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Public
Procurement Law
(PPL) was passed
by the Serbian
National Assembly
on 4th of July
2002 and entered
into force on
13th of July 2002,
enacted as a part
of law and economic
reforms on the
path to free-market
economy, democratic
society with low
level of corruption.
The Law is largely
based on the EU
public procurement
directives.
PPL
consists of a
comprehensive
set of rules on
public procurement
providing at the
same time the
means for its
verification in
practice. Its
provisions are
focused on procurement
procedures embracing
the whole process
of awarding public
contracts starting
with decision
on public procurement
and ending with
the conclusion
of the contract.
The process of
planning and financing
public procurement
is outside the
scope of the Law
and is subject
to finance law,
as well as the
execution of concluded
contracts which
are subject to
civil law.
Open
tendering is the
basic procurement
procedure under
the PPL as it
is the most transparent,
objective and
competitive method
of selecting the
best offer, whilst
other procedures
may only be applied
in special cases
and the conditions
for their application
are defined in
the PPL. Apart
from the provision
of the Article
6 allowing domestic
preferences only
related to subcontractors
and inclusion
of certain quantity
or value of domestic
goods and services,
the PPL does not
allow any kind
of domestic preferences
in the procurement
procedures, giving
the absolute prevalence
of economic criteria.
The
Law ensure compliance
with the rules:
it affords protection
by giving the
right to complains
to any supplier
or contractor
who claims that
his rights have
been injured in
the procurement
procedures, invalidating
procurement contracts
that are not in
accordance with
the law procedures,
imposing at the
same time the
penalties on contracting
authorities for
nominal breaches
of the Law the
spectrum of which
is wide enough
to cover almost
any breach. Suppliers
and contractors
as having an economic
interest are the
best monitors
of the procurement
process.
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