement Act - less than three days.

   Art. 23. (1) A register of the received offers for each public procurement is kept in the RIA office.

(2) The offers shall be accepted in the office of the agency, marking on them an incoming number, date and time of receipt, for which the participant or the candidate or their representative shall be issued a registration coupon with incoming number and date.

(3) The offers shall be kept in the office of the agency until the appointment of a commission for conducting the procurement.

(4) The clerks shall submit the received offers under the respective procedure to the chairman of the appointed commission for examination, evaluation and ranking of the offers, together with the list of the submitted offers.

   Art. 24. (1) The contracting authority may, on its own initiative or on a signal of irregularity, make one-time changes in the announcement and / or documentation of the public procurement, related to ensuring the legality of the procedure, elimination of omissions or obvious factual error.

(2) The changes under para. 1 shall be carried out by the order of Art. 27a of the Public Procurement Act through a decision for change, prepared by the Organization of Public Procurement Procedures Department.

(3) The contracting authority shall extend the announced terms in the procedure in the cases of Art. 27a, para. 8 and 9 of the Public Procurement Act.

   Art. 25. (1) When within the initially set deadline for submission of offers or applications for participation no such offers or applications have been received or only one offer or application has been received, the line directorate, after coordination with the director of PPLS Directorate, shall immediately notify the Management Board of RIA with a report which offers:

1. extension of the term for submission of offers or applications for participation by publishing a decision for change;
2. termination of the procedure;
3. appointment of a commission for conducting the procedure - only in the case of one received offer or application for participation.

(2) In case in the course of the procedure it is established that the initially determined term for submission of offers is insufficient and a request has been received from an interested person for its extension, the director of the line directorate responsible for the procurement in a report to the Management Board of RIA, depending on his assessment, proposes an extension or not for this period.

(3) In case of a positive decision for extension of the term, an employee of the Organization of Public Procurement Procedures Department shall prepare a draft of the respective decision and submit it for signature by the contracting authority.

   Art. 26. The examination, evaluation and ranking of the received offers for participation in a public procurement procedure shall be carried out in accordance with the normative acts and the documentation for participation.

   Art. 27. (1) For the implementation of the public procurement procedure, the Chairman of the Management Board, after a decision of the Management Board of RIA, appoints a commission under Art. 34 - 36 of the Public Procurement Act, as the draft order is prepared by employees of the Organization of Public Procurement Procedures Department at the PPLS Directorate.

(2) The draft order under para. 1 shall be coordinated by the Head of the Department for Organization of Public Procurement Procedures, the Head of the Department for Procedural Representation and Control of Public Procurement, by the Director of the PPLS Directorate and by the Applicant Directorate, and a checklist for the order and operational control.

(3) In case of open procedure the commission shall be appointed by the contracting authority after expiration of the term for acceptance of the offers, and in case of limited procedure, competitive dialogue or negotiation procedure - after expiration of the term for acceptance of the applications for participation.

(4) After registration in the office of RIA, the original of the order with the approval signatures shall be kept in the Records and Archives Department in the Analysis and Operational Control Directorate, as certified copies of the order shall be attached to the public procurement file and shall be brought to the attention of the members of the Commission and of the competent authorities where required by law or contract.

   Art. 28. (1) The commission for conducting the procedure is appointed by order of the contracting authority, stating:

1. the nominal composition of all members of the commission: chairman, members, reserve members, consultant and observers;
2. tasks, deadlines for implementation and place of work;
3. date, place and time of the first meeting of the commission.

(2) When a public procurement is awarded for construction of a value equal to or higher than BGN 9,779,000 (excluding VAT), an external expert shall be included from the list under Art. 19, para. 2, item 8 of the Public Procurement Act, selected by lot according to rules, according to the Regulations for application of the Public Procurement Act.

(3) With the exception of the lawyer in the commission, at least for the half of the other members the professional competence related to the subject of the public procurement must be proved. The Commission consists of an odd number of members - at least five, and in the cases under Art. 14, para. 4 of the Public Procurement Act - at least three.

(4) When conducting public procurements financed with funds from the European Regional Development Fund or the EU Cohesion Fund, the composition of the commission may include persons from other departments outside the structure of the RIA.

   Art. 29. When an external expert participates in the commission, regardless of whether he is from the list under Art. 19, para 2, item 8 of the Public Procurement Act or not, before issuing the order for appointment of a commission a written contract shall be concluded with him.

(2) Before concluding a contract with a specific external expert, he shall present evidence of his professional competence in the respective field, according to the subject of the public procurement.

(3) The external expert shall have the right to remuneration, as well as to bear his / her travel, subsistence and accommodation expenses, if any.

(4) The respective line directorate shall be responsible for the conclusion of the contract with the external expert and payment of the remuneration agreed in it.

   Art. 30. (1) After appointing the commission and receiving the list of offers or applications for participation, all members and consultants, if any, fill in declarations of circumstances under Art. 35, para. 1 and para. 2 of the Public Procurement Act.

(2) The appointed reserve members shall fill in declarations only in case they intervene to participate in the work of the commission in the place of a titular member.

   Art. 31. (1) When examining the documents from envelope No 1 the commission finds missing documents and / or irregularities in the documents and / or inconsistencies with the selection criteria, the protocol, which reflects the findings of the commission, is sent to all candidates / participants in the procedure and posted on the buyer's profile.

(2) On the day of its compilation and signing, the Protocol under para. 1 shall be sent to the participants and shall be provided by the chairman of the commission or a member of the commission appointed by him to the Communication and Information Directorate, which shall be responsible for its publication in the buyer's profile.

   Art. 32. (1) Before opening the price proposals in envelope No 3, the chairman of the commission shall sign a notice for the date, place and time for holding the public meeting. Where the criterion for the evaluation of tenders is “the most economically advantageous offers”, the communication shall also indicate the results of the evaluation on indicators other than price.

(2) The communication under para. 1 shall be submitted to the Communication and Information Directorate, which shall publish it in the buyer's profile. There may not be less than 2 working days between the publication of the communication and the set date for opening the price offers.

   Art. 33. (1) After the completion of the work of the commission for conducting a procedure under the Public Procurement Act, its chairman submits with a report to the Management Board of RIA all the drawn up minutes, as well as a report when a negotiated procedure has been conducted without announcement.

(2) Within 5 days from the receipt of the minutes, and if there is a reason for the report of the commission, the contracting authority may exercise its right to control its work by ruling in one of the following ways:

1. order preparation of a draft decision for ranking and determination of a contractor;
2. give obligatory written instructions to the commission for elimination of violations established in the course of its work, which may be eliminated without requiring termination of the procedure;
3. order preparation of a draft decision for termination of the procedure - in the presence of grounds under Art. 39 of the Public Procurement Act.

(3) In the cases under para. 2, item 1 and item 3, the draft decision shall be prepared by an employee in the Organization of Public Procurement Procedures Department and shall be coordinated by the Head of the Organization of Public Procurement Procedures Department, Head of the Procedural Representation and Public Procurement Control Department, director of the PPLS Directorate and the line director, after which he presents himself for preliminary control for legality in the Risk Analysis and Operational Control Directorate by issuing a checklist.

   Art. 34. (1) The decision issued by the contracting authority to classify and appoint a contractor or to terminate the procedure, together with the minutes of the commission and a report (in the case of a negotiated procedure without announcement) simultaneously:

1. shall be sent to the participants in the procedure and
2. are published in the buyer's profile by the Communication and Information Directorate.

(2) An issued decision for termination of a procedure under the Public Procurement Act shall also be sent to the executive director of the Public Procurement Agency for publication in the Public Procurement Register on paper with an accompanying letter signed by the contracting authority and by e-mail or authorized user with electronic signature.

(3) After the entry into force of the decision for ranking, a letter shall be sent to the participant designated as a contractor, inviting him to conclude a contract and indicating the documents to be submitted by him.

   Art. 35. (1) When in the course of the procedure guarantees for participation have been requested and presented, an employee of the PPLS Directorate - a member of the commission, monitors the expiration of the term for appealing the decision for classification and determination of a contractor, resp. of the decision to terminate the procedure and immediately with a report to the Director of the BFPP Directorate and / or a letter to the participants informing them of the need to release or suspend the guarantees of the removed participants and the third and next ranked participants.

(2) The procedure for release of the guarantees for participation depends on the form in which the guarantee has been presented - a sum of money, deposited in the cash desk or in the bank account of RIA or bank guarantee.

(3) The PPLS Directorate shall be responsible for preparing information on the dates and grounds for releasing or withholding the guarantees for participation in each procedure, as the preparation of the documents under para. 1 shall provide the same to the Communication and Information Directorate for publication in the buyer's profile.

   Art. 36. (1) The Procedural Representation and Control of Public Procurement Department completes the necessary documentation in connection with the submitted complaint for sending to the competent authority, and if necessary has the right to request an observation from the line department that prepared the technical specifications / assignment for the respective procurement.

(2) Employees of the Procedural Representation and Control of Public Procurement and the Organization of Public Procurement Procedures Department carry out the procedural representation in the initiated cases.

   Art. 37. (1) When, as a result of a procedure under the Public Procurement Act, a decision is issued for classification and determination of a contractor, an employee of the Public Procurement Procedures Department prepares a draft public procurement contract, which corresponds to a draft contract attached to the tender documentation and includes all proposals from the offer of the participant, on the basis of which he was determined as a contractor. The draft contract is prepared in two copies, except when the operational agreement and / or other act explicitly requires the contract to be drawn up in triplicate.

(2) After the entry into force of the decision to appoint a contractor, the Organization of Public Procurement Procedures Department prepares draft letters requesting the issuance of a certificate of presence or absence of obligations for the designated contractor, which after signing by the Chairman of the Management Board of RIA and / or a person authorized by him shall be sent to:

1. the territorial directorate of the National Revenue Agency by registration or permanent address of the participant - regarding obligations to the state; and
2. the municipality at the seat of the participant - regarding obligations for local taxes and fees, except when the legislation of the state in which it is established provides for the inclusion of any of these circumstances in a public free register or their provision free of charge to the contracting authority.

(3) When in response to a request under para. 2 a certificate is received from a revenue authority stating that the participant designated as a contractor has obligations to the state and / or municipality, the Organization of Public Procurement Procedures Department shall prepare draft letter from the Chairman of the Management Board of RIA and / or a person authorized by him, with which:

1. the person is notified of the content of the received certificate, which is an obstacle to concluding a contract; and
2. a reasonable term for presentation of a new certificate shall be determined, in case the participant does not agree with the statement for existence of obligations.

(4) In case the participant appointed as a contractor does not present a new certificate, the Organization of Public Procurement Procedures Department shall prepare a draft decision by which the second ranked participant is determined as a contractor or the procedure shall be terminated.

   Art. 38. (1) An employee from the Organization of Public Procurement Procedures Department organizes the signing of the draft contract by the designated contractor, after:

1. all required documents have been submitted by him (documents from competent authorities for the circumstances under Art. 47, para 1 and para 2 of the Public Procurement Act and performance guarantee in the respective amount, if such has been determined at the opening of the procedure);
2. the ex officio required certificates have been received from the revenue authorities for lack of obligations of the participant appointed as contractor to the state and municipality.

(2) The draft contract signed by the contractor within one working day shall be coordinated by each of the directorates as follows:

1. Public Procurement and Legal Services Directorate;
2. The line directorate, as the director signs the contract on each page;
3. BFPP Directorate - for the Director of the Directorate, for the Chief Accountant, for the issuance of a checklist for commitment;
4. Risk Analysis and Operational Control Directorate - for director directorate, for issuing a checklist;
5. The draft contract shall be verified by a financial controller through a checklist.

(3) During the coordination the original documents under para. 1 shall be stored in the Organization of Public Procurement Procedures Department.

(4) After the expiration of the term under Art. 41, para. 3 of the Public Procurement Act and under the conditions of Art. 41, para. 5 of the Public Procurement Act, all copies of the agreed and signed by the contractor draft public procurement contract shall be submitted for signature by the Chairman of the Management Board of RIA.

(5) In case of conducted procedure of negotiation without announcement under the Public Procurement Act, which has been subject to preliminary control under Art. 206 of the Public Procurement Act, the public procurement contract shall not be signed before the observation of the Executive Director of the Public Procurement Agency has been published, as well as if the published observation does not confirm the lawful choice of procedure.

(6) The copy of the public procurement contract signed by the Chairman of the Management Board of RIA shall be submitted to the Organization of Public Procurement Procedures Department, which:

1. attach a copy of the contract and the documents submitted at the conclusion of the contract by the competent authorities in the public procurement file and submit it with an inventory of an employee of the PARPP Department;
2. provides to an employee of the PARPP Department all data for preparation of information for a concluded contract according to a sample, which is submitted for signature by the Chairman of the Management Board of RIA and sent for entry in the Public Procurement Register within the statutory period, as well as to the EU's Official Journal, if justified;
3. send a scanned copy of the public procurement contract and the obligatory annexes to it to the Communication and Information Directorate for their publication in the buyer's profile.
4. the original of the contract shall be handed over to a commission, appointed by an order of the Chairman of the Management Board of RIA, which shall accept, register and store the contract and the documents to it in original.

(7) By signing the contract and scanning it in the record keeping system of RIA, it shall be considered that all persons who have coordinated it have been notified of its conclusion.

   Art. 39. When guarantees of participation are requested and presented in the course of the procedure, immediately after signing the public procurement contract, an employee of the PPLS Directorate notifies the BFPP Directorate to release the participation guarantees presented in the form of a sum of money to the first and second place ranked.

   Art. 40. (1) When in the course of execution of a public procurement contract, concluded after a procedure under the Public Procurement Act, incurred circumstances under Art. 43, para. 2 of the Public Procurement Act, which allow its amendment, the director of the relevant directorate for the contract, sends a scanned copy of the signed additional agreement to the Communication and Information Directorate for publication in the profile of the buyer of RIA.

(2) After the completion of the implementation of each public procurement contract concluded after a procedure under the Public Procurement Act or upon early termination of such contract, within two weeks of the relevant circumstance the directorate responsible for the contract shall notify the Public Procurement and Legal Services Directorate with a view to sending information for entry in the Public Procurement Register information according to a sample.

(3) A scanned copy of the information prepared by the PARPP Department shall be submitted to the Communication and Information Directorate for publication in the RIA buyer's profile.

(4) Information for termination or early termination of a contract shall also be prepared when the contractor has been selected on the basis of assignment under Chapter Eight “a” of the Public Procurement Act by public invitation. The information shall be presented in free form with content analogous to the information under para. 2 and is sent to the Communication and Information Directorate by an employee of the PARPP Department for publication in the buyer's profile of RIA.

CHAPTER SIX. RULES FOR AWARDING PUBLIC PROCUREMENT CONTRACTS BY PUBLIC INVITATION AND FREE CHOICE OF CONTRACTOR

   Art. 41. When the public procurement plan-schedule provides for the award of supply, service or construction under Chapter Eight “a” of the Public Procurement Act by public invitation, the preparation of public procurement conditions is carried out under Chapter IV of these rules.

   Art. 42. After signing by the Chairman of the Management Board of RIA and / or a person authorized by him the order under Art. 15, para. 5, item 2, the Organization of Public Procurement Procedures Department shall organize:

1. publication of the public invitation on the Public Procurement Portal with electronic signature by an authorized user;
2. providing the Communication and Information Directorate with:

1. the public invitation and the documentation for participation in it for publication in the profile of the buyer of RIA;
2. text for a message to the mass media - for sending by e-mail to BTA, as well as to at least three print media and at least three licensed radio and television operators;

3. sending the public invitation to specific persons, if this is proposed in the letter under Art. 14, para. 2, item 4 of the director of the respective line directorate for the procurement.

   Art. 43. (1) When, within 3 days before the deadline for submission of offers under the public invitation, a written request for clarification on the terms of the public procurement is received, it shall be immediately addressed by resolution to the contact person specified in the public invitation.

(2) The person / persons under para. 1 shall immediately prepare a draft of a clarification and submit it for signature by the contracting authority and / or a person authorized by him.

(3) The signed clarification shall be submitted to the Communication and Information Directorate by e-mail for publication of the buyer's profile no later than the day following the receipt of the request for clarification.

(4) When the deadline for clarification cannot be met, as a result of which there are less than 2 days left until the deadline for submission of offers, the public invitation shall be withdrawn from the Public Procurement Portal by the authorized user who publish it.

(5) After a decision of the Management Board of RIA in the cases under para. 4, when a new public invitation is published, its conditions shall also reflect the clarifications for which the deadline has not been met.

   Art. 44. (1) The offers submitted on the basis of the public invitation shall be accepted by the order of Art. 23.

(2) After the expiration of the term for submission of the offers, they shall be handed over to the commission, determined by the order of Art. 15, para. 5, item 2 to examine, evaluate and rank them.

(3) The commission shall include at least one person possessing professional competence related to the subject of the procurement.

   Art. 45. (1) Upon commencement of the work of the commission and after receipt of the offers, its members shall fill in a declaration for the circumstances under Art. 35, para. 1, items 2-4 of the Public Procurement Act.

(2) The work of the commission shall begin with a public sitting for opening of the received offers, at which the persons under Art. 68, para 3 of the Public Procurement Act. All people’s present are entered in a list containing the three names and the quality of the persons.

(3) During the public part of its meeting the commission shall perform the following actions:

1. opens the offers in the order of their receipt and registration in RIA;
2. announce to the attendees the offered prices of all participants;
3. invites a representative of the participants, if such is present at the meeting, to sign the new and technical proposals contained in the offers.

(4) With the implementation of the actions under para. 3 the public part of the meeting shall end, after which the commission shall continue its work at a closed meeting.

   Art. 46. (1) The Commission examines the offers in the order of their receipt and verifies their compliance with the requirements of the contracting authority, specified in the public invitation and the documentation for participation in it.

(2) In case when reviewing the documents submitted by the participants to the offers it is established that there are missing documents and / or irregularities in the submitted documents and / or discrepancies with the requirements of the contracting authority regarding the qualities of the participants, the commission shall notify the relevant participants and provides them with a period of 3 working days to eliminate the omissions and shortcomings. The term runs from the day following the receipt of the letter from the specific participant.

(3) Opportunity to submit documents under para 2 may be applied once in respect of the same omission, irregularity or non-compliance with the requirements of the contracting authority.

(4) By the order of para 2 it is not allowed to eliminate omissions and shortcomings in the technical part and / or the price offer and the documents to them.

(5) The Commission shall take a final decision on the compliance of a given participant with the requirements of the contracting authority after the expiration of the term under para 2 and on the basis of the additionally submitted by him documents.

(6) The documents, which shall be submitted by the participants within the term under para. 2 may have a date of issue or relate to circumstances that occurred after the deadline for submission of offers.

   Art. 47. At any time in the course of its work, the commission has the right:

1. to check the data requested by the participants, including by requesting information from other authorities and persons;
2. to require from the participants:

1. explanations for data declared by them, incl. contained in their technical and / or price proposal;
2. additional evidence of data declared by them, incl. of the technical and / or price proposal, and this possibility cannot be used to change them.

   Art. 48. (1) When during reviewing the offers the commission establishes that the offer of a participant does not meet the requirements of the contracting authority, placed in the public invitation and the documentation for participation to it, the established discrepancies shall be indicated in the minutes under Art. 51 and further consideration of the offer shall be suspended.

(2) Offers of participants for which discrepancies with the requirements of the contracting authority have been established, which cannot or have not been eliminated by the order of Art. 46, para 2, are not subject to assessment.

(3) In the course of its work the commission shall not have the right to apply the rule under Art. 70 of the Public Procurement Act.

   Art. 49. (1) The offers, for which during their examination the commission has established that they meet all the requirements of the contracting authority, are subject to evaluation according to the evaluation criterion announced in the public invitation - the lowest price or the most economically advantageous offer.

(2) When the criterion is the most economically advantageous offer, the commission shall apply the announced evaluation indicators with their relative weight, as well as the evaluation methodology contained in the public invitation.

(3) Based on the results of the evaluation of the offers, the commission shall propose a ranking of the participants.

   Art. 50. When there are obstacles to determining the contractor of the public procurement, the officials shall propose to the contracting authority the suspension of the selection of the contractor, for which they shall state respective reasons.

   Art. 51. (1) The Commission shall draw up minutes on its work, in which it shall record consistently all the actions and decisions taken and the reasons therefor.

(2) The minutes shall be submitted to the Management Board of RIA for approval with a report, to which a checklist issued by the Risk Analysis and Operational Control Directorate shall be attached.

(3) The Management Board of RIA has the right within 3 days to rule on the minutes in one of the following forms:

1. approve the minutes of the commission by signing it as “approved”;
2. give obligatory written instructions to the commission for elimination of omissions and / or violations established in the course of its work.

(4) The minutes approved by the Management Board of RIA shall be sent by the Organization of Public Procurement Procedures Department to the participants, as well as to the Communication and Information Directorate - for publication in the profile of the buyer of RIA.

   Art. 52. (1) When a minutes of a commission has been approved, in which the ranking of the participants is proposed, the Organization of Public Procurement Procedures Department shall prepare a draft contract, which shall be concluded in accordance with Chapter V of these Rules.

(2) Before concluding the contract by the participant, determined for contractor, are required:

1. certificates for criminal record by the persons under Art. 47, para. 4 of the Public Procurement Act;
2. declarations for the circumstances under Art. 47, para. 5 of the Public Procurement Act;
3. performance guarantee, if such is provided in the terms of the procurement.

(3) At the conclusion of the contract the rules of Art. 41 of the Public Procurement Act shall not be applied.

(4) A scanned copy of the concluded contract shall be provided by the Organization of Public Procurement Procedures Department to the Communication and Information Directorate for publication in the profile of the buyer of RIA.

(5) By signing the contract and scanning it in the record keeping system of the RIA, it shall be considered that all persons who have coordinated it have been notified of its conclusion.

   Art. 53. (1) When the participant ranked first by the commission refuses to conclude the contract or there are obstacles under Art. 47, para 1, item 1 or para. 5 of the Public Procurement Act, the director of the line directorate responsible for the procurement, in coordination with the PPLS Directorate, propose to the Management Board of RIA to:

1. conclude a contract with the second ranked participant; or
2. a new public invitation for the same public procurement to be published.

(2) The order under para. 1 shall be applied also in case of refusal to conclude a contract and by the participant ranked second.

   Art. 54. (1) Where no offer is received by the deadline for submission of offers specified in the public invitation, the PPLS Directorate shall notify the line directorate accordingly.

(2) The director of the line directorate shall propose to the Management Board of RIA to re-publish a public invitation or to conduct direct negotiations with a specific potential contractor of the public procurement.

(3) In case the Management Board orders direct negotiations, they shall be conducted by a commission appointed by it, which shall document its work in a minutes. The agreements reached during the negotiations cannot lead to a change in the technical specifications, the draft contract and the estimated value of the public procurement, which were initially announced in the public invitation.

(4) The minutes drawn up by the commission conducting the negotiations shall be submitted for approval by the Management Board of RIA, after which a contract shall be concluded in accordance with the present rules.

   Art. 55. When in the course of execution of a public procurement contract, concluded after awarding by public invitation, circumstances occurred under Art. 43, para. 2 of the Public Procurement Act, which allow its amendment, the director of the line directorate shall provide a scanned copy of the signed additional agreement to the Communication and Information Directorate for publication in the profile of the buyer of RIA.

   Art. 56. (1) When the value of a public procurement does not require the selection of a contractor to be carried out by a procedure under the Public Procurement Act or by public invitation, the award shall be made freely.

(2) Execution of costs for delivery of goods, services or construction of values that allow the choice of contractor to be free, shall be preceded by a report from the line directorate, which will use the subject of the contract, with a proposal to the RIA.

(3) Each proposal for execution of costs under para. 2 shall be sent for observation to the Budget, Finance and Payments for Projects Directorate, and in case of approval actions shall be taken to ensure the implementation of the procurement.

(4) When costs for supplies and services are made at values, allowing free choice of contractor, the reporting shall be done with primary payment documents and / or with a written contract. If it is necessary to conclude a written contract, the director of the line directorate with a report, accompanied by the observation under para. 3, shall submit the draft contract for coordination by the Public Procurement and Legal Services Directorate.

(5) When construction is assigned in the sense of Art. 3 of the Public Procurement Act, regardless of its value, a written contract shall be concluded with the contractor and the procedure under para 4 shall be observed for its coordination.

   Art. 57. (1) The PARPP Department in the PPLS Directorate organizes the preparation and sending of summarized information according to the model for the public procurements, awarded during the previous calendar year by the order of Chapter Eight “a” of the Public Procurement Act or freely, according to Art. 56 of these Rules.

(2) The summarized information shall be prepared by the line directorates and shall be submitted to the PPLS Directorate by March 15 of the year following the reporting year, on the basis of the amounts paid under:

1. concluded contracts after award with a public invitation;
2. concluded written contracts for construction, assigned freely;
3. concluded written contracts and / or invoices for supplies and services, freely assigned.

(3) The information under para. 2 shall be finalized and summarized in accordance with the approved model and shall be sent to the Public Procurement Agency by March 31, and a checklist for it shall be issued by the Risk Analysis and Operational Control Directorate.

CHAPTER SEVEN. STORAGE AND PROVISION OF ACCESS TO THE FILES OF PUBLIC PROCUREMENT PROCEDURES

   Art. 58. (1) Until the expiration of the term for appealing the decision of the contracting authority, and in the absence of appeal - until the conclusion of the contract, all documents collected in the course of public procurement procedure are stored by PPLS Directorate in a room accessible only to PPLS staff.

(2) Within ten days from the conclusion of the contract or from the termination of the procedure, a member determined by the chairman of the commission shall submit with a handover protocol for storage to an employee of the Organization of procedures and public procurement Department of the PPLS Directorate all the documentation on the implementation of the public procurement, collected, completed and arranged in chronological order, according to Annex 1, with an inventory of documents.

(3) In the cases of public procurement procedures financed under the Transport Operational Program, Regional Development Operational Programme and others, all documentation on the implementation of the public procurement, completed and arranged in chronological order, according to Annex 1, with an inventory of documents shall be submitted by a member of the commission to employees of the Implementation of projects under Operational Programme Transport and Cohesion Fund Directorate and Implementation of projects under the Regional Development OP and under the EU Territorial Cooperation Programmes for archiving of the directorates. The directorates under this provision are responsible for compliance with the requirements of the relevant operational agreements for the programmes for which the Agency is a beneficiary and which concern the organization, conduct and award of public procurements.

(4) In case of appeal against the decision of the contracting authority, access to the protocols and documents of the procedure shall be provided to the Procedural Representation and Control of Public Procurement Department.

(5) After resolving the dispute by an act that has entered into force, PPLS Directorate through the Procedural Representation and Control of Public Procurement Department shall notify the contracting authority and the directorate applicant of the public procurement of the decision on the dispute.

(6) For each procedure for awarding a public procurement, a member of the commission determined by the chairman of the commission for selection of a public procurement contractor, shall prepare and keep a file, completed and containing in chronological order all documents under Annex 1 to the rules and submit it to the Organization of Public Procurement Procedures Department for safekeeping, after the completion of the work of the commission.

(7) After concluding the contract, the file and the offers shall be submitted in the archives to:

1. Implementation of projects under the Operational Program Transport and Cohesion Fund Directorate for procedures financed under the Transport Operational Programme, where the file is kept for 7 years from the end of the programme, unless under EU Regulation, regulatory act, an operational or framework agreement, or a financing agreement does not require a longer retention period.
2. Implementation of projects under OP Regional Development and EU territorial cooperation programmes Directorate for procedures funded by the Operational Programme Regional Development and Cross-Border Cooperation, where the file is stored for 7 years from the end of the programme, unless a longer retention period is required under an EU Regulation, regulatory act, operating or framework agreement, or financing agreement.
3. For all other procedures in the PPPAR Department in the PPLS Directorate, where the file is kept for a period of 5 years after the completion of the contract or the execution of the costs in connection with Chapter Eight “a” of the PPA, only in cases where a contract is signed.

(8) The line directorate shall appoint an official who shall perform initial indexing or sequential numbering of the files on the assigned procedures financed with EU funds, in order to build an audit trail - their timely collection and storage in order to ensure the completeness and consistency of project files, tracking the processes in RIA from initiation to completion and facilitating their subsequent archiving.

CHAPTER EIGHT. PRELIMINARY CONTROL OF PUBLIC PROCUREMENT

   Art. 59. (1) The internal preliminary control in the award of public procurements is carried out through preliminary control activities by the Control Activities and Risk Analysis Department of the Risk Analysis and Operational Control Directorate.

(2) he Control Activities and Risk Analysis (CARA) Department of the Risk Analysis and Operational Control Directorate shall check through a checklist the preliminary public procurement announcements and the public procurement documentation for open and restricted procedure, award by framework agreement and the procedures to it, procedures of negotiation, open competition and negotiation by invitation, public invitation and free assignment by the order of Art. 14, para. 5 of the Public Procurement Act.

(3) The CARA Department of the Risk Analysis and Operational Control Directorate shall check the draft acts of the contracting authority, which concludes the administrative part of the procedure, through a checklist, and the inspection shall include all acts and actions of the contracting authority performed so far.

(4) The CARA Department and the financial controller shall, through a checklist, inspect the draft contract for awarding the public procurement.

(5) The CARA Department shall also check for legality of all documents for participation for procedures under the Public Procurement Act, public invitations, decisions for selection of contractor and termination decisions issued under procedures conducted by the persons authorized by the Management Board of RIA under Art. 6, para. 2 of these Rules.

   Art. 60. In carrying out the control under Art. 59 employees of the Risk Analysis and Operational Control Directorate have the right to access the complete documentation concerning the respective procurement contained in the PPLS Directorate, the specialized units and the CIRTNENS.

   Art. 61. (1) The Risk Analysis and Operational Control Directorate keeps and maintains a register of inspections performed by the control authorities under the Public Procurement Act related to the award of public procurement by RIA, including Managing Authority, OLAF, Audit of European Union Funds, and stores all documentation on inspections.

(2) When performing the inspections under para. 1, the Risk Analysis and Operational Control Directorate coordinates and controls the entire audit process.

   Art. 62. The Internal Audit Directorate performs audit engagements to provide assurance in order to provide an independent opinion or conclusion on the procurement system, documentation for a specific public procurement, as well as for draft documentation, specific procedure, specific action or other object of the audit in connection with the award of public procurement by RIA.

ADDITIONAL PROVISIONS

§.1. The following abbreviations are used in the internal rules:

RIA - Road Infrastructure Agency;

MB - Management Board;

CA - Central Administration;

RRA - Regional Road Administration;

DCM - Decree of the Council of Ministers;

SG - State Gazette;

EU - European Union;

PPA - Public Procurement Act;

PPLS - Public Procurement and Legal Services Directorate;

OPPP - Organization of public procurement procedures Department;

PPCPP - Procedural Representation and Control of Public Procurement Department;

LS - Legal Services Department;

PPAR - Public Procurement Planning, Analysis and Register Department;

IAD - Internal Audit Directorate;

ASCD - Administrative Services and Coordination Directorate;

BFPPD - Budget, Finance and Project Payments Directorate;

RAOCD - Risk Analysis and Operational Control Directorate;

IPOPTCFD - Implementation of projects under the Operational Programme Transport and Cohesion Fund Directorate

IPOPRDEUTCPD - Implementation of projects under OP Regional Development and EU territorial cooperation programmes Directorate

TRANSITIONAL AND FINAL PROVISIONS

§.1. All draft documents prepared, with the exception of those already sent to the Public Procurement Agency, the State Gazette and the Official Journal of the EU, shall be revised in accordance with the provisions of these internal rules.

§.2. The internal rules may be amended, supplemented and revoked only by a decision of the Management Board of RIA.

§.3. These rules come into force from the date of their approval by a decision of the Management Board of RIA

§ 4. For certain actions, described in the present internal rules, the contracting authority by order may determine specific persons and responsibilities from the respective directorates in the CA of RIA.

§ 5. Wherever in these rules it is stated that certain information is sent by e-mail, the printout of the letter sent shall be attached as evidence to the file of the procedure.

§ 6. The present rules are prepared on the grounds of Art. 86 of the Public Procurement Act.

AGREED:

Iv. Ivanov, signed-ill.

Director of the Public Procurement and Legal Services Directorate

PREPARED BY:

Dilyana Stefanova, signed-ill.

Head of the Procedural Representation and Control of Public Procurement Department, Public Procurement and Legal Services Directorate

Yasen Lukanov, signed-ill.

Head of the Public Procurement Planning, Analysis and Register Department, Public Procurement and Legal Services Directorate

Bl. Yordanov, signed-ill.

Head of the Organization of public procurement procedures Department, Public Procurement and Legal Services Directorate

Annex 1

List of documents contained in the files of the procurement procedures:

1. Inventory of the documents contained in the file.
2. Participation documentation containing:

• decision to initiate a public procurement procedure;
• the notice (or invitation) for the public procurement;
• the full description of the object of the procurement, including the lots;
• technical specifications or investment projects, where the public procurement is for construction;
• the minimum requirements to be met by the options and the special requirements for their presentation, where the contracting authority allows options;
• investment projects, when required by the public procurement for construction;
• the indicators, their relative weight and the methodology for determining the complex evaluation of the offer, when the evaluation criterion is the most economically advantageous offer;
• sample of the offer, as well as instructions for its preparation;
• draft contract.

3. Information on the public procurement, prepared in accordance with the provisions of the Public Procurement Act and the Ordinance on the award of small public procurements, incl. advance notice and announcement to the Public Procurement Agency and the State Gazette, the EU's official journal with cover letters.
4. Invitation (by agreement).
5. Inquiries of the persons who have purchased documentation, including explanations on them.
6. List of persons who have purchased documentation.
7. List (incoming register) of the participants who submitted offers.
8. Offers for participation in the open procedure.
9. Official notes for acceptance of offers.
10. Order for appointment of a commission for examination and evaluation and ranking of the proposals.
11. Statements by committee members, consultants and observers.
12. Tables with the names and signatures of the participants, present at the opening of the offers and the price offers.
13. Notification letters to the participants for opening the price offers.
14. Letters to the participants to present additional evidence and the answers of the participants (if applicable).
15. Minutes of the work of the commission.
16. Decision for the ranked participants or for termination of the public procurement procedure.
17. Notification letters to the participants and to the Public Procurement Agency, Managing Authorities.
18. Contract (copy) with attached documents.
19. Document for returned guarantees for participation.
20. Handover protocols.
21. Correspondence to the participants, to the Public Procurement Agency and to the State Gazette, and respectively to the Official Journal of the EU.
22. Notes and other documents relating to the specific procedure, including copies of the minutes of the Management Board relating to the procedure in question.
23. Checklists.
24. Copy of the documentation on appeal of the act of the assignor for the respective procedure

Annex No 2

APPLICATION

for the needs for supply of goods, services and construction for a period of 12 months, starting from January 1, 20…

of……………………………………………………………………………………………

ANNEX No 3

SECTION I. SUBJECT OF THE PROCUREMENT

SECTION III. Reasons for the determined selection criteria (Art. 20a, para. 1, item 4 of the Public Procurement Act)

Reasons for each set criterion are presented separately

SECTION IV. CRITERIA FOR EVALUATION OF THE OFFERS