Control over corruption and conflicts of interest will be strengthened. Suppliers found guilty of corruption, fraud, or other property crimes will be prohibited from participating in public procurement. Procurement officials and commission members are prohibited from influencing the procedure in the interests of a specific company, participating in procurement through affiliates, or making decisions based on personal interest. If such a conflict is identified, the procurement may be terminated.
Furthermore, government agencies will have to require companies to provide information about their beneficial owners and confirm their lack of affiliation.
A contract cannot be concluded if a supplier is closely related to a director, a member of the procurement committee, or an employee of the procurement department.
Planning itself is also changing. Public procurement will be planned for three years at a time, taking into account actual needs, inventory, and the institution’s strategic plans. It will be impossible to purchase goods, work, or services that are not included in the approved plan. Exceptions are provided for emergencies, accidents, and force majeure.
Before announcing a procurement, the government agency is required to conduct market monitoring and determine the planned cost. For construction, completed design and estimate documentation for the entire scope of work, having passed the required assessment, will be required, while for routine repairs, a defect report and an estimate with a list of materials will be required.
Procurement committees will also change. Their members will be randomly selected through a web portal. The committee will be able to include representatives of the public and experts. It must consist of at least three members, at least one of whom must have a specialized certificate or relevant education in procurement.
Civil society representatives will also be allowed to participate in the acceptance of already delivered goods, completed works, and services. Managers, purchasers, committee members, and those responsible for contract execution will be personally liable for any violations of their duties.
Another change concerns accessibility for people with disabilities. When procuring goods and services for the public, relevant requirements must be taken into account in the documents.
Accessibility requirements are becoming mandatory for construction and reconstruction, public transportation, information systems, and digital services.
The rules for determining the winner are changing. In the two-package procedure, qualifications and technical proposals will be assessed first, and the financial proposal will only be opened for companies that have passed the first stage. A five-business-day period will be set between the publication of the first-stage results and the opening of price proposals.
If a company offers a suspiciously low price, it may be required to justify its ability to fulfill the contract. The supplier will have two business days to respond.
The procurement is declared invalid if not enough proposals are received or all bids are rejected. After this, the contracting authority must review the price, technical requirements, and qualification criteria and conduct a new procurement.
If the winning bidder refuses to sign the contract or does not confirm their acceptance, the contracting authority will be able to move on to the next-ranked participant, rather than restarting the procurement process entirely.
The complaint handling procedure is also changing. Initially, the complaint is submitted to the procuring organization itself, which has to review it electronically within three business days. If a supplier disagrees with the decision, they can appeal to an independent commission formed by the Cabinet of Ministers.
Requirements for guarantees are being clarified. A bid security should not exceed 2 percent of the planned procurement value, while a contract performance security should not exceed 10 percent of its value.
After fulfilling obligations, the security deposit must be returned no later than seven business days.
The concept of circular procurement is also being introduced: when selecting goods, the state will be able to consider the reduction of natural resource consumption, the product’s service life, and the possibility of repair, reuse, and recycling.
The government procurement web portal will become the official state information system not only for government but also for non-government procurement, and information must be stored there for at least ten years.
Key for businesses: starting in 2027, participation in tenders will become more formalized—the state will verify company owners and their connections with customers, and more strictly monitor qualifications, prices, and contract performance. Three-year planning, personal responsibility for purchasers, and stricter requirements for tender preparation will be introduced for government agencies themselves.
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