|
In the case of public entities using EU financing instruments, when awarding a single-source contract, the contracting authority invites only one selected contractor to submit an offer and conducts negotiations with him. The issues of awarding single-source contracts to public entities are regulated by the Public Procurement Law. In the case of enterprises that are not generally subject to this Act, the regulations are slightly different. In the Eligibility Guidelines - , which entrepreneurs benefiting from EU support are obliged to apply, the phrase "free hand" does not appear at all, but mentions "omitting the principle of competitiveness".
Apart from the principle of competitiveness, entrepreneurs may look for a contractor on their own and request an offer from one or more entities (the Guidelines do not specify this). What is absolutely crucial, the original terms of the order cannot be changed. In this article, we focus on the photo retouching issue of negotiated contracts when the beneficiary is an entrepreneur. When can the negotiated procurement procedure be used? The single-source procurement procedure may be used if a situation arises in which no one responds to the invitation to tender, applies incorrectly, which will result in rejection, or the contractor does not meet the conditions for participation in the procedure.

The Public Procurement Law defines these conditions for public entities, and for entrepreneurs, the possibility of bypassing the competitiveness principle is specified, as we have already indicated above, in the Expenditure Eligibility Guidelines - , which read as follows: From a practical point of view, for example, as follows. The failure to submit offers is understandable - in response to the announcement in the Competitiveness Database, no one sent an offer or expressed willingness to complete the order. Rejection applies, for example, to situations when the contractor does not use the form provided to submit an offer, but fills in the data on its own company document, fills out the offer form contrary to the instructions or does not attach the mandatory attachment.
|
|