November 23, 2020 / Law /

In the new Public Procurement Law, the legislator, in Art. 256 introduced a new condition for the annulment of the proceedings. Pursuant to the quoted article, the Ordering Party may cancel the procedure for the award of a contract, respectively, before the expiry of the deadline for submitting applications for admission to participate in the procedure or before the expiry of the deadline for submission of tenders, if there are circumstances that make the further conduct of the procedure unjustified.

In the justification of the PPL Act it is indicated that this solution will enable the awarding entities to terminate the conducted procedures in a situation where there are grounds for cancellation of the procedure other than the obligatory ones, which make the further conduct of these procedures pointless. The assumption of the new act is that the awarding entities should always end the public procurement procedure in a specific manner. Art. 254 of the new Act indicates that the procurement procedure ends:

1) concluding a public procurement contract, or

2) annulment of the procedure.

At this point, it is worth paying attention to the new definition of the procurement procedure, which should be understood as a procedure initiated by the delivery or posting of an advertisement, an invitation to negotiate or an invitation to tender, conducted as an orderly sequence of activities based on the terms of the contract established by the contracting authority. , leading to the selection of the most advantageous offer or negotiation of the provisions of a public procurement contract, ending with the conclusion of a public procurement contract or its cancellation, provided that the conclusion of a public procurement contract does not constitute an action in this procedure.