regulations for application of the public procurement act baza/regulations_for... · regulations...

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Regulations for Application of the Public Procurement Act Adopted by Council of Ministers Decree No. 150/21.06.2006. Promulgated, State Gazette No. 53/30.06.2006, effective 1.07.2006, amended, SG No. 84/19.10.2007, effective 19.10.2007, amended and supplemented, SG No. 3/13.01.2009, effective 1.01.2009, amended, SG No. 93/24.11.2009, effective 24.11.2009, amended and supplemented, SG No. 86/2.11.2010, supplemented, SG No. 27/1.04.2011, amended and supplemented, SG No. 17/28.02.2012, effective 26.02.2012, corrected, SG No. 20/9.03.2012 Text in Bulgarian: Правилник за прилагане на Закона за обществените поръчки Chapter One GENERAL DISPOSITIONS Article 1. (Amended, SG No. 3/2009, effective 1.01.2009) These Regulations regulate the terms and procedure for application of the Public Procurement Act, regarding: 1. the dispatch and publication of information on public procurements; 2. (amended, SG No. 3/2009, effective 1.01.2009) the operation of the Public Procurement Register, as well as the circumstances subject to entry therein; 3. the rules for conduct of electronic auctions; 4. (amended, SG No. 3/2009, effective 1.01.2009) exchange of information upon conduct of public procurement award procedures; 5. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) the exercise of ex ante control under Items 22 and 24 of Article 19 (2) of the Public Procurement Act and the information exchange in connection with the control under Item 22; 6. the types of commodity exchange goods whereof the supply may be effected through a negotiated procedure without publication of a contract notice; 7. (new, SG No. 17/2012, effective 26.02.2012) the publication of the call for tenders referred to in Article 101b (1) of the Public Procurement Act. Article 2. (1) The persons covered under Items 5 and 6 of Article 7 of the Public Procurement Act shall have a contracting authority capacity solely where carrying out the activities covered under Articles 7a to 7e of the Public Procurement Act. (2) The contracting authorities covered under Items 3 to 6 of Article 7 of the Public Procurement Act shall notify the Public Procurement Agency, hereinafter referred to as "the

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Page 1: Regulations for Application of the Public Procurement Act baza/Regulations_for... · Regulations for Application of the Public Procurement Act Adopted by Council of Ministers Decree

Regulations for Application of the Public Procurement Act

Adopted by Council of Ministers Decree No. 150/21.06.2006. Promulgated, State Gazette

No. 53/30.06.2006, effective 1.07.2006, amended, SG No. 84/19.10.2007, effective 19.10.2007,

amended and supplemented, SG No. 3/13.01.2009, effective 1.01.2009, amended, SG No.

93/24.11.2009, effective 24.11.2009, amended and supplemented, SG No. 86/2.11.2010,

supplemented, SG No. 27/1.04.2011, amended and supplemented, SG No. 17/28.02.2012,

effective 26.02.2012, corrected, SG No. 20/9.03.2012

Text in Bulgarian: Правилник за прилагане на Закона за обществените поръчки

Chapter One

GENERAL DISPOSITIONS

Article 1. (Amended, SG No. 3/2009, effective 1.01.2009) These Regulations regulate the

terms and procedure for application of the Public Procurement Act, regarding:

1. the dispatch and publication of information on public procurements;

2. (amended, SG No. 3/2009, effective 1.01.2009) the operation of the Public Procurement

Register, as well as the circumstances subject to entry therein;

3. the rules for conduct of electronic auctions;

4. (amended, SG No. 3/2009, effective 1.01.2009) exchange of information upon conduct

of public procurement award procedures;

5. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012)

the exercise of ex ante control under Items 22 and 24 of Article 19 (2) of the Public Procurement

Act and the information exchange in connection with the control under Item 22;

6. the types of commodity exchange goods whereof the supply may be effected through a

negotiated procedure without publication of a contract notice;

7. (new, SG No. 17/2012, effective 26.02.2012) the publication of the call for tenders

referred to in Article 101b (1) of the Public Procurement Act.

Article 2. (1) The persons covered under Items 5 and 6 of Article 7 of the Public

Procurement Act shall have a contracting authority capacity solely where carrying out the

activities covered under Articles 7a to 7e of the Public Procurement Act.

(2) The contracting authorities covered under Items 3 to 6 of Article 7 of the Public

Procurement Act shall notify the Public Procurement Agency, hereinafter referred to as "the

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Agency," of the acquisition or loss of a contracting authority capacity within seven days after the

date of occurrence of the grounds.

Chapter Two

PROVISION OF INFORMATION ON PUBLIC PROCUREMENTS

Section I

(Repealed, SG No. 17/2012, effective 26.02.2012)

Dispatch of Information to State Gazette and to the Official Journal of the

European Union

(Heading amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010)

Article 3. (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012,

effective 26.02.2012).

Article 4. (Amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 86/2010,

repealed, SG No. 17/2012, effective 26.02.2012).

Article 4a. (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012).

Section II

Dispatch of Information to Agency and to the Official Journal of

the European Union. Buyer Profile

(Heading amended, SG No. 17/2012, effective 26.02.2012)

Article 5. (1) The contracting authorities covered under Items 1 to 4 of Article 7 of the

Public Procurement Act shall dispatch to the Executive Director of the Agency:

1. (amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 86/2010,

amended, SG No. 17/2012, effective 26.02.2012) the decisions:

(a) to initiate public procurement award procedures;

(b) on change under Article 27a (3) and (7) of the Public Procurement Act;

(c) to terminate a public procurement award procedure;

(d) to select the candidates who or which will be invited to submit tenders: in competitive

dialogue;

(e) to initiate and terminate design contests;

2. the prior information notices;

3. the communications of publication of the prior information notices on the buyer profile;

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4. the contract notices;

5. the simplified contract notices referred to in Article 93h (1) of the Public Procurement

Act;

6. the design contest organization notices;

7. (amended, SG No. 17/2012, effective 26.02.2012) the invitation to participate in a

negotiated procedure without publication of a contract notice: in the cases referred to in Items 3

to 9 and 12 of Article 90 (1) of the Public Procurement Act;

7a. (new, SG No. 17/2012, effective 26.02.2012) the public call for tenders referred to in

Article 101b (1) of the Public Procurement Act;

8. information on the design contests as organized;

9. (supplemented, SG No. 86/2010) information on the public procurement contracts

concluded and on the framework agreements concluded, stating therein, inter alia, the date of

conclusion of the contract or framework agreement;

10. (amended, SG No. 3/2009, effective 1.01.2009) information on the public procurement

contracts performed and terminated;

11. (repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010) the notices for

voluntary transparency;

12. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010) information under

Article 44 (7) of the Public Procurement Act;

13. (repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010) the information

covered under Article 122q of the Public Procurement Act;

14. (amended, SG No. 17/2012, effective 26.02.2012) information on the progress of the

procedure in an appeal proceeding;

15. (new, SG No. 3/2009, effective 1.01.2009) copies of the effective judgments of court

whereby non-performance of public procurement contracts has been ascertained.

(2) In addition to the information covered under Paragraph (1), the contracting authorities

covered under Items 5 and 6 of Article 7 of the Public Procurement Act shall dispatch to the

Executive Director of the Agency:

1. the notices of establishment of systems of qualification of suppliers, contractors or

service providers, referred to in Article 105 (1) of the Public Procurement Act;

2. the prior information notices referred to in Article 109 (1) of the Public Procurement Act;

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3. (repealed, SG No. 17/2012, effective 26.02.2012).

(3) (Amended, SG No. 3/2009, effective 1.01.2009) In the cases covered under Items 3 to 9

and Item 12 of Article 90 (1) of the Public Procurement Act, the contracting authorities covered

under Items 1 to 4 of Article 7 of the Public Procurement Act shall send the Executive Director of

the Agency the evidence related to the choice of the procedure.

(4) (Supplemented, SG No. 3/2009, effective 1.01.2009, amended, SG No. 86/2010, SG

No. 17/2012, effective 26.02.2012) The documents referred to in Items 2 to 6, 8, 9, 11 and 12 of

Paragraph (1) and Items 1 and 2 of Paragraph (2) shall be drawn up according to the standard

forms endorsed under Article 19 (7) of the Public Procurement Act, and in the cases referred to in

Article 45a (1), (5) and (6) of the Public Procurement Act, the said documents shall be drawn up

according to the standard forms endorsed by the Regulation referred to in Article 45a (9) of the

Public Procurement Act.

(5) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012,

corrected, SG No. 20/2012) The information referred to in Item 1 (a), (b), (c) and (e) of Item 10

of Paragraph (1), Items 7a, 10 and 14 of Paragraph (1) shall be based on standard forms endorsed

by the Executive Director of the Agency.

(6) (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012).

Article 6. (1) (Amended, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012)

The documents covered under Items 1, 2, 4 to 7 and Items 8 to 12 of Article 5 (1) and under

Article 5 (2) herein shall be dispatched in one of the following manners:

1. (amended, SG No. 3/2009, effective 1.01.2009) on a paper-based medium and on a

magnetic, optic or another data storage medium making the information retrievable, without use

of an electronic signature;

2. (amended, SG No. 3/2009, effective 1.01.2009) on a paper-based medium and by

electronic mail, without use of an electronic signature;

3. (amended, SG No. 3/2009, effective 1.01.2009) by electronic mail with the use of an

electronic signature;

4. on a magnetic, optic or another data storage medium making the information retrievable,

with the use of an electronic signature;

5. (new, SG No. 3/2009, effective 1.01.2009, amended, SG No. 17/2012, effective

26.02.2012) entry into the Public Procurement Register by an authorised user by means of:

(a) electronic forms on the Internet site of the Agency, or

(b) use of special application software provided by the Agency.

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(2) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012)

The decision and the notice on the initiation of procedures subject to ex ante control under Item

22 of Article 19 (2) of the Public Procurement Act, the decision referred to in Item 1 (b) of

Article 5 (1) herein and the information referred to in Item 14 of Article 5 (1) herein shall be

dispatched according to the procedure established by Item 5 of Paragraph (1).

(3) Where dispatching any documents covered under Article 5 (1) and (2) herein, the

contracting authorities which have open records shall state the number of the record thereof in the

Public Procurement Register, and in the case of an initiated procedure, the unique identification

number of the procurement in the Public Procurement Register.

(4) In case the contracting authority does not possess the data referred to in Paragraph (3),

the said authority shall state the number and date of the decision to initiate the public

procurement award procedure whereto the documents dispatched relate.

(5) (Amended, SG No. 3/2009, effective 1.01.2009) The contracting authorities shall state

the data referred to in Paragraphs (3) and (4) in the cover letter and on the magnetic, optic or

other data storage medium inscribed accordingly and dispatched to the Agency or, where the

document is dispatched by electronic mail, also in the "Regarding" field of the electronic message

as transmitted.

(6) (New, SG No. 86/2010) The notification letters which contain the information referred

to in Item 13 of Article 5 (1) herein shall be dispatched to the Agency in one of the manners

specified in Item 2 or 3 of Paragraph (1).

Article 7. (1) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, SG No.

17/2012, effective 26.02.2012, corrected, SG No. 20/2012) The contracting authorities shall

dispatch the documents referred to in Item 1 (a) and (e), Items 4, 6, 8 and 9 of Article 5 (1) and

Items 1 and 2 of Article 5 (2) herein within seven days after the date of:

1. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, SG No. 17/2012,

effective 26.02.2012, corrected, SG No. 20/2012) issuing of the relevant decision: in the cases

under Item 1 (a) and (e), Items 4, 6, and 8 of Article 5 (1) and Items 1 and 2 of Article 5 (2)

herein;

2. conclusion of the contract or of the framework agreement: in the cases under Item 9 of

Article 5 (1) herein;

3. (repealed, SG No. 86/2010);

4. (repealed, SG No. 17/2012, effective 26.02.2012).

(2) (Repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010, amended, SG No.

17/2012, effective 26.02.2012) The information referred to in Item 14 of Article 5 (1) herein shall

be dispatched within three days after learning the relevant circumstance related to an appeal of

the procedure.

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(3) (Repealed, SG No. 17/2012, effective 26.02.2012).

Article 8. (Amended, SG No. 86/2010) The Commission on Protection of Competition shall

dispatch the decisions and rulings referred to in Article 122m of the Public Procurement Act, as

well as the decisions referred to in Article 127a (2) of the Public Procurement Act, to the Agency

by electronic means.

Article 9. (1) The contracting authorities which have created a buyer profile shall be

responsible for the updating and veracity of the information on public procurements published

thereon.

(2) The access to the buyer profile shall be free of charge and may not be contingent on the

introduction of payments or other technical conditions.

Article 9a. (New, SG No. 17/2012, effective 26.02.2012) (1) The call for tenders referred to

in Item 7a of Article 5 (1) herein shall be published on the Public Procurement Portal by an

authorized user by means of direct entry using special application software provided by the

Agency. Each call for tenders shall be assigned a unique code and shall indicate the buyer profile

whereon the said call can be found.

(2) As an exception, where the contracting authority cannot publish the call for tenders on

the buyer profile thereof, the said authority shall publish the said call on another Internet address

which the said authority shall indicate in the call referred to in Paragraph (1).

(3) In the call for tenders published on a buyer profile or on another Internet address, as the

case may be, the contracting authority shall indicate the unique code whereunder the said call has

been published on the Public Procurement Portal.

(4) The call for tenders shall be publicly accessible on the Public Procurement Portal for a

period of seven days reckoned from the day next succeeding the date of publication. Where the

contracting authority has indicated a longer period in the call, the said authority shall be obligated

to make the said call publicly accessible for the said period on the buyer profile or on the Internet

address, as the case may be.

(5) Upon change of the terms and conditions as initially announced or where the necessity

to award the procedure is eliminated, the contracting authority shall withdraw the public call for

tenders by entering a note in the relevant field of the call as published on the Public Procurement

Portal. The call shall simultaneously be deleted on the buyer profile or on the Internet address

whereon the said call has been published, as the case may be.

(6) Upon change of the terms and conditions as initially announced, the contracting

authority shall publish a new call for tenders according to the procedure established by

Paragraphs (1) to (4).

Section III

Statistical Reports

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Article 10. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009).

Article 11. (Effective 1.01.2007, SG No. 53/2006) Annually, not later than the 31st day of

October, the Executive Director of the Agency shall transmit to the European Commission an

annual statistical report containing summarized data on the activity of contracting authorities for

the last preceding year.

Section IV

Disclosure of Information by Agency

Article 12. (1) (Amended, SG No. 86/2010) The Agency shall disclose the information

related to the conduct of public procurement award procedures through the Public Procurement

Portal.

(2) The Agency may furthermore disclose information related to the operation thereof by

means of catalogues, periodic bulletins, brochures, reports, elaborations and other specialized

publications in the sphere of public procurement.

Article 13. (1) (Amended, SG No. 86/2010) The Agency shall provide access, through the

Public Procurement Portal, to:

1. the Public Procurement Register;

2. (amended, SG No. 3/2009, effective 1.01.2009) methodological guidelines issued by the

Executive Director of the Agency under Item 1 of Article 19 (2) of the Public Procurement Act;

3. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 93/2009, effective 24.11.2009,

supplemented. SG No. 86/2010) the consolidated versions of the standard forms endorsed by the

European Commission, by the Minister of Economy, Energy and Tourism and by the Executive

Director of the Agency;

4. lists of contracting authorities;

5. (amended, SG No. 3/2009, effective 1.01.2009) a list of persons whom contracting

authorities may recruit as outside experts upon conduct of public procurement award procedures;

6. (amended, SG No. 17/2012, effective 26.02.2012) the public calls for tenders referred to

in Article 101b (1) of the Public Procurement Act;

7. (new, SG No. 3/2009, effective 1.01.2009) a list of persons in respect of whom

non-performance of a public procurement contract has been ascertained by an effective judgment

of court;

8. (new, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective

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26.02.2012);

9. (renumbered from Item 7, SG No. 3/2009, effective 1.01.2009) any other information

related to public procurement.

(2) (Amended, SG No. 3/2009, effective 1.01.2009) The list referred to in Item 5 of

Paragraph (1) may furthermore include persons whose licensed competence has been attained or

is recognized in a Member State of the European Union.

(3) (Repealed, SG No. 3/2009, effective 1.01.2009).

Chapter Three

PUBLIC PROCUREMENT REGISTER

Section I

General Dispositions

Article 14. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The Public Procurement

Register, hereinafter referred to as "the Register," shall constitute an integral electronic database.

(2) The Register shall collect and store information related to public procurement for the

purpose of ensuring public openness and transparency regarding the public procurement award

process.

(3) The information regarding the circumstances subject to entry into the Register shall be

provided by the contracting authorities according to the procedure provided established by

Article 6 (1) and (2) herein.

(4) (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective

26.02.2012).

(5) (New, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective

26.02.2012).

Article 15. (Amended, SG No. 86/2010) The Register shall be open to public inspection and

access to the information contained therein shall be free.

Section II

Keeping of the Register

Article 16. (1) A record bearing a unique identification number shall be opened in the

Register in respect of each public procurement contracting authority, and all subsequent entries

shall be made on the said record.

(2) (Amended, SG No. 17/2012, effective 26.02.2012) The unique identification number

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shall constitute the consecutive number of the entry of the contracting authority into the Register.

Article 17. (1) (Redesignated from Article 17, SG No. 17/2012, effective 26.02.2012) Each

public procurement shall be entered into the Register under a unique number which shall consist

of three parts as follows:

1. first part: number of the record of the contracting authority;

2. second part: year of the decision to initiate the public procurement;

3. third part: a four-digit figure which constitutes a service number of the consecutive entry

of the public procurement of the relevant contracting authority for the year and which is

automatically generated by the electronic database.

(2) (New, SG No. 17/2012, effective 26.02.2012) Information on the current status of each

procurement shall be contained in the Register, and each procurement shall be assigned a status

as follows:

1. open: the deadline for submission of a tender/a request to participate in the procedure has

not expired;

2. suspended: information under Item 14 of Article 5 (1) herein has been dispatched on an

appeal lodged against a decision, action or omission of the contracting authority, accompanied by

a request for the imposition of an interim measure of suspension of the procedure;

3. terminated: a decision on termination of the procedure has been adopted;

4. closed: the deadline for submission of a tender/a request to participate in the procedure

has not expired;

5. awarded: information on a contract concluded has been published;

6. cancelled: where the decision to initiate the procedure has been revoked or has been

declared null by an enforceable decision of an appeal authority;

7. unknown: from the initiation of negotiated procedures without publication of a contract

notice to publication of information on a contract concluded or on termination.

(3) (New, SG No. 17/2012, effective 26.02.2012) Where the public procurement is

subdivided into several lots of different current status, "in part" shall be added to the information

covered under Paragraph (2).

Article 18. (1) Subsequent entries of new circumstances related to the record of the

contracting authorities shall be made without affecting the information contained in the preceding

entries and shall be noted as "official entry."

(2) Where a circumstance entered is deleted, a note of the deletion of the entry shall be

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made in the relevant field while information on the initial circumstance shall be preserved.

(3) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012)

Outside the possibilities for a change under Article 27a of the Public Procurement Act, any

spelling mistakes and technical errors made by the contracting authorities upon completion of

other standard forms shall be corrected by means of a technical edit after receipt of a request from

the relevant contracting authority. A technical edit of the decision on change referred to in Article

27a (3) of the Public Procurement Act shall be inadmissible.

(4) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012)

Any errors made in the process of entering shall be corrected by entering the correct text in the

relevant field of the Register, accompanied by an explanatory note "technical edit" Corrections

shall be made without affecting the information contained in the preceding entries.

(5) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012)

The request referred to in Paragraph (3) shall be sent by post, by telefax, by electronic mail

accompanied by an electronic signature, or shall be communicated by telephone within five days

after the date of publication of the relevant document.

(6) Where the request is communicated by telephone, the contracting authority must

confirm the said request in writing before expiry of the time limit referred to in Paragraph (5).

(7) (New, SG No. 3/2009, effective 1.01.2009) Where the request has been sent after the

time limit referred to in Paragraph (5), it shall not be examined in substance.

(8) (Renumbered from Paragraph (7) and amended, SG No. 3/2009, effective 1.01.2009,

repealed, SG No. 17/2012, effective 26.02.2012).

Article 19. (1) The Public Procurement Register shall be kept and maintained in a manner

guaranteeing protection of information in the system against destruction, unauthorized

modification and use.

(2) Protection of the information shall be ensured by means of the periodic current

archiving of the said information.

Article 20. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The Register shall contain

information on the public procurement award procedures initiated during the last preceding five

years.

(2) Upon the lapse of the period referred to in Paragraph (1), the information shall be

archived according to a procedure established by the Executive Director of the Agency.

(3) (Amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 17/2012,

effective 26.02.2012) As an exception, where public procurement contracts, framework

agreements or dynamic purchasing systems have a period of validity exceeding five years, as well

as in respect of contracts concluded as a result of a negotiated procedure without publication of a

contract notice, the information thereon shall be archived one year after receipt of the information

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referred to in Item 10 of Article 5 (1) herein.

Article 21. (Amended, SG No. 84/2007, SG No. 3/2009, effective 1.01.2009) Any

information for entry in the Register, which has been received on a paper-based medium, shall be

stored for a period of three years reckoned from the year of receipt of the document at the

record-keeping department of the Agency, whereafter the said information shall be archived or

destroyed according to the procedure established by the National Archives Stock Act.

Section III

Circumstances Subject to Entry into the Register

Article 22. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The following shall be

entered into the Register:

1. the identification particulars of the contracting authority:

(a) the unique identification number of the contracting authority according to Article 16

herein;

(b) the BULSTAT Code or, respectively, the Unified Identification Code (SIC):

2. the unique number of the public procurement according to Article 17 herein;

3. (amended, SG No. 86/2010) the documents referred to in Items 2 to 6, 8, 9, 11 and 12 of

Article 5 (1) and in Items 1 and 2 of Article 5 (2) herein;

4. (amended, SG No. 86/2010, corrected, SG No. 20/2012) the decisions of the contracting

authorities referred to in Item 4 (a) to (c) and (e) of Article 5 (1) herein;

5. (supplemented, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) the

information referred to in Item 10 and Item 14 of Article 5 (1) herein;

6. the opinions of the Executive Director of the Agency referred to in Article 50 (3) herein.

(2) (Supplemented, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012).

(3) (Amended, SG No. 17/2012, effective 26.02.2012) All changes in the circumstances

covered under Paragraph (1) shall likewise be subject to entry into the Register.

Chapter Four

PUBLIC PROCUREMENT AWARD PROCEDURES

Section I

Requirements to Candidates and Tenderers

(Heading amended, SG No. 3/2009, effective 1.01.2009)

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Article 23. (1) (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 86/2010).

(2) The contracting authorities shall specify the circumstances under Article 47 (2) of the

Public Procurement Act in the public procurement notice, and in a negotiated procedure without

publication of a contract notice, in the invitation to participate in the procedure.

(3) (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012).

Article 24. (1) (Amended, SG No. 3/2009, effective 1.01.2009) Where a Unified

Identification Code according to Article 23 of the Commercial Register Act is not presented, the

candidates or tenderers which or who are legal persons or sole traders shall furthermore attach to

the requests to participate or to the tenders thereof a certificate of current court registration. The

non-resident legal persons shall attach an equivalent document issued by a judicial or

administrative authority in the State where the said persons are established.

(2) (Amended, SG No. 3/2009, effective 1.01.2009) Where the participation of

subcontractors is envisaged for performance of the public procurement, the request to participate

or the tender shall state the subcontractors, the percentage of the total value and the specific part

of the subject matter of the public procurement that will be performed by each subcontractor.

(3) Where the subject matter of the public procurement necessitates a stage-by-stage

performance, the tender shall state the specific stages and the time limits for performance of each

stage.

(4) (New, SG No. 17/2012, effective 26.02.2012) The documents which the tenderers

submit under Article 68 (9) of the Public Procurement Act may attest, inter alia, facts which have

occurred after the deadline for submission of tenders.

Section II

Obligations of Public Procurement Contracting Authorities

Article 25. The decisions of the contracting authorities, with the exception of such decisions

referred to in Article 25 (1) of the Public Procurement Act, must furthermore state:

1. the number and date of the decision to initiate the public procurement award procedure

or to organize the design contest;

2. (amended, SG No. 17/2012, effective 26.02.2012) the date of the public procurement

notice as published, except in the cases of a negotiated procedure without publication of a

contract notice.

Article 26. (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, repealed, SG

No. 17/2012, effective 26.02.2012).

Article 27. Where a contracting authority has used a particular currency when indicating the

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estimated value of the public procurement in the notice, the said contracting authority shall be

obligated to use the same currency in all cases when indicating a value for the relevant

procurement.

Article 28. (Repealed, SG No. 3/2009, effective 1.01.2009).

Article 29. (Amended, SG No. 3/2009, effective 1.01.2009) Where a member of the

commission for the conduct of a public procurement procedure has been removed by reason of

existence of any circumstances covered under Article 35 (1) of the Public Procurement Act, the

steps taken by the said member after occurrence of the established circumstances shall be ignored

and shall not be recorded in the relevant memorandum or report on the work of the commission.

Section III

Rules for Conduct of Certain Procedures

Article 30. (1) (Amended, SG No. 3/2009, effective 1.01.2009) In the event of any

discrepancy between the description of the subject matter of the public procurement and the code

according to the Common Procurement Vocabulary (CPV) as stated in the notice, the data of the

description of the object of the procurement shall be considered to be valid.

(2) In the event of any discrepancy between the place of performance of the public

procurement, stated in words, and the code entered in the notice according to the Nomenclature

of Territorial Units for Statistics in Bulgaria (NUTS), the place of performance as stated in words

shall be considered to be valid.

Article 31. (1) Where the contracting authorities use an electronic auction referred to in

Article 16b (1) of the Public Procurement Act, the said authorities shall state this circumstance in

the public procurement notice.

(2) The conduct of an electronic auction shall be based on:

1. new prices, when the contract is awarded to the lowest price;

2. new prices and/or new values of the features of the tenders indicated in the

specifications, when the contract is awarded to the most economically advantageous tender.

(3) Upon use of an electronic auction, the specifications shall furthermore include:

1. the features of the tender whereof the values will be the subject of electronic auction;

these features must be quantifiable and expressible in figures or in percentages;

2. the limits on the values of the features referred to in Item 1, which may be submitted;

3. the information which will be made available to the tenderers in the course of the

electronic auction, as well as when the said information will be made available thereto;

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4. the information concerning the procedure for conduct of the electronic auction;

5. the conditions whereunder the tenderers may submit new bids, including the minimum

difference in the features which will be required when bidding;

6. the information concerning the electronic equipment used, as well as the arrangements

and technical specifications for connection thereto.

Article 32. (1) Upon conduct of an electronic auction, the commission shall make an initial

evaluation of the tenders.

(2) The evaluation referred to in Paragraph (1), as well as the evaluation during the

electronic auction, shall be made in accordance with the criterion set in the notice under Article

37 (1) of the Public Procurement Act.

Article 33. (1) After making an initial evaluation of the tenders under Article 32 herein, the

contracting authority shall invite simultaneously all tenderers who have submitted admissible

tenders to participate in an electronic auction.

(2) The invitation shall be dispatched by electronic means, accompanied by an electronic

signature, and shall state:

1. a proposal to the tenderers to submit new prices or new values of the features

conforming to the criterion for evaluation of tenders;

2. the procedure for connection to the electronic equipment used;

3. the date and time of the start of the electronic auction;

4. the manner of closing of the electronic auction.

(3) When the contract is to be awarded on the basis of the most economically advantageous

tender, the invitation referred to in Paragraph (1) shall furthermore contain:

1. the initial evaluation of the relevant tender under Article 32 (1) herein;

2. the mathematical formula to be used in the electronic auction to determine automatic

rerankings on the basis of the new prices and/or new values submitted; the said formula shall

incorporate the weighting of all the criteria fixed to determine the most economically

advantageous tender, as indicated in the public procurement notice or in the specifications;

3. the ranges reduced to a specified value for determination of the specific features, needed

to calculate the formula.

(4) When the contract is to be awarded on the basis of the most economically advantageous

tender and the contracting authority has authorized variants, each variant shall be evaluated

separately according to the formula referred to in Item 2 of Paragraph (3).

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(5) The electronic auction may take place in a number of successive phases.

(6) The electronic auction may not start sooner than two working days after the date on

which invitations are sent out.

(7) The conduct of the electronic auction shall be organized in a manner enabling each

tenderer to ascertain the relative ranking thereof at any moment.

(8) Information concerning prices or values submitted by other tenderers in the course of

the auction may be communicated to the tenderers, provided that this is stated in the

specifications.

(9) The number of tenderers may be announced during each phase of the electronic auction.

(10) The provision of information under Paragraphs (8) and (9) may not lead to disclosure

of the identities of the tenderers during any phase of an electronic auction.

Article 34. (1) The electronic auction shall be closed:

1. on the date and at the time indicated in the invitation, or

2. where no more new proposals are received after the time set in the invitation elapses, or

3. when the number of phases in the electronic auction, as fixed in the invitation, has been

completed.

(2) After closing an electronic auction, the commission shall draw up a memorandum on

the conduct of the said auction, which shall contain:

1. the composition of the commission;

2. a list of the tenderers;

3. (amended, SG No. 3/2009, effective 1.01.2009) the results of the evaluation and a

ranking of the tenderers;

4. the date of drawing up of the memorandum.

(3) The contracting authority shall select a supplier, contractor or service provider of the

public procurement and shall conclude a contract therewith according to the procedure

established by Articles 73 and 74 of the Public Procurement Act.

Article 35. In a competitive dialogue, the commission shall conduct a dialogue with each

candidate separately and may discuss tenders made by other candidates solely with the written

consent on their part.

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Article 36. (1) In the notice of initiation of a competitive dialogue procedure, the

contracting authority may state that the dialogue with the candidates will be conducted in

successive stages, provided there is a sufficient number of tenders, in order to ensure that there is

genuine competition.

(2) In the cases referred to in Paragraph (1), the number of tenders shall be reduced after

they are presented in writing by the candidates and after they are evaluated by applying the award

criteria in the contract notice and/or the descriptive document.

Article 37. In the contract notice or in the descriptive document in a competitive dialogue

procedure, the contracting authority may provide for prizes or payments to the candidates who

have participated in the dialogue.

Article 38. (1) (Amended, SG No. 17/2012. effective 26.02.2012) In the cases referred to in

Item 11 of Article 90 (1) and Item 9 of Article 103 (2) of the Public Procurement Act, where the

subject matter of a public procurement is the supply of goods specified according to a list in the

Annex hereto, the public procurement contract shall be concluded on the commodity exchange at

a separate exchange round according to the procedure established by the Commodity Exchanges

and Wholesale Markets Act.

(2) (Amended, SG No. 3/2009, effective 1.01.2009) The list referred to in Paragraph (1)

shall state:

1. code according to the Common Procurement Vocabulary (CPV);

2. supplementary code, if any, and the description thereof according to the Common

Procurement Vocabulary (CPV);

3. description of the goods.

Article 39. (Amended, SG No. 3/2009, effective 1.01.2009) In the decision to initiate a

negotiated procedure without publication of a contract notice, the contract authorities shall

furthermore indicate the persons who will be invited to participate in the negotiations, except in

the cases under Items 11 and 12 of Article 90 (1), as well as in the cases under Items 9 and 11 of

Article 103 (2) of the Public Procurement Act.

Section IV

Exchange of Information upon Conduct of Public Procurement Award

Procedures

(Heading amended, SG No. 3/2009, effective 1.01.2009)

Article 40. (Amended, SG No. 3/2009, effective 1.01.2009) Upon dispatch of the notice by

electronic means, shortening of the time limits for receipt of tenders or requests to participate

shall be admissible where the notice is dispatched according to the procedure established by Item

5 of Article 6 (1) herein.

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Article 40a. (New, SG No. 3/2009, effective 1.01.2009) (1) (Repealed, SG No. 17/2012,

effective 26.02.2012).

(2) Where applicable, the documents sent according to the procedure established by Item 5

of Article 6 (1) herein may be forwarded ex officio by the Agency to the Official Journal of the

European Union at the request of the contracting authority if the general conditions for provision

of the e-Sender service, endorsed by the Executive Director of the Agency, have been complied

with.

Article 41. (1) Where the contracting authority provides for a possibility to receive tenders

by electronic means or requests to participate by electronic means, by telefax or by telephone, the

said authority shall state this circumstance in the public procurement notice or in the contract

documents.

(2) The tenders and the requests to participate, dispatched by electronic means, shall be

drawn up according to the requirements of the Electronic Document and Electronic Signature

Act.

(3) The requests to participate received by telephone and by telefax shall be filed by a

person authorized by the contracting authority in a register which shall contain:

1. registration number;

2. date and time of receipt of the telephone call or of the telefax message;

3. particulars of the person who submits the request;

4. description of the document received by telefax.

(4) (Amended, SG No. 17/2012, effective 26.02.2012) The register referred to in Paragraph

(3) shall be kept in an electronic form or on a paper-based medium.

Article 42. (1) Upon dispatch of a request to participate by telefax, the candidates shall be

obligated to adjust the facsimile machine in a manner which enables the contracting authority to

obtain:

1. the number wherefrom the request to participate is received;

2. date and time of dispatch.

(2) Any requests to participate, which do not contain the data covered under Paragraph (1),

shall not be considered to be in a good and due form and shall not be entered into the register

referred to in Article 41 (3) herein.

(3) Any requests to participate, received by telefax, shall be stored by the contracting

authority together with the documents on the conduct of the procedure.

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Article 43. (Supplemented, SG No. 17/2012, effective 26.02.2012) In the cases referred to

in Article 58a (5) of the Public Procurement Act, the decisions dispatched by telefax or by

electronic means shall be presumed to be validly served if sent to the telefax number or electronic

mail address named by the addressee and if an automatically generated message confirming the

dispatch has been received.

Article 44. (1) The contracting authorities shall be obligated to ensure preservation of the

confidentiality of the information contained in the requests to participate received by telephone or

by telefax.

(2) The authorized persons referred to in Article 41 (3) herein shall sign a declaration

referred to in Article 35 (3) of the Public Procurement Act.

(3) Upon occurrence of any of the circumstances covered under Article 35 (1) of the Public

Procurement Act in respect of the persons referred to in Paragraph (2), the said persons shall be

obligated to inform forthwith the contracting authority, which shall designate another person.

Article 45. (1) Where any tenders or requests to participate are submitted by electronic

means, the contracting authority shall be obligated to ensure:

1. the integrity of the data submitted;

2. the confidentiality of the tenders or requests to participate until the moment of the

opening thereof.

(2) Any tenders or requests to participate, dispatched by electronic means, shall be

considered to be received by the contracting authority after the registration of the said tenders or

requests in the electronic system thereof is confirmed to the sender by an electronic message.

Article 46. (1) Where the contracting authority provides for a possibility for receipt of

tenders or requests to participate by electronic means, the said authority must have the required

equipment and software which make the receipt of such tenders or requests possible without

disclosure of the content thereof. In such case, only the data referred to in Article 41 (3) herein,

required for filing of the tender or request to participate in a register, must be visible.

(2) The tenders or requests to participate, received according to the procedure established

by Paragraph (1), shall not be opened until the day appointed for the examination thereof by the

commission.

(3) The contracting authority shall authorize an official who shall register and store the

requests to participate and tenders received by electronic means. The said official shall sign a

declaration referred to in Article 35 (3) of the Public Procurement Act.

Article 47. (Amended, SG No. 86/2010) (1) The selection documents, the procurement

performance proposal and the price tendered as part of a tender submitted by electronic means

shall mandatorily be dispatched according to the procedure established for submission of the

entire tender by three separate electronic messages which contain an indication that the said

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document appertains to the relevant part of the tender according to Article 57 (2) of the Public

Procurement Act.

(2) The provisions of Articles 68 to 72 of the Public Procurement Act shall apply upon the

examination, evaluation and ranking of any tenders submitted by electronic means.

Section V

Public Procurement Contracts

Article 48. (1) The persons selected as suppliers, contractors or service providers must meet

the requirements covered under Article 47 (1), (2) and (5) of the Public Procurement Act at the

time of conclusion of the public procurement award contract.

(2) The contracting authority shall terminate the procedure or shall select the second

highest ranked tenderer as a supplier, contractor or service provider when the tenderer selected as

a supplier, contractor or service provider declines to conclude the contract. A failure to appear

within the time limit set by the contracting authority shall likewise be considered to be a decline,

unless the failure to appear is for valid reasons.

(3) Where the contracting authority selects the second highest ranked tenderer as a supplier,

contractor or service provider, the said authority shall invite the said tenderer to conclude a public

procurement contract within three days after ascertainment of the circumstances referred to in

Paragraph (2).

Article 49. (1) Where the selected supplier, contractor or service provider is an

unincorporated combination of natural and/or legal persons and the contracting authority has not

provided in the notice for a requirement to establish a legal person, the public procurement

contract shall be concluded after the supplier, contractor or service provider presents to the

contracting authority a certified copy of a certificate of tax registration and BULSTAT

registration of the combination established.

(2) In the cases referred to in Paragraph (1), if the combination consists of non-resident

natural and/or legal persons, the said persons shall present an equivalent document on registration

from the State where the said persons are established.

Chapter Five

(Amended, SG No. 3/2009, effective 1.01.2009)

EX ANTE CONTROL

Section I

(New, SG No. 17/2012, effective 26.02.2012)

Ex Ante Control over Procedures Financed by Resources of European Union

Funds

Article 49a. (New, SG No. 17/2012, effective 26.02.2012) (1) For the exercise of ex ante

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control under Item 22 of Article 19 (2) of the Public Procurement Act, the contracting authority

shall dispatch to the Agency:

1. the draft of a contract notice and, where applicable, the draft of a decision;

2. information on ex ante control, which shall contain the drafts of methods, in the cases

where the criterion of the most economically advantageous tender applies.

(2) The documents referred to in Paragraph (1) shall be dispatched with a cover letter

which shall contain the following information:

1. name of the contracting authority;

2. object and subject matter of the public procurement;

3. type of procedure;

4. estimated value of the procurement;

5. the operational programme which provides the financing;

6. listing of the attached files;

7. name and position of the person who dispatches the documents.

(3) The documents referred to in Paragraph (1), completed in endorsed standard forms,

shall be sent by electronic mail as files attached to the cover letter, which shall be signed using an

electronic signature. The address whereat the said documents are to be sent shall be published on

the Portal of the Agency.

(4) The documents dispatched according to the procedure established by Paragraph (3)

shall be considered to be received at the Agency after the registration of the said documents in the

record-keeping system thereof is confirmed to the sender by an electronic message.

(5) Where it is established that not all documents necessary for the exercise of control have

been dispatched or that the procedure referred to in Paragraph (3) has not been complied with, the

documents shall be returned to the contracting authority by electronic mail for curing the

omissions.

(6) After preparation of the opinion referred to in Article 20a (3) of the Public Procurement

Act, the said opinion shall be sent to the contracting authority by electronic mail, signed using an

electronic signature.

(7) Simultaneously with the dispatch of the decision and the notice on the initiation of the

procedure for publication in the Register, the contracting authority shall also dispatch to the

Agency the document referred to in Item 2 of Paragraph (1). Where applicable, the said document

shall contain the approved methods for evaluation and/or reasons in writing referred to in Article

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20a (4) of the Public Procurement Act.

(8) After preparation of a conclusive report on legal conformity, the said report shall be sent

to the contracting authority and to the authorities referred to in Article 20a (6) of the Public

Procurement Act by electronic mail, signed using an electronic signature.

(9) Each stage of the ex ante control shall be performed on a single occasion.

Section II

(New, SG No. 17/2012, effective 26.02.2012)

Ex Ante Control over Negotiated Procedures without Publication of Contract

Notice

Article 50. (Effective 1.01.2007, SG No. 53/2006, amended, SG No. 3/2009, effective

1.01.2009) (1) The ex ante control, referred to in Item 24 of Article 19 (2) of the Public

Procurement Act, shall be a verification of the conformity of the reasons contained in the

decision to initiate a procedure with the accompanying evidence for the purpose of establishing

the legal conformity of the choice of the negotiated procedure without publication of a contract

notice.

(2) The evidence, together with the invitation referred to in Item 7 of Article 5 (1) herein,

shall be sent to the Agency simultaneously with the decision to initiate a procedure. Where the

decision has been sent according to the procedure established by Item 5 of Article 6 (1) herein,

the invitation and the evidence shall be dispatched in one of the manners specified in Items 2 and

3 of Article 6 (1) herein.

(3) (Amended and supplemented, SG No. 86/2010) The verification referred to in

Paragraph (1) shall be concluded by the preparation of an expert opinion, which shall be

approved by the Executive Director of the Agency.

(4) The opinion shall contain a conclusion regarding the conformity of the choice of a

procedure with the requirements of the law and shall be prepared solely on the basis of the

evidence produced with the decision.

(5) The opinion shall be published in the Public Procurement Register within seven

working days after receipt of the decision.

(6) The opinion shall not be binding on the contracting authority, but where the opinion

contains findings of a legal non-conformity and the procedure is completed by conclusion of a

public procurement contract, the Executive Director of the Agency shall notify the authorities

referred to in Article 123 (1) of the Public Procurement Act.

Article 51. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009).

Article 52. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

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1.01.2009).

Article 53. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009).

Article 54. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009).

Article 55. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009).

Chapter Five A

(New, SG No. 17/2012, effective 26.02.2012)

CLEARANCE OF AGENCY'S METHODOLOGIAL DIRECTIONS WITH

CONTROL AUTHORITIES

Article 55a. (New, SG No. 17/2012, effective 26.02.2012) (1) Upon ascertainment of

disparate practice of contracting authorities in applying the Public Procurement Act and the

relevant statutory instruments of secondary legislation, the Executive Director of the Agency, the

President of the Bulgarian National Audit Office or the Director of the Public Financial

Inspection Agency may initiate a clearance procedure for the issuance of a methodological

direction under Item 1 of Article 19 (2) of the Public Procurement Act.

(2) The questions raised shall be considered by an expert group which shall comprise two

representatives of the administration of each of the authorities referred to in Paragraph (1),

designated by an order of the competent head. The said expert group shall meet when necessary

but not more frequently than once a month, in a permanent composition. In the absence of a

regular member of the group, the said member shall be substituted by an extra member.

(3) Minutes of proceedings shall be taken at each meeting, stating an opinion of the experts

on the questions considered. The said minutes shall be signed by all experts who attended the

meeting. Should an expert disagree with the opinion expressed in the minutes, the said expert

shall append a dissenting opinion to the said minutes.

(4) On the basis of the minutes of proceedings referred to in Paragraph (3), the Agency

shall prepare a draft of a methodological direction, which shall be dispatched for clearance to the

heads of the authorities referred to in Article 123 (1) of the Public Procurement Act.

(5) The methodological direction cleared according to the procedure established by

Paragraph (4) shall be endorsed by the Executive Director of the Agency and shall be published

on the Public Procurement Portal.

Chapter Six

ADMINISTRATIVE PENALTY PROVISIONS

Article 56. The blameworthy persons and the persons who or which have suffered the

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commission of any violation of these Regulations shall be penalized under Article 32 of the

Administrative Violations and Sanctions Act.

Article 57. (1) The written statements ascertaining violations under these Regulations shall

be drawn up by officials of the Public Financial Inspection Agency within six months after the

day on which the offender is detected but not later than three years after the commission of the

said violation.

(2) The penalty decrees shall be issued by the Minister of Finance or by officials authorized

thereby.

(3) The ascertainment of violations, the issuing, appeal against and execution of penalty

decrees shall follow the procedure established by the Administrative Violations and Sanctions

Act.

FINAL PROVISION

Sole Paragraph. These Regulations are adopted in pursuance of § 150 (1) of the

Transitional and Final Provisions of the Act to Amend and Supplement the Public Procurement

Act.

Council of Ministers Decree No. 342 of 30 December 2008 Amending

and Supplementing Statutory Instruments of the Council of Ministers

(SG No. 3/13.01.2009, effective 1.01.2009)

TRANSITIONAL AND FINAL PROVISIONS

§ 5. Any small public procurement award procedures, in respect of which a decision to

initiate the said procedures has been adopted prior to the entry into force of § 2 of this Decree,

shall be concluded according to the hitherto effective procedure.

§ 6. This Decree shall entry into force as from the 1st day of January 2009.

Council of Ministers Decree No. 38 of 23 February 2012 Amending and

Supplementing Statutory Instruments of the Council of Ministers

(SG No. 17/2012, effective 26.02.2012)

TRANSITIONAL AND FINAL PROVISIONS

§ 5. Any small public procurement award procedures, including any procedures referred to

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in Article 2 of the Ordinance on the Award of Small Public Procurements, which have been

initiated prior to the entry into force of § 2 of this Decree, shall be concluded according to the

hitherto effective procedure.

§ 6. In the summarized information for 2012, referred to in Article 44 (10) of the Public

Procurement Act, contracting authorities shall include information about the resources spent on

public procurements awarded according to the procedure established by Article 2 of the

Ordinance on the Award of Small Public Procurements, for the period commending on the 1st

day of January and ending on the 26th day of February 2012, as well as the procedures whereto

§ 5 of this Decree is applicable.

........................................................................

Annex to Article 38 (1)

(Amended, SG No. 3/2009, effective 1.01.2009,

supplemented, SG No. 27/2011,

amended, SG No. 17/2012, effective 26.02.2012)

CPV code

PUBLIC

PROCUREMENT

SUBJECT

MATTER

Supplementary

code

Supplementary

code description

1

2

3

4

5

03211100-4

Wheat

03211110-7

Durum

wheat

03211120-0

Soft wheat

03211200-5

Maize

03211300-6

Rice

03211400-7

Barley

03211500-8

Rye

03211600-9

Oats

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03221210-1 Beans

03221211-8

Broad beans

03221212-5

Green beans

03221213-2

Runner

beans

03413000-8

Fuel wood

09240000-3

Oil and

coal-related

products

09200000-1

Petroleum,

coal and oil

products

09111000-0

Coal and

coal-based fuels

09111100-1

Coal

09100000-0

Fuels

09111200-2

Coal-based

fuels

09121000-3

Coal gas,

mains gas or

similar gases

09111210-5

Hard coal

09111220-8

Briquettes

09110000-3

Solid fuels

09111300-3

Fossil fuels

09111400-4

Wood fuels

14430000-4

Evaporated

salt and pure

sodium chloride

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34927100-2 Road salt

15111100-0

Beef

15112100-7

Fresh poultry

15113000-3

Pork

15411200-4

Cooking oil

15511100-4

Pasteurised

milk

15612100-2

Wheat flour

15612110-5

Wholemeal

flour

15612120-8

Breadmaking

flour

15612130-1

Plain flour

15612150-7

Pastry flour

15612190-9

Self-raising

flour

15831200-4

White sugar

15872400-5

Salt

44212225-2

Poles

+

BA48-3

Treated

30195000-2

Boards

+

AB13-8

Wooden

44175000-7

Panels

+

AB13-8

Wooden

09220000-7

Petroleum

jelly, waxes and

special spirits

09131000-6

Aviation

kerosene

09131100-7

Kerosene jet

type fuels

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09132100-4

Unleaded

petrol

09222000-1

Special

spirits

09130000-9

Petroleum

and distillates

09210000-4

Lubricating

agents

09134000-7

Gas oils

09134100-8

Diesel oil

09134200-9

Diesel fuel

09135000-4

Fuel oils

09135100-5

Heating oil

09211000-1

Lubricating

oils and

lubricating agents

09211100-2

Motor oils

09211200-3

Compress

oils

09211300-4

Turbine oils

09211400-5

Gear oils

09211500-6

Reductor oils

09211600-7

Oils for use

in hydraulic

systems and other

purposes

09211610-0

Liquids for

hydraulic

purposes

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09211620-3 Mould

release oils

09211630-6

Anti-corrosio

n oils

09211640-9

Electrical

insulating oils

09211650-2

Brake fluids

09211700-8

White oils

and liquid

paraffins

09211710-1

White oils

09211720-4

Liquid

paraffins

09211800-9

Petroleum

oils and

preparations

09211810-2

Light oils

09211820-5

Petroleum

oils

09120000-6

Gaseous

fuels

09122000-0

Propane and

butane

09122100-1

Propane gas

09122110-4

Liquefied

propane gas

09122200-2

Butane gas

09122210-5

Liquefied

butane gas

24327200-4

Wood

charcoal

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24327300-5

Oils and

products of the

distillation of

high-temperature

coal tar, pitch and

pitch tar

22610000-9

Printing ink

24951000-5

Greases and

lubricants

24951100-6

Lubricants

24951110-9

Drilling mud

24951120-2

Silicon

grease

24951130-5

Drilling

fluids

14700000-8

Basic metals

14711100-9

Pig iron

14621110-4

Ferro-manga

nese products

+

DA24-3

And related

articles

14711000-8

Iron

14622000-7

Steel

34946120-7

Railway

materials

+

BA37-0

Hot-rolled

34946121-4

Fishplates

and sole plates

+

BA39-6

Laminated

34946122-1

Check rails

+

BA39-6

Laminated

34947100-8

Sleepers

+

BA39-6

Laminated

44330000-2

Bars, rods,

wire and profiles

used in

+

AA06-6

Lead

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construction

44170000-2

Plates,

sheets, strip and

foil related to

construction

materials

+

AA06-6

Lead

44164310-3

Tubes and

fittings

+

AA06-6

Lead

44163000-0

Pipes and

fittings

+

AA06-6

Lead

14712000-5

Lead

+

BA14-1

Dust/powder

+

BA16-7

Flakes

44330000-2

Bars, rods,

wire and profiles

used in

construction

+

AA09-5

Zinc

44170000-2

Plates,

sheets, strip and

foil related to

construction

materials

+

AA09-5

Zinc

44164310-3

Tubes and

fittings

+

AA09-5

Zinc

44163000-0

Pipes and

fittings

+

AA09-5

Zinc

14713000-2

Zinc

+

BA14-1

Dust/powder

+

BA16-7

Flakes

+

BA14-1

Dust/powder

44330000-2

Bars, rods,

wire and profiles

used in

construction

+

AA08-2

Tin

44170000-2

Plates,

+

AA08-2

Tin

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sheets, strip and

foil related to

construction

materials

44164310-3

Tubes and

fittings

+

AA08-2

Tin

44163000-0

Pipes and

fittings

+

AA08-2

Tin

14714000-9

Tin

+

BA14-1

Dust/powder

+

BA16-7

Flakes

14715000-6

Copper

+

BA14-1

Dust/powder

+

BA16-7

Flakes

44330000-2

Bars, rods,

wire and profiles

used in

construction

+

AA04-0

Copper

44333000-3

Wire

+

AA04-0

Copper

44170000-2

Plates,

sheets, strip and

foil related to

construction

materials

+

AA04-0

Copper

14721000-1

Aluminium

+

BA14-1

Dust/powder

+

BA16-7

Flakes

44330000-2

Bars, rods,

wire and profiles

used in

construction

+

AA02-4

Aluminium

44333000-3

Wire

+

AA02-4

Aluminium

44172000-6

Sheets

(construction)

+

AA02-4

Aluminium

44174000-0

Foil

+

AA02-4

Aluminium

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44164310-3

Tubes and

fittings

+

AA02-4

Aluminium

44163000-0

Pipes and

fittings

+

AA02-4

Aluminium

44523300-5

Fittings

+

AA02-4

Aluminium

14712000-5

Lead

14713000-2

Zinc

14714000-9

Tin

44330000-2

Bars, rods,

wire and profiles

used in

construction

+

AA07-9

Nickel

44170000-2

Plates,

sheets, strip and

foil related to

construction

materials

+

AA07-9

Nickel

44172000-6

Sheets

(construction)

+

AA07-9

Nickel

44164310-3

Tubes and

fittings

+

AA07-9

Nickel

44163000-0

Pipes and

fittings

+

AA07-9

Nickel

14722000-8

Nickel

+

BA14-1

Dust/powder

+

BA16-7

Flakes

44921300-5

Limestone