Area: Javna uprava
Competent authority: MJU
EZU URL: .nan
Initiative ID: 870
Initiative accepted and completed: '2018-01-03'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-12-08'
Initiative published: '2017-12-08'
Initiative submitted: '2017-12-04'
Response from the competent authority: Reply from the Ministry of Public Administration:With
  regard to the petition, we would like to start by clarifying that, from the point
  of view of the competences of the Ministry of Public Administration, Directorate
  for Public Procurement, we can only reply to the part relating to public procurement,
  but not to the part relating to public tenders. The latter is a concept which is
  also too broad to guess which department is responsible for it (public calls for
  tenders for posts, calls for tenders for co-financing, etc.). Public procurement
  is primarily governed by the Public Procurement Act (Official Journal of the Republic
  of Slovenia, No 91/15, ZJN-3), which, as regards the manner in which the conditions
  and requirements of the contracting authority are to be proven in 79. Article 79
  79 of the Law on public procurement, provides that when submitting applications
  for participation or tenders, the contracting authority must accept the ESPD (which
  constitutes a self-declaration) as preliminary evidence that a given economic operator
  is not in one of the situations referred to in Article 75 of the Law on public procurement,
  which exclude or could exclude economic operators from participation in the public
  procurement procedure, and that it fulfils the relevant conditions for participation
  set out in accordance with Article 76 of the Law on public procurement.79 79. The
  ESPD thus constitutes an official declaration by the economic operator that there
  are no grounds for exclusion and that it fulfils the conditions for participation,
  while at the same time providing the relevant information requested by the contracting
  authority. In addition, the ESPD also indicates the official body or third party
  responsible for issuing the supporting documents and includes an official declaration
  that the economic operator will be able to provide these supporting documents upon
  request and without delay.  However, before awarding a public contract, the contracting
  authority must (only!) require the tenderer to whom it has decided to award the
  public contract to provide up-to-date supporting documents in accordance with Article
  77 and Article 78 of the PPA-3.  Notwithstanding the above, the economic operator
  is not obliged to provide supporting documents or other documentary evidence if
  the contracting authority can obtain the certificates or other necessary information
  free of charge by direct access to a national database of any Member State, such
  as the national public procurement register, the electronic business register, the
  electronic document storage system or the prequalification system. The economic
  operator shall also not be obliged to provide supporting documents if the contracting
  authority already has these documents in its possession as a result of a previous
  procurement or framework agreement and these documents are still valid or substantiate
  the statements made in the ESPD. However, if the contracting authority can (in accordance
  with the above) obtain the evidence directly from a database, the ESPD must also
  contain the information necessary for this purpose, in particular the website address
  of the database, identification data, if applicable, and, where necessary, the consent
  to obtain the evidence from the contracting authority.With regard to evidence in
  public procurement procedures, and in particular with regard to the use and purpose
  of the ESPD, the Ministry of Public Administration has published a series of information
  on its website for both contracting authorities and tenderers. E.g.:http://www.djn.mju.gov.si/sistem-javnega-narocanja/stalisca-ministrstva/obrazcihttp://www.djn.mju.gov.si/sistem-javnega-narocanja/stalisca-ministrstva/stalisca-ministrstvahttp://www.djn.mju.gov.si/sistem-javnega-narocanja/stalisca-ministrstva/pogosta-vprasanja-in-odgovoriO
  and also informed all contracting authorities through the DJNews (http://djn.mju.gov.si/direktorat-za-javno-narocanje/djnovice)
  in October 2017, and the news was sent to all contracting authorities via the public
  procurement portal in addition to the publication on the above-mentioned website.
Text file: 870.txt
Title: Certificates for tenders and contracts
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=870
