Area: Finance
Competent authority: MF
EZU URL: .nan
Initiative ID: 90
Initiative accepted and completed: '2013-03-29'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-02-27'
Initiative published: '2013-02-27'
Initiative submitted: '2013-02-27'
Response from the competent authority: 'Answer from the Ministry of Finance (MoF):
  "The Public Procurement Act (Official Journal of the Republic of Slovenia, No.128/06,
  16/08, 19/10, 18/11, 43/12 - Official Decree of the European Union No. US and 90/12;
  hereinafter referred to as "ZJN-2") does not oblige contracting authorities to require
  the fulfilment of technical and/or human resources conditions (references) in every
  procurement procedure, but quite the opposite. In deciding whether to require references
  and the choice of conditions and criteria, the contracting authority is limited
  by the fundamental principles of public procurement, in particular the principle
  of proportionality, the principle of equal treatment of tenderers and the principle
  of ensuring competition between tenderers. If an individual tenderer considers that
  the contracting authority has not complied with the law in these decisions, legal
  protection is provided in accordance with the Law on Legal Protection in Public
  Procurement Procedures (Official Gazette of the Republic of Slovenia, No 43/11 and
  60/11). "Response from the Ministry of Justice and Public Administration (MoJPA):In
  the framework of the "Minus 25" project (http://www.minus25.gov.si/) in July 2012,
  the Government of the Republic of Slovenia adopted a renewed Action Programme for
  the Removal of Administrative Barriers and Reduction of Regulatory Burdens for 2012
  and 2013 (http://www.minus25.gov.si/program-25/), which identifies measures to simplify
  the regulatory environment on a sector-by-sector basis. In the area of finance,
  the programme includes Action (No 3) - Reform of the public procurement system towards
  flexibility and simplification of procedures in line with the new European Directives,
  the main objectives of which are to increase the use of negotiation, introduce e-procurement
  and reduce administrative burdens. The measure aims at promoting access to public
  procurement for medium, small and micro enterprises by reducing the administrative
  burden, dividing contracts into lots and adapting tender conditions. In line with
  the objectives set out in the programme, the Ministry of Justice and Public Administration,
  in cooperation with the relevant ministries (in this case the Ministry of Finance),
  is working towards the successful implementation of the measures.'
Text file: 90.txt
Title: Public procurement and negotiation between suppliers
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=90
