Today the National Assembly adopted the Law on Amendments to the Public Procurement Act. Forthcoming presidential decree is to be issued and its publication in the State Gazette
With the adoption of the law, public procurement enters a qualitatively new stage through the use of electronic means and the central electronic platform created for this purpose. The rules for their gradual introduction are regulated in detail in the law. Mandatory use of the platform will take effect from November 1, 2019. This will allow for a smooth transition to the new way of contracting, including step-by-step registration of all users (contracting entities, economic operators, control bodies) and conducting trainings for working with the platform.
Provisions related to the entire award process have been specified. The procedure for signing, serving and receiving electronic documents in the course of the procedures is regulated.
The law introduces the requirements of Directive 2014/55/EU on e-invoicing for public procurement. The obligation of the contracting authorities to accept and process electronic invoices for payment under public procurement contracts is regulated. E-invoices should be compatible with the European standard for electronic invoicing.
Changes have also been adopted to optimize and refine the current legal framework. They relate to the ability to replace or involve a new subcontractor in the performance of a public contract. The cases of a possible change of a partner in a contracting association, where it is not a legal entity, are also settled.
Important changes have been made to guarantee and increase publicity and transparency in the procurement and execution of contracts. An obligation is laid down for contracting authorities to publish in the Public Procurement Register information on any additional agreements to the contracts. Subcontracts are also subject to disclosure in the buyer’s profile.
Also significant is the change according to which information about the so-called. small orders – Tender bidding will now be available in the ROP. A new model is foreseen for this purpose.
The changes will increase the publicity and transparency of the procurement, which will increase efficiency when spending public money.