Area: Finance
Competent authority: MJU
EZU URL: .nan
Initiative ID: 522
Initiative accepted and completed: '2015-05-14'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-04-02'
Initiative published: '2015-04-02'
Initiative submitted: '2015-03-30'
Response from the competent authority: Response from the Ministry of Public Administration:Under
  existing public procurement legislation, as well as under the new European directives
  in this area, an economic operator is any natural or legal person or public entity
  or group of such persons and entities, including any temporary association of undertakings,
  offering on the market the execution of works, the supply of goods or the provision
  of services.  Groups of economic operators, including temporary associations, may
  also participate in procurement procedures. Where groups of economic operators wish
  to submit a joint tender or a joint request to participate, the contracting authority
  may not require them to have a particular legal form. In this context, it is also
  necessary to clarify the fundamental principles on which public procurement is based,
  namely that the regulation, development and implementation of the public procurement
  system should be based on the principles of free movement of goods, freedom of establishment,
  free movement of services, as derived from the TFEU, and on the principles of economy,
  efficiency and effectiveness, ensuring competition between tenderers, transparency
  of public procurement, equal treatment of tenderers and proportionality. In this
  context, it is of the utmost importance that a public contract should not unduly
  restrict competition between tenderers, in particular if the public contract is
  implemented in such a way that it treats economic operators unequally. The contracting
  authority may also not restrict potential tenderers in a public procurement procedure
  by selecting and carrying out a procedure contrary to this Law and, when carrying
  out a public procurement, must comply with the rules on the protection or prevention
  of restrictions of competition.With regard to the conditions relating to economic
  and financial standing and the conditions relating to technical and professional
  ability, an economic operator may, where appropriate, use the capacities of other
  entities for a particular public contract, irrespective of the legal relationship
  between the economic operator and those entities. However, the legislation allows
  the contracting authority, in the case of public works, services and supply contracts
  involving installation or installation work, to require that certain key tasks be
  carried out directly by the tenderer itself or by a member of that group, if the
  tender is submitted by a group of economic operators.The law governing the protection
  of competition lays down whether and in what way possible distortions of competition
  occur, and in particular the follow-up to be given to any such distortions. However,
  public procurement law prohibits a contracting authority from unduly restricting
  competition by choosing inappropriate approaches, methods and mechanisms, as well
  as conditions and requirements for the conduct of the procurement procedure.
Text file: 522.txt
Title: Separate tendering in public procurement
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=522
