Internal rules of RIA for management of the public procurements cycle

Art.6. (1) During the period from 1 October to 1 November of the current year, each directorate in the CA of RIA shall declare its needs for the supply of goods, services or works which will be awarded during the next year.

2. The request for the needs shall be made by completing application form in accordance with Annex 1 to the present Rules. Reasons for the submitted proposals must be given with the application.
3. The application must contain:

1. the object of the public procurement;
2. the subject-matter of the public procurement and, in the case of construction procedures, the type of construction or repair;
3. total estimated value in BGN exclusive of VAT, determined in accordance with the rules of the PPA, and justification of the indicated estimated value;
4. justification of the need to carry out the procedure for the award of the specific public procurement;
5. the source of financing;
6. if there are conditions to conduct procedure for negotiations without prior notice, negotiations without publication of notice, direct negotiation or collection of offers with invitation to certain persons under PPA, evidence related to the choice of the type of procedure and the persons to whom invitations for participation to be sent;
7. contact person to provide additional information if necessary.

4. The applications shall be summarised within the relevant structural unit/directorate, signed by its manager, coordinated with the Director of the Budget, Finance and Project Payments Directorate and deposited for summarisation in the Procurement and Legal Services Directorate within the time limit under paragraph 1.
5. The applications of the specialised units of the Agency shall be summarized at the level of the relevant Directorate.

Art. 7. (1) If it is necessary to award public procurement off-schedule where the grounds for the procedure could have not been foreseen or in cases of change in the needs of the applicants within the budget year or change in priorities or change in the available financial resources, the contracting authority may authorise the opening and conduct of procedure for award of public procurement under PPA which is not included in the schedule, if there is possible financial support, in agreement with the Budget, Finance and Project Payments Directorate.

2. In the cases under par. 1, in addition to the information from this paragraph, the relevant directorate or specialised unit shall, in the report to the Management Board of the RIA, state the reasons for the necessity of the  public procurement.
3. The Directorates in the Central Administration of the RIA shall ensure strict compliance with the Plan-schedule of the public procurements and shall not allow the separation of the public procurements if they are amended by the specialised units of the Agency, in accordance with the scope of the respective activity carried out by the specialized units.

Art.8. (1) The Department of Planning, Analysis and Register of Public Procurement in the Directorate of Procurement and Legal Services shall keep register of the procedures carried out for the award of public procurements in the CA of the RIA and shall prepare notices for preliminary information on the planned public procurements for which the necessary data have been submitted by 15 March of the current year, in accordance with Annex 1 to these Rules.

2. The Director of the Directorate of Procurement and Legal Services shall, by report, submit the list of notices for preliminary information for approval by the Management Board of RIA.
3. Not later than 31 March of the current year, the head of the Department of Planning, analysis and register of public procurement in the Directorate of Public procurements and legal services shall arrange for the approved prior notices to be sent to the Official Journal of the European Union, where applicable, and to the Public Procurement Agency for entry in the Public Procurement sRegister.
4. The notices shall be sent for publication to the Public Procurement Agency and to the Publications Office of the European Union through the Public Procurement Agency in cases where the procurements are of value referred to in Art. 20, par. 1 of the Public Procurement Act.
5. Prior notices shall be published in the Buyer's Profile of the RIA.

CHAPTER THREE. PREPARATION AND CONDUCT OF PROCEDURES FOR THE AWARD OF PUBLIC PROCUREMENTS

SECTION I. PARTICIPANTS

Art.9, (1) The Management Board of RIA shall take decision on the award of public procurements for the design, construction, repair and maintenance of national roads, as well as for project management, scientific-applied research and consultancy related to road management. The Chairman of the Management Board of RIA shall organise and implement the decisions of the Management Board.

2. The Management Board of RIA may, by its decision in each individual case, delegate its powers to organise and/or award public procurements to:

1. the chairperson of the Management Board of RIA;
2. Member of the Management Board;
3. Directors of the specialized units of the Agency and Institute of Roads and Bridges.

3. he officials authorized under par. 2 shall organize the award and execution of the respective public procurements in accordance with these Rules, and shall coordinate, in relation to the order of award, this order necessarily with the department responsible for the activity and the Directorate of Procurement and Legal Services in the Central Administration of RIA in order not to allow the separation of the public procurements when authorized persons award them.
4. The contracting authority shall take decision on the award of public procurement on the basis of reasoned report on the necessity of its award, prepared by the Director of the relevant directorate/specialised unit responsible for the procurement, including in the cases of procedures concerning the specialised units of the Agency and the Institute of Roads and Bridges. The report shall also indicate the subject matter of the contract, the estimated value of the contract, including of the individual lots, determined in accordance with the statutory manner and methods for analysing information on market prices, taking into account the current economic situation, including inflation and other price indicators, the terms and conditions for its implementation, the source of financing of the contract, the type of procedure or of award. The report shall be accompanied by evidence of the way in which the estimated value was calculated in accordance with Art. 21 of the Public Procurement Act.
5. After the approval under par. 4, the Secretariat of the Management Board shall submit to the applicant directorate and the Directorate of Public procurement and legal services copy of the decision of the Management Board of RIA for information and implementation.
6. On the date of the decision to initiate procedure or of the publication of notice or authorisation under par. 2, the contracting authority shall summarise all identical or similar needs known to it with view to the correct determination of the order for their award.

SECTION II. CONDITIONS FOR THE AWARD OF PUBLIC PROCUREMENTS

Art. 10. (1) The applicants specified in the Plan-schedule, shall prepare Technical Specification for each procurement, which will be carried out in accordance with the order laid down in the Public Procurement Act (procedure or collection of tenders by notice or invitation) in the form set out in Annex 2 to the present Rules.

2. The technical specification shall be submitted to the Directorate of Public procurements and legal services after the decision of the contracting authority to carry out the procurement under Art. 9, par. 4 and shall contain:

a)  full description of the subject-matter and scope of the procurement, including of the individual lots, and in cases where it is possible to divide the procurement into individual lots, but such division is not proposed, to state the reasons therefor.

(b) the technical specifications in compliance with PPA and specific requirements for potential contractors and the performance of the public procurement, and, where the subject of the contract is construction, the bill of quantities to be attached;

c)    copy of the investment project, if the subject of the procurement is construction;

d)  the criteria for the award of the tenders and the indicators included in the selected criterion, the reasons for the selection of the said indicators, their relative weighting in the determination of the overall assessment, the methodology for the evaluation of each indicator and for determining the complex evaluation of the tenders;

e)  proposal about the possibilities for the submission of variants in tenders, as well as the minimum requirements to be met by these variants and the specific requirements for their submission where it is proposed to admit them;

f)   the requirements concerning the personal status of the candidates or participants under Art. 55, par. 1 of the Public Procurement Act, as well as the selection criteria relating to the suitability (legal capacity) to exercise professional activity, the economic and financial situation, the evidence of their technical capabilities and/or qualifications, and indication of the documents used to prove them;

g)  the conditions for the execution of the procurement: time, manner and place of execution of the procurement; minimum guarantee periods and guarantee/non-guarantee service requirements, if any; the amount of the performance guarantee offered; the guarantee for the funds advanced, if applicable; the conditions and method of payment;

h)  the estimated value of the contract, including the individual lots, in accordance with the statutory ways and methods for analysing information on market prices, taking into account the current economic situation, including inflation and other pricing indicators, evidence of how the estimated value was calculated;

i)   the information set out in the form in Annex 2 to the present Rules and any other information that the applicant considers relevant to the conduct of the competition.

3. In case of complex public procurements for which the Directorate or the specialised unit-applicant does not have the necessary expert capacity and special knowledge for the preparation of technical specification, the applicant shall inform the Management Board of RIA by report for the engagement of external expert(s) with the relevant education and necessary qualifications. Following a positive resolution by the Management Board of RIA, the applicant shall submit to the Directorate of Procurement and Legal Services the necessary data for the preparation of draft contract with the selected external expert, which shall include the tasks to be performed by the external expert. The work of the external expert shall be accepted by the applicant and the Management Board of RIA. In these cases, details of the external expert and the result of his work shall be published in the Buyer Profile.
4. In the case of public procurement of complex subject matter, whether included in the schedule for conducting public procurements or included in it with amendment, working group may be appointed by order for the preparation of the Technical Specification of the public procurement, including employees of the contracting authority and/or external experts selected in accordance with the preceding paragraph. Where possible, the circumstances referred to in this subparagraph shall also be provided for in Plan-schedule for public procurements.
5. The technical specifications shall be submitted on paper and by e-mail to the head of the department Organization of the Procedures for award of Public Procurements, after they have been drawn up and signed by the applicant and the persons who prepared them.
6. Where the department Organization of the Procedures for award of Public Procurements considers that the submitted technical specification contains unlawful or insufficiently reasoned requirements, or it is incomplete, vague or inaccurate, the department shall, within 5 working days, return the specification in writing to the applicant for correction and amendment with a view to the lawful award of the procurement under the applicable procedure.
7. The amended Technical specification shall be submitted within 5 working days of receipt of the letter referred to in the preceding paragraph and, in the case of public procurement of exceptional complexity and specificity, within 10 working days.

Art. 11 . (1) During preparation for the award of public procurement, it is possible to hold market consultations and to seek advice from independent experts or bodies or market participants.

(2) The applicant shall notify the Management Board of RIA for the intention to perform market consultations with report, in which to indicate the proposed by him way of performing market consultations, the time for performing them and their content.

(3) Upon approval, the applicant shall perform the market consultations, and immediately after receiving the results of the consultations, shall submit them to the Directorate of Procurement and Legal Services, in order to comply with the provisions of Art. 44, par. 3 of the Public Procurement Act.

Art. 12. After presenting the documents under Art. 9, para. 5 and Art. 10 in the Directorate of Procurement and Legal Services, the same shall be resolved by the head of the department Organization of the Procedures for award of Public Procurements, who shall distribute them to employee of the department for undertaking subsequent actions for preparation and completion of the documentation for the public procurement.

Art.13. (1) The decision to open procedure for awarding public procurement, the announcement of the public procurement shall be accompanied by the documentation on the procedure for awarding public procurement, which shall contain:

1. technical specifications;
2. investment and other projects, when required for the preparation of the offer;
3. criterion for awarding the tenders and indicators included in the selected criterion, their relative weight in determining the complex evaluation, methodology for determining the evaluation of each indicator and determining the complex evaluation of the tenders, where applicable;

5. templates of the document, as well as instructions for their preparation;
6. draft contract;
7. the minimum requirements to be met by the variants and the special requirements for their presentation when the contracting authority allows variants;
8. instructions for completion of offer by the participants and the conditions for validity of the same procedure for awarding public procurement

(2)   The documentation for procedures for negotiation without prior notice, negotiation without publication of  procurement notice and direct negotiation contains:

1. decision to open procedure for awarding public procurement;
2. invitation for participation in the procedure, which shall contain:

2.1   subject of the procurement, including quantity and /or volume and description of the individual lots, if any;

2.2  requirements of the contracting authority for execution of the procurement;

2.3  the criterion for awarding the contract and, where applicable, the indicators for complex evaluation with their relative weight, and when this is objectively impossible, in descending order of importance, as well as the methodology for complex evaluation of the offers;

2.4 place and date for holding the negotiations;

2.5 other requirements at the discretion of the contracting authority.

(3)   Documentation prepared in the Central Administration of RIA is coordinated as follows:

-     by the Director of the Directorate of Procurement and Legal Services, including the managers of the the department Organization of the Procedures for award of Public Procurements and department Procedural Representation and Control of Public Procurements;

-   by the director of the directorate - applicant (at his discretion, the documentation is coordinated by another official in the directorate);

-     Directorate Risk Analysis and Operational Control (by issuing a checklist).

       (4)   Documentation prepared by specialized unit of the Agency shall be coordinated as follows:

-   lawyer and the director of the specialized unit (at his discretion, the documentation is coordinated by another official in the unit);

-     Directorate Risk Analysis and Operational Control (by issuing a checklist).

(5) The documentation shall be approved by the contracting authority or by the person to whom the relevant powers have been delegated, by the decision opening the procedure.

(6) When awarding public procurement by collection of offers or by invitation to certain persons, the invitations for participation are sent to the persons, determined by the contracting authority on the basis of objective criteria and reasoned report after proposal of the applicant to which persons to send the invitation. The file on the procedure for awarding the public procurement also contains all the documentation related to the method of research and selection of the persons to whom invitations are sent for participation in the procedure for awarding the public procurement.

Art.14. (1) When drawing up the documentation, all documents shall have written the name, surname, position, signature of the person who drafted the document and date (including if it is an external expert), as well as name, surname, position, signatures of the officials who coordinated the document and the date when the document is coordinated. The person responsible for coordinating the approval shall be the person who prepared the draft documentation.

(2) After coordination of the documentation, an employee of the department Planning, Analysis and Register of Public Procurement performs the actions necessary for control by the Public Procurement Agency;

1. 1. In case of control by random selection (after 01.09.2016):

1.1   Before opening procedure that is subject to control by random selection, data for it are entered in the System for random selection, which is accessible through the portal. The data is signed with electronic signature.

1.2 When, after three working days from the entry of the data, the procedure has not been selected for control, the contracting authority shall sign the decision to open procedure for awarding public procurement, the notice for the public procurement and the documentation and its opening shall be announced.

1.3 The contracting authority may announce the opening of procedure, regardless if the procedure has been selected for control, in the cases under Art. 232, par. 6 of the Public Procurement Act.

1.4, In case the procedure is selected for control, the following drafts shall be send simultaneously to Public Procurement Agency within the statutory term:

-    the decision to initiate the procedure;

-    the notice announcing the opening of the procedure;

-  the technical specifications, except in the cases when they are approved by the decision for acceptance of the invitation to confirm interest;

-    the methodology for assessment, where applicable.

1.5. After receiving the opinion from the Public Procurement Agency (PPA) assessing its content, final version of the decision to initiate the procedure is prepared and changes are made in the announcement and documentation, in case the opinion of the PPA contains recommendations for eliminating identified inconsistencies with the requirement of the PPL and the contracting authority decided to comply with the received recommendations. The amended documents go through the coordination procedure under Art. 13, par. 3 or 4 of the present rules.

1.6.    In case the recommendations in the opinion of the Public Procurement Agency are not complied with, simultaneously with sending the decision for opening and the notice announcing the opening for publication in Register for Public Procurement, written reasons should be sent.

1.7.   In case the executive director of the Public Procurement Agency issues order to appoint observers to monitor the work of the commission, the Public Procurement Agency should be notified of the place and the date when the commission will start work.

2.  In case of control over procedures for negotiation without prior notice:

2.1. to send the decision to initiate the procedure for publication and the evidence for the choice of procedure. Evidence shall be sent by e-mail with letter signed with electronic signature, indicating the batch number of the contracting authority and the number of the decision for opening.

2.2 to enter in the System for random selection data for the procedure, on the day when  the decision for its opening is sent for publication in the register - for procedures under Art. 233, par. 2, item 2 of the Public Procurement Act. The data is signed with electronic signature.

2.3 to send evidence for the circumstances specified in the decision for opening, if the procedure under Art. 233, para. 2, item 2 of the Public Procurement Act is selected for control. Evidence is sent by e-mail in a template form, signed with electronic signature, and the letter should contain the unique numberof the procurement. Sending evidence is not necessary if they are available through electronic, public, free register and the internet address where they are located is written in the decision to initiate the procedure.

Art.15. (1) The Department Planning, Analysis and Register of Public Procurement shall be responsible for:

1. sending the necessary information to the Register of the Public Procurement Agency and the "Official Journal" of the EU, in cases when it is necessary.
2. Publication of all legally required documents in the "Buyer's Profile".

(2)    By January 30 of the current year, the director of the Directorate of Procurement and Legal Services shall submit to the Management Board of RIA report on the public procurements awarded in the previous year, which shall contain information about:

1. The number of awarded public procurements
2. The presence and number of appeals against decisions, actions or omissions in connection with the procedures carried out under the Public Procurement Act;
3. Type and amount of contractual sanctions imposed in case of non-performance;
4. Suggestions for improving the process for awarding public procurements.

(3) The head of the Planning, Analysis and Register of Public Procurement Department organizes the preparation and sending of summarized information according to template, under Art. 230, par. 1, item 7 of the Public Procurement Act for all funds spent on public procurement of value according to Art. 20, par. 3, and 6 of the Public Procurement Act.

(4)The summarized information is prepared on the basis of reports provided by the directorates in RIA, by March 15 of the year following the reporting year, based on the amounts paid for procurementss under:

-    concluded contracts as result of the application of the procedure for collection of offers with notice or invitation

-    concluded written contracts for construction, awarded directly; 

-    concluded written contracts and /or invoices for supplies and services, awarded directly.

(5) The information under par. 3 shall be submitted to the Planning, Analysis and Register of Public Procurement Department to be sent to the Public Procurement Agency by 25 March.

(6) An official of the Planning, Analysis and Register of Public Procurement Department shall send by 31 March to the Public Procurement Agency the information under par. 2, signed by the contracting authority, after coordinating it with the Budget, Finance and Project Payments Directorate.

(7)The head of the department Organization of the Procedures for award of Public Procurements shall appoint an official, responsible for compliance with all legal deadlines and time limits under the present Rules for each individual procedure.

SECTION III. OPENING PROCEDURE FOR AWARDING PUBLIC PROCUREMENT

Art.16. (1) A procedure for awarding public procurement shall be opened by decision of the Contracting authority. It shall be prepared by an employee of the department Organization of the Procedures for award of Public Procurements and shall be coordinated in accordance with the procedure provided for coordination of the documentation.

(2)     After decision to open procedure for awarding public procurement is signed under the Public Procurement Act, an official appointed by the head of the Planning, Analysis and Register of Public Procurement Department is responsible for:

1. Sending for publication in the Official Journal of the EU the announcement for the public procurement, if there is a justification for this;
2. Sending the decision and the announcement of the public procureme to be entered in the Public Procurement Register.
3. Sending the documents necessary for control by the Public Procurement Agency (in cases of control over negotiation procedures)
4. Sending the invitation for participation in procedure of negotiation without prior announcement to the person or persons specified in the decision to initiate the procedure; 
5. The publication of all documents required by law in the buyer’s profile of RIA.

Art.17. (1) When within 10 days after the publication of the announcement in the Public Procurement Register written proposals are received from interested parties for amendments in the decision and / or the announcement of the public procurement, they shall be immediately addressed by resolution to the directorate-applicant and to the Directorate of Procurement and Legal Services for assessment of the proposed amendments.

(2)The directorate applicant with reasoned report shall express opinion to the Management Board of RIA, and in case of positive opinion about the need for  amendments in the terms of the procurement, an official of department Organization of the Procedures for award of Public Procurements shall prepare draft announcement for amendment or additional information and decision approving it, which will be signed by the Contracting Authority and send for publication in the Public Procurement Register and in the Official Journal of the EU, if there are grounds for that.

(3)The documents under par. 2, after their signing by the contracting authority, shall be published by the Planning, Analysis and Register of Public Procurement Department in the buyer’s profile of RIA, within the legally established terms.

(4) In addition to written proposals from interested parties, grounds for publishing announcement for amendments or additional information may be motivated proposals from officials as well as opinions of the Public Procurement Agency, which contain established inconsistencies with the requirements of the Public Procurement Act and recommendations for their removal.

(5) Depending on the type of award, the deadlines for amendments of already published documents related to the award of public procurement are in accordance with those specified in Art. 100 of the Public Procurement Act.

Art.18. (1) In the cases when written requests for clarifications on the decision, the announcement, the invitation for confirmation of interest, the public procurement documentation and the descriptive document are received within the statutory terms, the Directorate of Procurement and Legal Services together with the structural unit, which prepared the Technical Specification, and respectively announced the public procurement, shall prepare draft written answer on behalf of the contracting authority. The explanation shall be agreed in accordance with the procedure provided for the coordination of documentation and shall be signed by the contracting authority or by the designated person to whom these powers have been delegated.

(2) Clarifications are provided by publishing information on the buyer's profile in the statutory terms from official of department department Organization of the Procedures for award of Public Procurements and from the department Planning, Analysis and Register of Public Procurement.

(3) The contracting authority shall not provide clarifications if the request is received after the deadline specified in the Public Procurement Act.

SECTION IV. SUBMISSION AND ACCEPTANCE OF APPLICATIONS 
FOR PARTICIPATION AND TENDERS ON PAPER

Art.19. (1) The documents related to the participation in the procedure shall be submitted by the candidate / participant or by his authorized representative in person or by post or other courier service with registered mail with return receipt, at the address indicated by the contracting authority.

(2) The documents under par. 1 shall be presented in a sealed opaque package, on which there will be information about:

1 the name of the candidate / participant, including the participants in association, where applicable;

2. address for correspondence, telephone and, if possible, fax and e-mail;

3. the name of the procurement and, where applicable, the individual lots for which the documents are submitted.

(3) Where templates are presented which must be packaged separately, they must be marked in such way as to indicate who presents them and, where applicable, to which lot they relate.

(4) The deadline for submission of offers is indicated in the documentation for participation in the procedure. When the last day of the term is non-attendance day, the term expires on the first following attendance day.

Art. 20. (1) The offers / applications are accepted by the Department of Administrative Services and Social Activities at the Director of the Directorate of Administrative Services and Coordination in the Central Administration of the RIA within the deadline for the relevant procurement until the end of the working hours of RIA at 17.30. The deadlines for receipt of offers/applications by the Agency's specialised units shall also be set in accordance with the working hours of RIA.

(2)  the serial number, date and time of receipt are noted on the package upon receipt of the application for participation or the offer, for which a document is issued to the person presenting it.

(3)    Applications for participation or tenders that are submitted after the deadline, or which are in unsealed or damaged packaging shall not be accepted.

               Art.21. (1) The offers or applications for participation in public procurements, received in the Department of Administrative Services and Social Activities, are written in register, kept by the contracting authority according to template - Appendix № 4 to the present rules, in which shall be noted:

1. 1. sender of the offer or the application for participation;
2. number, date and time of receipt;
3. the reasons for returning the application for participation or the offer, where applicable.

(2) If, at the time of expiry of the time limit for receipt of applications for participation or tenders, there are still persons waiting in front of the place designated for their submission, they shall be included in list signed by official from Department of Administrative Services and Social Activities as representative of the contracting authority and the persons present there, who shall submit applications/tenders for participation. The applications for participation or the tenders, submitted by the persons from the list shall be entered in the register under par. 1 and shall be considered submitted in time.

(3) In the cases under par. 2, applications for participation or tenders, submitted by persons who are not included in the list shall not be accepted.

(4) The received applications for participation or tenders shall be handed over to the chairperson of the commission, for which for which minutes shall be drawn up containing the information referred to in par. 1. The minutes shall be signed by the person, who handed it over – official from the Department of Administrative Services and Social Activities and by the chairperson of the commission. The minutes shall be accompanied by a copy of the register referred to in paragraph 1.

Art.22. Until the deadline for submission of tenders or applications, each tenderer may amend, supplement or withdraw his application / tender.

Art.23. Where no tenders or applications have been received within the time limit set for the submission of tenders or applications, or where only one tender or application has been received, the head of the department of Registry and Records shall immediately notify the head of the department of Organization of the Public Procurements Award Procedure. After coordination with the director of the Directorate of Procurement and Legal Services the following shall be proposed:

1 Extension of the time limit for submission of tenders or application for participation through decision and announcement for extension of the time limit for submission of bids;

1. 2. Termination of the procedure;
   3. Appointment of commission to conduct the procedure - in case of one received offer or application for participation.

Art.24. The proposal is set out in report to the Management Board of RIA, and depending on its evaluation, official of the department of Organization of the Public Procurements Award Procedure shall prepare draft of the document and submits it for signing by the contracting authority.

SECTION V. COMMISSION TO CONDUCT THE PROCEDURE

Art.25. (1) After the time limit for receipt of applications for participation or tenders expire, the contracting authority shall appoint a commission with order. The order is prepared by the department Organization of the Public Procurements Award Procedure and coordinated by the heads of the department Organization of the Public Procurements Award Procedure and department Procedural Representation and Control of Public Procurements, the director of the Directorate of Procurement and Legal Services, the director of the applicant directorate and the Directorate Risk Analysis and Operational Control (by issuing a checklist). The order specifies:

1. the names of the members and the person appointed as chairperson;

2. the time limits for performing the work;

3. place of storage of the documents related to the public procurement until the completion of the work of the commission.

(2)   External persons may also be members of the commission.

(3) In the cases referred to in par. 2, the contracting authority shall conclude written contract with each of the persons, attracted as chairperson or members of the commission. For this purpose, the applicant shall inform the Management Board of RIA with report, which shall include proposal to attract external expert/ s with the relevant education and the necessary qualifications. After positive decision of the Management Board of RIA, draft contract with the selected external expert shall be prepared by official designated by the head of the Department of Organization of the Public Procurements Award Procedure, which shall include the data provided by the applicant directorate and the tasks to be performed by the external expert.

(4)   The chairperson of the commission under par. 1 shall:

1. convene the meetings of the commission and determines the schedule for the work;

2. inform the contracting authority about all circumstances that hinder the implementation of the set tasks within the specified time limits;

3. be responsible for the proper storage of documents until their submission for archiving;

4. make proposals for replacement of members of the commission in case of established impossibility of any of them to perform their duties;

5. sign the correspondence with the candidates and the participants in the procedure on the basis of the decisions of the commission, reflected in the drawn up minutes of its work.

6. have all the powers of member of the commission.

(5)   The members of the commission shall:

1. participate in the meetings of the commission;

2. personally examine the documents, participate in decision-making and evaluate the tenders;

3. sign all minutes and reports of the work of the commission.

(6) The Commission shall consist of an odd number of members and reserve members. The decisions of the commission shall be taken by simple majority of all members of the commission.

(7) When a member of the commission disagrees with the decisions and proposals of the commission, he signs the relevant documents with dissenting opinion. The dissenting opinion shall be substantiated in writing, as the reasons shall be integral part of the minutes / report of the commission.

(8) The members of the commission shall submit to the contracting authority declaration regarding the circumstances under Art.103, par. 2 of the Public Procurement Act after receiving the list of candidates or tenderers and at each stage of the procedure, when there is change in the declared data.

(9)   Each member of the commission referred to in par. 1 shall be obliged to withdraw when:

1.  he is unable to perform his duties for objective reasons;

2. a conflict of interest has arisen.

(10) The contracting authority is obliged to remove a member of the commission for whom he finds that there are conflicting interests with candidate or tenderer.

О                                                (11) In the cases under par. 9 and 10, the contracting authority shall appoint new member by order, in case the original appointments cannot be replaced by reserve member.

(12)   The members of the commission are obliged to keep secret the circumstances they have learned in connection with their work in the commission.

(13) In the cases under par. 10 the actions of the removed member, related to the examination of the applications for participation and / or the offers and to the evaluation of the proposals of the participants, after the occurrence of the established circumstances shall not be taken into account and shall be performed by the new member.

Art.26. (1) The Commission and each of its members shall be independent in expressing opinions and taking decisions, and they shall be guided in their actions only by the law.

(2) Each member of the commission is obliged immediately to report to the contracting authority the cases in which he is under pressure to take an unregulated decision in favor of a candidate or participant.

SECTION VI. COMPLETION OF THE PROCEDURE

Article 27 (1) The actions of the commission shall be recorded, as the results of its work shall be reflected in minute/ s and in report, which shall be signed by all members of the commission.

(2) The Commission shall draw up report on the results of its work, containing:

1. composition of the commission, incl. the changes that have occurred in the course of the work of the commission;

2. number and date of the order for appointment of the commission, as well as the orders, which change its terms, tasks and composition;

3. a brief description of the work process;

4. the candidates or participants in the procedure;

5. actions related to the opening, examination and evaluation of each of the tenders, application for participation and the conducted negotiations, where applicable;

6. ranking of participants, where applicable;

7. proposal to remove the candidate or participants, where applicable;

8. the reasons for admitting or removing any candidate or participant;

9. proposal to conclude contract with the first ranked participant or to terminate the procedure with the relevant legal basis, where applicable;

10.  description of submitted templates and / or photographs, where applicable.

(3)   Attached to the report are all documents prepared in the course of the commission's work, such as minutes, evaluation tables, reasons for dissenting opinions, etc.

(4)   The report of the commission shall be signed by all members and submitted to the contracting authority together with all documentation, including the submitted templates and/ or photographs.

(5)    A copy of the report is also provided to the observers of Public Procurement Agency when they have participated in the work of the commission.

(6)   The report is submitted to the contracting authority for approval/ return, and it should be approved/ returned within 10 days after receipt. The report shall indicate the date of receipt and the date of approval/ return of the report by the contracting authority. Attached to the report are all documents prepared in the course of the work of the commission, such as minutes, evaluation tables, reasons for dissenting opinions, templates and/ or photographs, etc.

(7)   Upon return of the report with written instructions from the contracting authority, the commission shall submit new report containing the results of the review of its work.

(8)   Within 10 days after the approval of the report, the contracting authority shall issue decision to appoint contractor or to terminate the procedure.

Art.28. (1) The draft decision shall be prepared by official appointed by the head of the department of Organization of the public procurements award Procedure and coordinated by the heads of the Department of Organization of the public procurements award procedure and Department of Procedural representation and control of public procurements, the director of the Directorate of Procurement and Legal Services, the director of the applicant directorate and the Directorate Risk Analysis and Operational Control (by issuing a checklist).

(2)   The decision shall contain the details specified in Art. 22, para. 5 of the Public Procurement Act and other applicable provisions.

(3) The decision is sent to the candidates/ participants within 3 days of its issuance by official, designated by the head of the department Organization of the Public Procurements Award Procedure:

1. to address indicated by the candidate or participant:

(a) by e- mail, as the message to be sent shall be signed with an electronic signature,

or

b) by postal or other courier service by registered mail with receipt for delivery;

2. by fax.

(4)  The method chosen by the contracting authority must allow verification of the date of receipt of the decision.

(5)  When the decision has not been received by the candidate or the participant in any of the ways specified in par. 3, official of the Department of Planning, analysis and register of public procurements shall publish message to him in the buyer’s profile. The decision shall be deemed to have been served from the date of publication of the message.

Art.29. (1) In the cases and terms, specified in the Public Procurement Act, official of Department of Planning, analysis and register of public procurements shall send the respective documents for entry in the Public Procurements Register and/or Official Journal of EU.

SECTION VII. APPEALS

Art.30. (1) Complaints, filed against decisions, actions and inactions of the contracting authority shall be registered in the Department of Administrative services and social activities. After their registration, they are handed over immediately to the director of the Directorate of Public procurements and legal services, who with resolutions directs them to the head of the Department of Procedural representation and control of public procurements.

(2)  The head of the Department of Procedural representation and control of public procurements shall prepare report from the director of the Directorate of Public procurements and legal services, which immediately notifies the contracting authority of the received complaints, the reasons and possible consequences for the contracting authority of the appeal of the specific public procurement, as well as the actions taken.

(3)  The Department of Procedural representation and control of public procurements completes the necessary documentation in connection with the submitted complaint for sending to the competent authority, and if necessary has the right to request  opinion from the applicant directorate, which prepared the Technical Specification for the contract, and from the chairperson of the commission, which conducted the procedure.

(4)  Officials of the Directorate of Public procurements and legal services, who has legal education, may participate in proceedings initiated on the basis of files of the Commission for Protection of Competition (CPC) and/ or the Supreme Administrative Court (SAC), and may prepare reasoned opinion on the merits of the complaint against the decision of  the contracting authority and may carry out legal representation.

(5) After the completion of the cases with effective decision official, designated by the head of the Department of Procedural representation and control of public procurements, shall prepare report for the director of Directorate of Public procurements and legal services, which shall notify the contracting authority of the outcome of the case and shall attach all court acts in the public procurement file.

CHAPTER FOUR. CONTRACT FOR PUBLIC 

PROCUREMENT

SECTION I. CONCLUSION OF CONTRACT

Art. 31 (1) After the entry into force of the decision for selection of contractor, letter shall be sent to the participant designated as contractor, to invite him to conclude contract and indicating the documents to be submitted by him and proposal for arrangement the date and manner of concluding the contract.

(2) The letter shall be sent by an employee of the Department of Organization of the public procurements award procedure to the electronic mail, indicated by the participant, with electronic signature, by post with letter with receipt for delivery or by fax.

Art.32. Official of the Department of Organization of the public procurements award procedure shall prepare draft public procurement contract, which corresponds to the draft contract attached to the public procurement documentation and includes all proposals from the tender of the participantr, on the basis of which he is appointed as contractor. Changes in the draft contract are allowed as exception, after decision of the contracting authority based on reasoned report of the Directorate of Public procurements and legal services and the directorate responsible for the site, when the conditions of the Public Procurement Act are met and there are circumstances, arising during or after the procedure.

Art. 33. (1) Upon signing the contract, the contractor shall submit all required documents under the Public Procurement Act, except for those that have already been provided to the contracting authority or are known to him, or can be provided through direct and free access to national databases.

(2)    In the event that the document that can be provided through direct and free access to the Member States' national databases show that the selected contractor does not meet the conditions for concluding the contract, the contracting authority shall notify the contractor and give him appropriate time to submit the necessary documents.

(3)  In case the participant appointed as contractor does not present the necessary documents or does not prove that there are no grounds for his removal from the procedure, or refuses to conclude contract, the head of Department of Organization of the public procurements award procedure prepares draft report from Directorate of Public procurements and legal services to the contracting authority, proposing conclusion of contract with the second ranked participant on the basis of Art. 112, par. 3 of the Public Procurement Act or to terminate the procedure. The report shall be agreed by the director of the applicant directorate.

          (4)  Depending on the resolution of the contracting authority,  official of the Department of Organization of the public procurements award procedure preparesa draft of the relevant decision, which is approved by the heads of the Department of Organization of the public procurements award procedure and Department of Procedural representation and control of public procurements, by director of the Directorate of Public procurements and legal services, by director of the applicant directorate and Directorate of Risk analysis and operational control  (by issuing checklist).

Art.34. (1) Official of the Department of Organization of the public procurements award procedure shall organize the coordination and signing of the draft contract by the contracting authority and the participant, designated to be contractor.

(2)  The prepared draft contract is submitted for approval to the heads of Department of Organization of the public procurements award procedure and Department of Procedural representation and control of public procurements, director of Directorate of Public procurements and legal services, director of the applicant directorate and Directorate of Risk analysis and operational control, director Directorate of Budget, finance and project payments (including by issuing a checklist for financial commitment), director of Directorate of Risk analysis and operational control (including by issuing checklist), financial controller (by issuing a checklist before committing) and signed by the chief accountant.

(3)  After the signing of the contract by the contracting authority, official of the Department of Organization of the public procurements award procedure shall organize its signing by the contractor and shall be responsible for providing one copy of the signed contract to the contractor.

Art.35. (1) The copy of the public procurement contract, signed by the contracting authority, and the performance guarantee attached to it shall be kept by the information security official and the hand over shall be carried out in accordance with the established procedure in the RIA.

(2) Official of the Department of Organization of the public procurements award procedure shall perform the following actions after the conclusion of the public procurement contract:

1. Provides the applicant directorate with copies of the contract and the document for deposited/ presented bank performance guarantee / insurance policy, which ensures the performance by covering the contractor's liability;

2. Attaches copy of the contract and copy of the document for deposited/ presented bank performance guarantee / insurance policy, which ensures the implementation by covering the responsibility of the contractor, as well as the original of the contractor's tender and copy of the documents submitted at the conclusion of the contract by the competent authorities in the file of the public procurement.

3. Submits the public procurement file to the Department of Planning, analysis and register of public procurements, for entering the contracts in the register, preparing a contract notice, sending for entry in the Public Procurement Register in the statutory time limit, as well as to the Official Journal of the EU, if there are grounds for this and publishing in the buyer’s profile scanned copy of the public procurement contract and the attachments thereto.

4. After performing the actions under the previous items, official appointed by the head of the Department of Planning, analysis and register of public procurements shall submit the file of the public procurement to the applicant directorate with a protocol within the terms under the Public Procurement Act.

(2) When the contract is concluded by specialized unit of the agency, the director of the unit shall provide in writing the original of the concluded contract and copy of the documents submitted by the contractor to the security of information official for storage.

Art.36. The procedure for concluding public procurement contract specified in this section shall apply, regardless of the type of public procurement award, determined according to the value thresholds under Art. 20 of the Public Procurement Act.

SECTION II. EXECUTION OF CONTRACT

Art.37. The execution of all concluded contracts, regardless of the procedure applied under the Public Procurement Act for the selection of the contractor, shall be controlled in accordance with the procedure and in the manner set out in the present Rules, the Road Act and the Regulations on the structure, operation and organisation of work of the Road Infrastructure Agency.

Art.38. Payment under public procurement award contract shall be made within the agreed time limits after verification of the documents certifying its execution and in accordance with the procedure established by the RIA.

Art.39. (1) When in the course of execution of a public procurement contract concluded after application of the procedure, specified in the Public Procurement Act, circumstances occur which allow its amendment, the official appointed by the director of the directorate applicant to exercise control on the execution of the contract,  shall, if necessary, notify the Directorate of Public procurements and legal services in writing.

(2)  The Directorate of Public procurements and legal services shall express opinion on the legality of the amendment of the contract and provides it to the contracting authority.

(3)  In case of positive opinion of the contracting authority, the official appointed and responsible for the respective contract by the respective directorate shall prepare draft of additional agreement and shall organize actions for its coordination. The draft additional agreement to the public procurement contract shall be agreed in accordance with the procedure provided for the draft public procurement contracts, and the Directorate of Risk analysis and operational control shall issue checklist on the basis of the performed preliminary control for legality of the agreement.

(4)  Scanned copy of the signed additional agreement is published in the buyer’s profile on RIA website by official of employee in the Department of Planning, analysis and register of public procurements.

(5)  In the cases and terms provided by the Public Procurement Act, official of the Department of Planning, analysis and register of public procurements shall publish announcement for amendment of public procurement contract.

(6)  In the cases when Public Procurement Agency exercised preliminary control over amendments to public procurement contract, official of Department of Planning, analysis and register of public procurements sends all the documents for opinion and additional agreement is not concluded before receiving an opinion on its legality.

(7)  The concluded agreements to the public procurement contract shall be handed over by the Directorate of Public procurements and legal services to the appointed by order official of the responsible directorate, who supervises the execution of the contract to which the agreement is concluded. The supervising official is responsible for handing over the agreement to the information security official and for storage of copy of the agreement in the file er of the public procurement contract.

SECTION III. TERMINATION OF CONTRACT

Art.40. (1) Upon termination of the execution of  public procurement award contract, the person exercising control over the contract shall submit within 10 days of the last payment of the contract report, containing the grounds for termination of the contract, proposal for releasing the performance guarantee, in the cases when such is provided, reference for the paid amounts by the contract and the date of the last payment. The report is signed by the director of the directorate applicant and is submitted for approval to the Management Board of RIA and for the signing of contract termination notice, which is prepared by official of Department of Planning, analysis and register of public procurements.

(2) The person who exercises control over the contract shall send by e-mail to the Department of Planning, analysis and register of public procurements report on the amounts paid under the contract. The reference contains information about the number and subject of the contract, date of acceptance/ delivery protocols, if any, date and number of the invoice submitted by the contractor, date and amount of the payment.

(3)The Department of Planning, analysis and register of public procurements sends within the statutory period announcement for termination of the contract, based on the report, to the Public Procurement Agency to be entered in the Public Procurement Register and published it in the buyer's profile.

Art.41. (1) After termination of the public procurement contract and in the absence of grounds for utilization of the performance guarantee, the same shall be released / returned by the contracting authority through Directorate of Budget, finance and project payments for the sums of money and by the responsible directorate and the information security official in the other cases, by procedure depending on its form - money or bank guarantee / insurance policy after presentation of report by the director of the directorate responsible for the contract.

(2)The report is prepared on the basis of the documents under Art. 40, par. 1 of the rules and after resolution of official of the the contracting authority responsible for the execution of the contract, the report shall be attached to the file of the public procurement for storage together with a copy of the sent notice under Art. 40, par. 3.

(3)The guarantee is considered released after positive resolution of the contracting authority - in the case of bank depository / insurance policy, respectively payment order - in case of guarantee in the form of cash sum.

(4) In the cases of presented guarantee for funds provided in advance, upon return the procedure shall be analogous to the one indicated in para. 1-3 ed.

CHAPTER FIVE. CONTROL

SECTION I. CONTROL OF PUBLIC PROCUREMENT AWARD ACTIVITIES

Art.42. (1) Management and control over the cycle of public procurement management shall be carried out by the contracting authority or a person authorized by him, as well as by the Directorate of Risk analysis and operational control and the Directorate of Internal audit.

(2) The Director of the Directorate of Public procurements and legal services, through the heads of the Department of Organization of the public procurements award procedure and Department of Procedural representation and control of public procurement, carries out the direct management and control over the activity of preparation, announcement and implementation of the procedures under Public Procurement Act and the public procurements award.

(3) The Directorate of Risk analysis and operational control carries out preliminary control over the forecasting, planning and public procurements award and for legality in the preparation, announcement and implementation of the procedures under the Public Procurement Act and the public procurements award.

(4) The Directorate of Risk analysis and operational control carries out preliminary control over each act of the contracting authority or a person authorized by him at public procurement award and public procurement award contract, regardless of the order of awarding.

(5) The Directorate of Risk analysis and operational control exercises preliminary control over the work of commissions appointed for the public procurements award conducted in the Central Administration of RIA by issuing  checklist for the prepared protocols and/ or reports on the work of the commissions.

(6) The Internal Audit Directorate performs audit engagements to provide assurance and audit engagements for consultation in order to provide an independent opinion or opinion about the public procurement management cycle, documentation for specific public procurement, as well as for draft documentation, specific procedure, specific action or other subject of the audit in connection with the public procurement award by RIA.

SECTION II. CONTROL ON THE EXECUTION OF CONCLUDED CONTRACT

Art.43. (1) The director of directorate or the head of the specialized unit - applicant shall appoint official for each concluded contract, who shall control the contract, monitor and be directly responsible for its execution.

(2) The person shall be determined by order of the official authorized by the contracting authority or of the contracting authority himself.

(3)The draft order is prepared by the applicant directorate according to the model attached to these rules - Appendix № 3 and is coordinated by the head of the Department of Procedural representation and control of public procurement, the director of the Directorate of Public procurements and legal services, the director of the applicant directorate and the director of the Directorate of Risk analysis and operational control. The original of the order, after its signing, shall be handed over to the directorate responsible for the execution of the contract to be kept in the public procuremenfile and ishall be sent (by e-mail or in person) to the persons to whom it refers.

Art.44. (1) The control over the iexecution of the contract shall be assigned within 5 working days tafter concluding the contract, for which the director of the directorate/ specialized unit-applicant is responsible.

(2) The persons, who are assigned the exercise of control over the execution of public procurement contracts, may also be authorized to accept the work on the contracts on behalf of the contracting authority or to participate in a commission for acceptance, if such is envisaged.

(3) The person exercising control over the contract shall maintain contract file, part of the public procurement file, which contains:

-     copy of the contract;

-     the correspondence with the contractor regarding the execution of the contract;

-     copies of the reporting documents provided for in the contract;

-     copies of expenses documents,

Art.45. (1) The officials, who have been assigned to exercise control over the execution of the contracts, shall obligatorily receive the public procurement file, containing also copy of the respective contract, and shall monitor for:

1. observance with the time limits for execution of the contract;

2. compliance of the execution with the requirements of the contract regarding the technical specifications, the requirements for quality and quantity, as well as

3.  for other parameters, according to the subject of the procurement and the terms of the contract.

(2) In case of established discrepancies in the execution, the officials shall not accept the execution or shall accept the execution, as in the acceptance-delivery protocol they shall describe the established discrepancies and shall immediately notify the director of the directorate applicant and the contracting authority.

CHAPTER SIX COLLECTION OF OFFERS WITH ANNOUNCEMENT.
 INVITATION TO CERTAIN PERSONS

Art.46. The contracting authority applies the procedure for collecting tenders with announcement or invitation to certain persons awarding public contracts of the value of:

1 for construction - from BGN 50,000 to BGN 270,000;

2. for supplies and services, with the exception of the services under Annex № 2 of the Public Procurement Act - from BGN 30,000 to BGN 70,000.

Art.47. (1) The applicants shall prepare a Technical Specification - Annex № 2 for each public procurement, which will be conducted in the order described in this section and shall submit it to the Directorate of Public procurements and legal services.

(2) The technical specification shall be submitted to the Department of Organization of the public procurements award procedure and shall have the content indicated in the Annex to these Rules.

Art.48. (1) The documentation for application of the procedure for collecting offers with announcement shall contain:

1. order for approval of the conditions of the procurement, contained in the announcement and the documentation for participation in it;

2. template of announcement that contains at least the following information:

2.1  Name of the contracting authority.

2.2 Object, subject and short description of the procurement.

2.3 Requirements to be met by participants, including requirements for financial and economic conditions, technical capacity and qualifications, where applicable.

2.4.  Deadline for submission of the tenders.

2.5.  Period of validity of tenders.

2.6.  Award criteria, including evaluation indicators and their weight.

2.7.  Date and time of opening of the offers.

2.8.  Lots, where applicable.

2.9.  Other information, where applicable.

3. instructions for participation, incl. a list of required documents, template declarations, etc., if required;

4. technical specifications;

5. draft contract.

(2) The documentation when applying the procedure for collecting offers with an invitation to certain persons

contains:

1. subject of the contract, including quantity and / or volume and description of the lots, if any;

2. requirements of the contracting authority for the execution of the contract

3. criterion for awarding the contract, if applicable - and the indicators for complex assessment with their relative weight, and when this is objectively impossible, ranked in descending order of importance, as well as the methodology for complex evaluation of tenders;

4. other requirements at the discretion of the contracting authority.

Art.49. (1) When collecting an offer with an announcement, the Department of Planning, analysis and register of public procurements shall organize:

1.  Publication of the necessary documents in the buyer's profile;

2. Publication of brief information about the procurement in the public procurement portal by direct entry using specialized software provided by the Public Procurement Agency. The information is completed after template, which contains data about the contracting authority, a brief description of the subject of the contract, estimated value and deadline for receipt of the offer. In the information, the contracting authority indicates a link to the relevant section in the buyer's profile, in which the announcement and other documents related to the public procurement, are published.

(2) When sending an invitation to certain persons, the Department of Planning, analysis and register of public procurements shall organize:

1. Publication of the necessary documents in the buyer's profile;

2. Sending the invitation to certain persons.

Art.50. (1) When written request for clarification of the terms of the public procurement is received within 3 days before the deadline for submission of tender, it shall be immediately addressed with resolution to the contact person/persons specified in the announcement/ information.

(2)    The person / persons under par. 1 shall prepare a draft of the explanation within 1 working day and shall submit it for signature by the contracting authority. The clarification is prepared jointly by the Department of Organization of the public procurements award procedure and the applicant directorate, which has prepared the Technical Specification.

(3)  The signed explanation is published by the Public Procurement Department on the buyer's profile no later than the next working day.

Art.51. (1) The contracting authority with an order shall determine an odd number of persons to consider and evaluate the received offers after the expiration of the term for submission of offers.

(2)   For the persons under par. 1 the requirements of Art. 51, par. 8 -13 of the Public Procurement Act will be applied.

(3)   The Commission opens the tenders in the order of their receipt and announces the price proposals. Representatives of the participants may be present during these actions.

4)  The Commission shall draw up a protocol for the examination and evaluation of the tenders and for the ranking of the participants. If there are grounds, the commission shall apply Art. 72 of the Public Procurement Act. The protocol is submitted to the contracting authority for approval, after which on the same day it is sent to the participants and it is published on the buyer's profile.

Art.52. (1) The collection of offers with announcement or invitation to certain persons shall end with approval of the protocol by the contracting authority.

(2) The contract shall be concluded in the manner specified in these rules.

(3)   The actions performed under this chapter are subject to preliminary control by the Directorate of Risk analysis and operational control through the issuance of a checklist.

CHAPTER SEVEN. DIRECT AWARD OF PUBLIC PROCUREMENT

Art. 53. (1) When the value of a public procurement does not require the selection of contractor to be carried out according to the procedure in the Public Procurement Act, award shall be carried out according to Art. 20, par. 4 of the Public Procurement Act, for services, supplies and construction for each specific subject for the current calendar year.

(2)The incurrence of costs for the supply of goods, services or construction of values ​​thresholds specified par. 1, shall be preceded by report from the directorate/ specialized unit - applicant, which will use the subject of the procurement, with proposal to the Management Board of RIA.

(3)When costs for supplies and services are made at values ​​that allow direct award, the reporting is done on the basis of supporting documents. Written contract is concluded at the discretion of the applicant and after approval of the contracting authority in view of the specifics of the subject.

(4)When construction is awarded within the meaning of Art. 3 of the Public Procurement Act, regardless of its value, the contractor shall conclude written contract in accordance with the procedure specified in these rules.

CHAPTER EIGHT. PUBLIC PROCUREMENT DOSSIER

SECTION I DOCUMENTATION AND REPORTING

Art. 54. (1) In order to ensure documentary traceability (audit trail) in respect of all actions and decisions, as well as the actions of the commissions for public procurements award, a dossier shall be created and maintained for each public procurement.

(2) The dossier shall contain all decisions, notices, documentation and other supporting documents, explanations, invitations, minutes, final reports of the commission, tenders or requests for participation, evidence of actions taken to release the performance guarantee, describing the reasons why other means are used. submission of documents other than electronic in electronic submission, and in cases of preliminary control - the opinions of the Public Procurement Agency and the reasons of the contracting authority for non-accepted recommendations. The dossier contains the contract or framework agreement and all documents related to execution and reporting.

(3)  The dossier for each public procurement, in addition to the documents and information under the previous paragraph, shall also include:

1. the order for appointment of the commission for preliminary selection of the candidates and participants, examination and evaluation of the offers or conducting negotiations and dialogue, including any orders amending or supplementing the composition;

2. a copy or extract from the register of the received applications for participation and /or offers;

3. the protocol by which the offers are submitted to the chairperson of the commission;

4. the exchange of information between the contracting authority and other persons or bodies in connection with the preparation and implementation of the procedure and the execution of the contract;

5. information on the appeal of the contract, including the appeal, the opinions on it, the decisions and determinations of the bodies responsible for the appeal;

6. the documents submitted by the designated contractor participant before the conclusion of the contract;

7. a document confirming the return of templates, where applicable;

8. the unique numbers under which the documents are registered with the Public Procurement Agency for control, where applicable;

9. information on the movement of documents in the file.

(4) The information in the public procurement dossier shall be organized in a way that allows for chronological traceability of all actions of the responsible officials in connection with the preparation, execution, completion and reporting of the execution of the public procurement.

(5) For each public procurement, the head of the Department of Organization of the public procurements award procedure appoints official from the department to prepare dossier with an inventory of its content and the organization of the documents in it.

(6) The Department of Planning, analysis and register of public procurements at RIA keeps register of public procurements and contracts. The register is kept on electronic media.

Art.55. Until completion of the work of the commission for consideration, evaluation and ranking the received tenders and documentation shall be retained by person from the commission at the place specified in the order for appointment of commission.

SECTION II. PERIOD FOR PRESERVATION

Art.56. (1) The dossiers of the public procurements shall be kept by the applicants, and of the terminated public procurements by the Department of Planning, analysis and register of public procurements at the Directorate of Public procurements and legal services in accordance with the terms established in the normative acts.

(2) The terms under par. 1 may be extended, in case this arises from the rules for work of financing, auditing and certification bodies in connection with the provision of funds for projects and programs of the European Union.

SECTION III. PROVISION ACCESS TO THE DOSSIER

(1) The Directorate / specialized unit - applicant is responsible for the proper storage and archiving of the dossiers for the term under Art. 56 of the rules.

(2) Access to public procurement dossiers and/or copying of documents by RIA officials is allowed by the director of the directorate or the applicant unit.

(3) The Director of the Directorate or the applicant unit shall appoint official responsible for granting access to thepublic  procurement dossiers.

(4) In case of request for access to public procurement dossier from RIA official, application must be filled in with the following information:

1.   the dossier to be used and for what purpose;

2.   inventory of copied documents (if any);

3.  date and time of take and return of the file;

4.   signature of the official - name and position.

CHAPTER NINE. BUYER’S PROFILE

Art. 58. (1) The buyer’s profile shall be separate part of the electronic page of RIA, for which publicity is ensured.

(2)   The following are published in the buyer's profile in the form of electronic documents:

1. all decisions, announcements and invitations related to the initiating, award, execution and termination of public procurement;

2. public procurement documents, except in cases where, for technical or information protection reasons, it is not possible to provide unrestricted, full and direct access by electronic means;

3. the explanations provided by the contracting authorities in connection with the public procurement;

4. the minutes and final reports of the commissions for conducting the procedures;

5. public procurement contracts and framework agreements, including their annexes;

6. additional agreements amending public contracts and framework agreements;

7. the notices for collecting offers and the invitations to certain persons;

8. the opinions of the Public Procurement Agency in connection with the exercised preliminary control.

9. other documents provided for in the Public Procurement Act, the Regulations for the Implementation of the Public Procurement Act and the current rules

(3) The documents referred to in par. 2 for each public procurement shall be separated in an electronic file with numbers date of its creation.

(4) In the cases of the exception under par. 2, item 2, the manner, place and the order for receiving the documents, which are not accessible by electronic means, shall be announced through the buyer's profile.

(5) When publishing the documents under par. 2 the information shall be deleted in respect of which the participants have lawfully referred to confidentiality in connection with the existence of the trade secret, as well as information which is protected by law. The reason for deletion shall be indicated in the place of the deleted information.

(6) By publishing the documents on the buyer's profile, it is assumed that the interested persons, the candidates and / or the participants have been informed about the circumstances reflected in them, unless otherwise provided by the law.

Art.59. The documents are published in the profile of the buyer by official appointed by the head of the Department of Planning, analysis and register of public procurements in the order and within the terms determined by the Regulations for the Implementation of the Public Procurement Act.

CHAPTER TEN.  PUBLIC PROCUREMENT AWARD  THROUGH THE CENTRAL PUBLIC PROCUREMENT AUTHORITY

Art.60. The Road Infrastructure Agency is ontracting authority and administration that awards public procurement through the Central Public Procurement Authority (CPPA or Central Authority for purchases within the meaning of Art. 95 of the Public Procurement Act).

Art.61. (1) The planning of public procurements, assigned by the Central authority shall be carried out by summarizing the applications of the directorates in the Central Administration of RIA and its specialized units at directorate of Administrative Services and Coordination and it shall submits in report the planned centralized procedures for approval by the Management Board of RIA.

(2)    After the approval under par. 1, the Directorate of Administrative services and coordination, through persons appointed to work with the system (administrators of the Central Authority system) by the Communications and Information Directorate, shall send information on the planning, preparation and execution of the centralized procedures and the technical specifications for them within the deadlines specified by the Central Authority.

(3)  If necessary, the Directorate of Administrative services and coordination prepares and provides explanations on the submitted technical specifications through the persons appointed for work with the system, who carry out the exchange of information with the Central Authority in connection with the procurements award of the Agency.

(4)  The exchange of information with the Central Authority and the actions performed on the centrally conducted procurements are carried out through the Electronic Public Procurement System and the instructions of the authority for work with it. Electronic Public Procurement System is register in which information related to public procurement is collected and stored in order to ensure publicity and transparency regarding the process of their award.

Art.62. (1) Officials of the RIA appointed by the Management Board of the RIA shall participate as representatives of the Agency in the commissions appointed by the Central Authority.

(2)  The organization and conduct of small competition procedures, as well as the conclusion of contracts of potential contractors under the framework agreements concluded by the Central Authority and their implementation is carried out by RIA, according to these rules, the provisions of Public Procurement Act and Regulations for the Implementation of the Public Procurement Act.

(3) As a result of the actions taken, through the system administrator, RIA sends to the Central Authority:

-   information on the concluded, executed and terminated contracts on the basis of a framework agreement;

- notice of revocation small-tendering the contract for public procurement based on a framework agreement within three days of the issuance of the decision for termination;

- copies of the entered into force court decisions, which established non-performance of contracts concluded on the basis of a framework agreement within 4 days from the service of the decisions.

CHAPTER ELEVEN. TRAINING OF PERSONS INVOLVED IN PUBLIC PROCUREMENT CYCLE MANAGEMENT

Art.63. (1) The introductory training of the persons engaged in the management of the public procurement cycle shall aim to ensure:

1. Getting acquainted with the general principles and provisions of the Public Procurement Act, the regulations for its implementation and the internal acts concerning the cycle of public procurement management.

2. Understanding the role and responsibility of the position held in the overall process of award and execution of the public procurements.

(2) Supportive training shall be conducted in order to improve the process of managing the public procurement cycle, acquaintance with the occurring changes in the legal framework, as well as with the development of the practice for its implementation.

Art.64. Introductory training is conducted for new employees, as well as in case of changes in the regulations on public procurement.

Art.65. (1) Trainings shall be conducted by the Directorate of Public procurements and legal services, Department of Organization of the public procurements award procedure under a program for conducting the training by the Management Board of RIA.

(2) Upon a motivated request from persons engaged in the management of the public procurement cycle, the Management Board of RIA may authorize participation in seminars and trainings organized and conducted by outsiders, after coordination of the request with the director of Directorate of Budget, finance and project payments in view of financial security.

ADDITIONAL PROVISIONS

§ 1. These rules are adopted on the basis of Art. 244 of the Public Procurement Act and co-approved by the Decision of the Management Board of RIA, reflected in Minutes № 15162/16 of a meeting held on 14.11.2016.

§ 2. The present rules repeal the Internal rules for organization for conducting public procurement procedures by the Road Infrastructure Agency.

§ 3. These rules repeal all internal acts: orders, rules, etc., which contradict and determine an order other than those specified in the rules.

§ 4. The rules come into force from the day of their approval by the Management Board of RIA.

§ 5. For certain actions, described in the present internal rules, the Contracting authority with order may appoint certain persons and responsibilities from the respective directorates in the Central Administratione of RIA.

§ 6. 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.

Annex No.1 to Аrt. 6, par. 2 of the Rules

APPLICATION

for the needs of supply of goods, services and construction for a period of 12 months for

the calendar  year..........  .

         of a directorate / specialized unit.............................. 

Date:
20....
Director of Directorate

(name, position, signature)

Annex No.2 for each public procurement

TECHNICAL SPECIFICATION

FOR EXECUTION OF PUBLIC PROCUREMENT WITH SUBJECT

“.............................................. “[1]

1.   SUBJECT AND PURPOSE OF THE PUBLIC PROCUREMENT

The subject of the current public procurement is ......................... In this sense, the aim of the public procurement is the Road Infrastructure Agency to ……………………… 

Short description ....................  (description of activities in the procurement)

Existing situation ............... .....  ,[2]

2.   OBJECT OF THE PUBLIC PROCUREMENT....................

The subject of this public procurement is  .............. 

CPV nomenclature code -..................

2a. Reasons for the type of procedure and evidence -........... 

For all procedures except the open procedure, restricted, and respectively public competition.

3.   FINANCING

The execution of the public procurement is financed by...  

4.   ESTIMATED VALUE OF THE PUBLIC PROCUREMENT UNDER ART. 21 of the Public Procurement Act : 

The estimated value of this public procurement or part of it (in case of single prices, separate stage, etc.) is in the amount of ................BGN without VAT. The price for the execution of the procurement, offered by participants, not / can[3] exceed the indicated forecast value and / or part of it.

5.   METHOD OF PAYMENT

The method of payment for the execution of the procurement is as follows: ………………………..

…………………………[4]

6.   PLACE AND TIME OF EXECUTION OF THE PUBLIC PROCUREMENT

-     Place of execution of the procurement:........ [5]

      Term for execution of the procurement: The term for execution of the procurement is……….

(.......)............ as of.................[6]

-      Guarantee period:.............(if applicable);

-      Maintenance period:............(if applicable);

-      Other deadlines important for the award of the procurement, which are mandatory for the participants or

will be offered: ................ .. (if applicable, eg..in engineering procurements - term for design, term for consideration and acceptance of the project by the contracting authority, term for execution of construction and installation works, etc.)

Note: For all terms, the conditions under which they start and when they expire are also indicated.

7.  EXECUTION REQUIREMENTS:.............................[7]
8.  PROCEDURE FOR ACCEPTANCE OF THE WORK  .........................[8]
9.  SELECTION CRITERIA

9.1  Suitability (legal capacity) for exercising professional activity under Art. 60 from the Public Procurement Act …………………………………………………………………….

The requirement is proved by the presentation of: ……………………………………

9.2. Economic and financial condition under Art. 61 of the Public Procurement Act :

Documents for proving economic and financial condition under Art. 62 of the Public Procurement Act:
          …………………………………………………………..

9.3.  Technical and professional abilities in Art. 63 of the Public Procurement Act :
            ……………………………………………………………………………..

Documents and evidence in connection with the requirements of Art. 64 of the Public Procurement Act:     ……………………………………………………………………………..

10. INSTRUCTIONS FOR PREPARATION OF THE TECHNICAL PROPOSAL FOR EXECUTION OF THE PROCUREMENT:
    ……………………………………………………………………
11. INSTRUCTIONS FOR PREPARATION THE PRICE OFFER:
                       ………………………………………………………
12. OPTIONS UNDER ART. 21, PAR. 1 OF THE PUBLIC PROCUREMENT ACT:
                      …………………………………………………………………

The options under Art. 21, par. 1 of the Public Procurement Act are based on the expectations of the contracting authority for awarding additional activities in the event of certain prerequisites, without obliging him to explicitly award them. If it provides for options, they are included in the estimated value of the order, which the contracting authority must indicate in the notice, and in the applicable cases -

in the decision to initiate the procedure. The volume and value of the options are also indicated as additional information.

13. RENEWALS UNDER ART. 21, PAR. 1 OF THE PUBLIC PROCUREMENT ACT:

The renewals under Art. 21, par. 1 of the Public Procurement Act include repetition of activity in case of occurrence of circumstances specified in the contract, without the need for its amendment. In case it provides for repetitions , they are included in the estimated value of the contract, which the contracting authority must indicate in the announcement, and in applicable cases - in the decision to initiate the procedure. The volume and value of repetitions are also indicated as additional information.

14. REASONS UNDER ART. 46, PAR. 1 OF THE PUBLIC PROCUREMENT ACT for the non-separation of the public procurement in individual lots, which reasons will be included in the decision to open the procedure after approval by the Management Board of RIA: ..........................[9]                                                                    

15. CRITERIA FOR AWARDING THE PROCUREMENT UNDER ART. 70 OF THE PUBLIC PROCUREMENT ACT:

………………………………………….[10]

According to Art. 38 of Additional Provisions of Public Procurement Act, when choosing a criterion for awarding under Art. 70, par. 2, item 2 and 3 of the Public Procurement Act, the contracting authority should indicate the periods in respect of which proposals for costs are submitted, where applicable.

16. GROUNDS FOR OPTIONAL REMOVAL ACCORDING TO ART. 55 FROM

PUBLIC PROCUREMENT ACT ...................[11]

17. GROUNDS FOR AMENDMENT OF THE PUBLIC PROCUREMENT CONTRACT:

 …………………………………………….[12]

According to Art. 116 of the PPA is permissible amendment to a public contract when changes are provided in the documentation for the procurement and contract chrezyasni, precise and unambiguous clauses, including clauses for price changes or options; the scope and nature of possible modifications or options as well and the conditions under which they may be used must not lead to a change in the subject of the contract or the framework agreement.

18. DOCUMENTS TO BE SUBMITTED BY THE DESIGNATED CONTRACTOR FOR SIGNING OF THE CONTRACT:
    ……………………………………………………

Requirements arising from the normative documents for the execution of the respective activity, incl. and for foreign contractors and persons and / or documents important to the contracting authority in view of the specifics of the contract and the organization in its execution.

19. GUARANTEE FOR PERFORMANCE OF THE PUBLIC PROCUREMENT CONTRACT:

 ……………………………………………………

It is mandatory to indicate: value and term of validity, in case of stage execution - value for each stage, in case of warranty maintenance - value to be kept for the period of post-warranty maintenance. Specific requirements to the guarantee, according to the form of presentation (for a sum of money, bank guarantee, insurance).

20. ADVANCE PAYMENT GUARANTEE (IF APPLICABLE): [13]

…………………………………………

It is mandatory to indicate: value and term of validity, manner of release, specific requirements to the guarantee, according to the form of security (for a sum of money, bank guarantee, insurance).

Note;

1. In case of orders with separate lots, the information under items 1 to 20 shall be presented and for each separate lot. Restriction on submission of tenders by one participant for the lots (for all, for a certain maximum number of positions only for one position). In case of simultaneous fulfillment of the separate positions, a limitation of the number of contracts that a single contractor can conclude may be required, in which case the objective limitation criteria shall be indicated.
2. In the case of specific procurement procedures, such as the award of a framework agreement, restricted procedure, competitive negotiated procedure, etc., the Director of the Directorate of Public procurements and legal services may request additional specific information, which is mandatory for provision by the relevant directorate.
3. In all indications of a required document and / or technical reference to a standard, certificate and / or other relevant to the documentation indicator of this type, the equivalent should be indicated, which the contracting authority will accept as meeting the requirements, the restrictions for removing the conditions under Art. 48-53 of the Public Procurement Act regarding the Technical Specifications under Art. 50 of the Public Procurement Act

Annex:..........................., ..[14]

DIRECTOR OF DIRECTORATE: …………………………………………………

Coordinated by: …………………………………………………………………………..

Prepared by: …………………………………………..

Date: ...., .201 ..

Одобрени с Решение на Управителния съвет на Агенция „Пътна инфраструктура", отразено в Протокол №15162/16 от заседание проведено на 14.11.2016 г.*Page 34 

Annex No.3 to Аrt. 43, par. 3 of the Rules

ORDER

№ .............. / ............ 20 .... .

The undersigned ...................-........ , based on Art. 140, para. 1 of the Rules on Implementation of the Public Procurement Act, as well as on the basis of Art. 43, para. 3 of the Internal Rules for Management of the Public Procurement Cycle of the Road infrastructure Agency and in Minutes №…...from .............of the Management Board of the Road infrastructure Agency

I DETERMINE

The official .....................„ on position …………………, department ……………………….

дирекция …………...[15] , who controls the contract, monitors and is directly responsible for the execution of the concluded between Road Infrastructure Agency …………………[16] Procurement contract № ………………..[17] Subject: ………………………………………………………………………….[18]

In execution the tasks and responsibilities awarded by this procurementorder, as well as in cases of necessity and established non-fulfillment and / or established possibility for such, the official is obliged to immediately inform his direct supervisor and director of the directorate, who shall give instructions for further action.

I assign control over the implementation of this order to the director of the directorate  …………………………………….[19] and Director of the Risk analysis and Operational control Directorate.

A copy of this order to be handed over to the officials, designated in it for information and execution.

ENG. LAZAR LAZAROV

CHAIRPESON OF THE MANAGEMENT BOARD OF THE ROAD INFRASTRUCTURE AGENCY[20]

Annex No.4 – template of the register for received tenders/applications