RULES ON THE IMPLEMENTATION OF SIMPLE PROCUREMENT PROCEDURES

Pursuant to Article 15 of the Public Procurement Act (“Official Gazette“, no.120/16) and Article 35 Subpar. 1 Item 2 of the City of Biograd na Moru Statute (“Official Gazette” of the City of  Biograd na Moru“, nos. 5/2009, 3/2013, 8/2013 – consolidated text 4/2015), on January 18, 2017. the Mayor of the City of Biograd na Moru adopted the  

RULES ON THE IMPLEMENTATION OF SIMPLE PROCUREMENT PROCEDURES
I. GENERAL PROVISIONS
Article 1

 

In line with the legal, specified and purposeful spending of budget funds of the City of Biograd na Moru, these Rule regulate the procedure that precedes the creation of a contractual relationship for the procurement of goods, works and services of estimated value up to 200.000,00 kn for the procurement of goods and service, up to 500.000,00 kn respectfully for the procurement of works (hereinafter: simple procurement) whereby pursuant to Article 12 of the Public Procurement Act. (“Official Gazette“, no.120/16); (hereinafter: PPA 2016) there is no obligation to carry out public procurement procedures. The City of Biograd na Moru is the contracting authority in terms of Article 6 Subpar. 1 Item 2 of the PPA. In the implementation of simple procurement of goods, works and services other than this Ordinance, it is mandatory to apply other applicable laws and bylaws, as well as internal acts of the City of Biograd na Moru, which relate to a particular subject of procurement in terms of special laws.

 

Article 2

Upon carrying out the procedures referred to in this Rules, the contracting authority is obliged to respect the principles of public procurement and the possibility of using electronic means of communication in relation to all economic operators.

II. PREVENTING CONFLICT OF INTEREST
Article 3

The provisions of the chapter on conflicts of interest shall apply accordingly to Chapter 8 of the PPA 2016 and the Rules that define potential conflict of interest and the manner of acting in the City of Biograd na Moru, (“Official Gazette” of the City of Biograd na Moru“, no. 6/2015.

III. STARTING AND PREPARING THE SIMPLE PROCUREMENT PROCEDURE
Article 4

The preparation and implementation of the simple procurement procedure value equal to or greater than 100.000,00 kn for goods or services, equal to or greater than 200.000,00 kn for works respectively,  is carried out by authorized representatives of the contracting authority appointed by the mayor based an internal decision for a particular subject of procurement, and determines their obligations and powers in the simple procurement procedure. The authorized representatives of the contracting authority do not have to be employees of the contracting authority, but may be other persons if they have an influence on decision-making and / or other actions related to a particular simple procurement procedure. The obligations and powers of the authorized representatives of the contracting authority are: preparation of the procedure: agreement on the conditions related to the subject of procurement, the required content of documentation / instructions for collecting bids, technical specifications, bill of costs and other documents related to the mentioned procurement; implementation of the procedure: sending calls to economic operators to send bids in a demonstrable manner, sending and publishing calls to send bids on the contracting authority's website, opening received bids, compiling minutes on the opening, reviewing and evaluating bids, ranking bids according to the selection criteria, proposal for the selection of the most favorable bid in accordance with the criteria for selection of bids and the conditions prescribed by the documentation / instructions for the collection of bids or cancellation of the procedure. At least three (3) authorized representatives shall participate at the preparation and implementation of the simple public procurement procedure whereby at least one (1) shall have a valid certificate of the public procurement area. The preparation and implementation of the simple public procurement procedure equal to or greater than 20.000,00 kn and less than 100.000,00 kn for goods and services, less than 200.000,00 kn for works respectively, is carried out by the city administration officials by order of the mayor, according to the Procurement Plan of the client. The preparation and implementation of the simple public procurement procedure estimated value up to 20.000,00 kn is implemented in line with Article 7 of the present Rules.

Article 5

Simple procurement procedures shall be harmonized with the Procurement Plan of the contracting authority, except for the subject of procurement with an estimated value of less than HRK 20,000.00. If the subject of procurement is not planned in the Procurement Plan for the current year, the Procurement Plan shall be amended / supplemented at the same time. Upon defining the subject of procurement, the contracting authority is obliged to act in the spirit of a good businessman according to the principle of "best value for money", and in this sense the value of procurement must not be shared with the intention of avoiding the application of this Rules.

Article 6

The responsible person of the contracting authority brings the Decision on the beginning of the simple procurement procedure value equal to or greater than 20.000,00 kn, which must contain the name of the subject of procurement, the estimated value of the procurement, information on the persons conducting the procedure, and may also contain information on the bidders to whom the call to submit a bid is to be sent., and other essential data. The Module Decision on the beginning of the simple procurement procedure are an integral part of the present Rules.  (Module 1).
IV. IMPLEMENTATION OF THE SIMPLE PROCUREMENT PROCEDURE OF ESTIMATED VALUE LESS THAN 20.000,00 KN (WITHOUT PDV)

Article 7

The procurement of goods, works and services with an estimated value of less than HRK 20,000.00 is carried out by the contracting authority by issuing a purchase order or concluding a contract with one economic entity of its choice. The purchase order from the previous paragraph must contain information about the customer (address, OIB (Croatian ID number), supplier (address, OIB), ordinal number of the purchase order, name of goods / works / services with specification of units, quantity, unit prices and total prices, signature and stamp of the responsible person of the ordering party, the date of issuance of the purchase order. It may also contain information on the deadline and place of delivery, method and deadline of payment, etc. The contract referred to in paragraph 1 of this Article must contain information on the contracting parties concluding the contract, the place and date of concluding the contract, the subject of the contract and other essential components of the contract in accordance with the Civil Obligations Act. The contract is signed by the mayor.

V. IMPLEMENTATION OF THE SIMPLE PROCUREMNET PROCEDURE VALUE EQUAL TO OR HIGHER THAN 20.000,00 KN (WITHOUT PDV) UP TO THE ESTIMATED VALUE LESS THAN 100.000,00 KN (WITHOUT PDV) FOR GOODS AND SERVICES AND 200.000,00 KN (WITHOUT PDV) FOR WORKS
Article 8

The contracting authority shall send a Call for Bids to the address of at least one (1) economic operator of its choice  for the Procurement of goods and services with an estimated value equal to or greater than HRK 20,000.00, and less than HRK 100,000.00, and procurement of works with an estimated value equal to or greater than HRK 20,000.00, and less than HRK 200,000.00. Call for bids shall be sent to the address of one or more economic operators in a manner that enables proof that it has been received by the economic operator (delivery note, return receipt, successful fax report, e-mail confirmation, etc.) and must contain at least: the name of the contracting authority, description of the subject of procurement, cost estimate, estimated value of procurement, criteria for the selection of the bid, conditions and requirements to be met by bidders (if required), deadline for the submission of the bid and the method of bid submission, contact person, telephone number and e-mail address mail. The deadline for submission of bids must not be longer than eight (8) days from the date of the Call. To select a bid, one (1) received bidder that meets all the required conditions of the contracting authority is sufficient. The procurement officer implementing the procurement procedure makes a proposal for selection to the responsible person of the contracting authority. The deadline for bid selection is five (5) days from the deadline for the submission of bids, and the contracting authority is obliged to deliver a written notice of bid selection to each bidder without delay and with proof (delivery note, return receipt, report on successful sending by fax, confirmation by e-mail ). After selecting the most favorable offer, the issuance of a purchase order or the conclusion of a contract with the selected economic entity follows. The purchase order and contract are signed by the mayor.  

.VI. IMPLEMENTATION OF THE SIMPLE PURCHASE PROCEDURE OF ESTIMATED VALUE EQUAL OR GREATER THAN 100.000,00 KN (WITHOUT PDV) UP TO THE ESTIMATED VALUE OF  200.000,00 KN (WITHOUT PDV) FOR GOODS AND SERVICES AND THE ESTIMATED VALUE EQUAL OR GREATER THAN 200.000,00 KN (WITHOUT PDV) UP TO THE ESTIMATED VALUE OF 500.000,00 KN (WITHOUT PDV) FOR WORKS
Article 9

The procurement and services value equal to or greater than 100.000,00 kn up to 200.000,00 kn and the procurement of works with an estimated value equal to or greater than HRK 200,000.00 to HRK 500,000.00, the contracting authority shall carry out by sending a Call for Bids to the address of at least three (3) economic operators of its choice. The contracting authority can. At the same time of sending Calls for bids publish the call on the website of the City of  Biograd na Moru where it must be accessible for at least thirty (30) days form the date of publication. Bids submitted on the basis of a Call for Bids published on the website of the City of Biograd na Moru shall be considered under the same conditions as bids submitted on the basis of a Call for Bids sent to economic operators of the City’s choice. .Exceptionally, depending on the nature of the subject of procurement and the level of market competition, the Call for Bids may be sent to at least one (1) economic operator without publication on the website of the City of Biograd na Moru, in cases such as: (1) when required by technical or artistic reasons, in the protection of exclusive rights and on the basis of exclusive rights under special laws and other regulations, (2) in hotel and restaurant services, legal services, notary services, health services, social services, education services, consulting services, conservation services, expert services, ongoing maintenance services of shelters where the bidder is authorized to perform activities, (3) when necessary for the performance of services or works on the completion of started and related functional or spatial units, (4) in the case of procurement that requires urgency, (5) in other cases by the Decision of the contracting authority.
The Call for Bids sent to the addresses of economic operators is sent in a way that allows proof of delivery to the economic operator (delivery note, return receipt, report on successful sending by fax, confirmation by e-mail, etc.), and must contain at least: the name of the contracting authority, procurement number from the Procurement Plan, description of the subject of procurement and its cost estimate, estimated value of procurement, criteria for selection of the bid, conditions and requirements to be met by bidders (if required), deadline for submission of bids with date and time, method of bid submission, contact person, telephone number and e-mail address, and the date of publication of the invitation on the website of the City of Biograd na Moru.
The deadline for Calls must not be longer than fifteen (15) days from the day of sending the call or publishing the Call for bids. One (1) received bid that meets all the required conditions of the contracting authority is sufficient to select the bid. The Call for Bids Form (Form 2) and the Bid Sheet (Form 3) are integral parts of this Rule.

VII. REASONS FOR EXCLUSION, CONDITIONS OF CAPABILITY AND WARRANTY
Article 10

For simple procurements of estimated value equal to or greater than HRK 20,000.00, the reasons for exclusion and conditions of the bidder's ability with the appropriate application of the provisions of Articles 251 to 255 of the PPA 2016, can be specified by the contracting authority in the Call for Bids in which case all documents may be submitted as an uncertified copy, which is also considered as an uncertified printout of an electronic document. In case of doubt as to the veracity of the data in the submitted documents, the contracting authority may request the bidder to submit the originals or certified copies of these documents within a reasonable period of time, and / or contact the issuer and / or competent authorities. In all simple procurement procedures equal to or greater than HRK 20,000.00, the contracting authority may determine the existence of a debt to the City of Biograd na Moru as well as to legal entities of which the City of Biograd na Moru is the founder or co-founder.

Article 11

For simple procurement procedures with an estimated value equal to or greater than HRK 20,000.00, the contracting authority may request from economic operators a guarantee for the seriousness of the tender, a guarantee for proper fulfillment of the contract, a guarantee for the elimination of deficiencies and warranty for insurance for the covering responsibility of activities with the corresponding application of the provisions of the 2016 PPA.

VIII. RECEIPT, PREPARATION AND DELIVERY OF BIDS
Article 12

Simple procurement bids are accepted in a demonstrable manner (e-mail, telefax, personal delivery, mail and similar).

IX. OPENING, EXAMINING AND EVALUATING BIDS
Article 13

The procedure of opening the submitted bids in accordance with the provisions of the herein Article shall be performed in all procedures of simple procurement of goods and services of estimated value equal to or greater than HRK 100,000.00 and in all procedures of simple procurement of works of estimated value equal to or greater than HRK 200,000.00. The opening of bids may be public, in which case the provision of Article 282 of the 2016 PPA shall apply accordingly. In simple procurement procedures referred to in paragraph 1 of this Article, at least two (2) authorized representatives of the contracting authority shall open the bids within three (3) days deadline for submission of bids and draw up the minutes concerning the matter. In case of rejection of bids, the provisions of the 2016 PPA shall apply accordingly. The authorized representatives of the contracting authority shall review and evaluate the bids on the basis of the conditions and requirements from the Call for Bids. At least one (1) authorized representative of the contracting authority who has a valid certificate in the field of public procurement must participate in the review of bids and evaluation procedure. Minutes shall be drawn up on the procedure of review and evaluation of bids. The form of the Minutes on opening, review and evaluation of bids is an integral part of this Rule (Form 4).

X. BID SELECTION CRITERIA
Article 14

The criteria for selecting a bid are: a) the lowest price, or b) the most economically advantageous bid. If the selection criterion is the most economically advantageous bid, in addition to the price criterion, various criteria related to the subject of procurement may be used, e.g. quality, technical advantages, aesthetic and functional properties, environmental properties, operating costs, economy, delivery date and delivery deadline or execution deadline. etc., and in the minutes on the opening, review and evaluation of bids it is necessary to explain the selected bid.

XI. PROCEDURE SELECTION AND CANCELLATION
Article 15
 

In the case of simple procurement of goods and services with an estimated value equal to or greater than HRK 100,000.00 and in the case of simple procurement of works with an estimated value equal to or greater than HRK 200,000.00, the contracting authority shall issue a Notice on selection of the most favorable bid offer based on the bid selection criteria.. The notice on the selection of the most favorable bid must contain: 1. data on the contracting authority, 2. subject of procurement for which the notification is issued, 3. name of the bidder whose bid was selected for the procurement contract, 4. reasons for the rejection of bids, 5. date of adoption and signature  of the contracting authority’s responsible person. The contracting authority is obliged to deliver without delay the notice on the selection of the most favorable tender together with a copy of the minutes on the opening, review and evaluation of bids at the same time to each bidder in a demonstrable manner (delivery note, return receipt, successful fax report, e-mail confirmation, publication on the website of the contracting authority). The deadline for issuing the Notice on the selection of the most favorable bid is ten (10) days from the expiration of the deadline for submission of bids. The contracting authority acquires the conditions for concluding a procurement contract by publishing a notice on the selection of the most favorable bid by its delivery respectively The Notice on the selection of the most favorable bid is an integral part of these Rules (Form 5).

Article 16

The Contracting Authority will cancel the procedure of simple procurement of an estimated value equal to or greater than HRK 100,000.00 for goods and services and HRK 200,000.00 for works for the reasons prescribed by Article 298 of the 2016.PPA. If there are reasons for annulment of the procedure, the contracting authority shall without delay issue a Notice of annulment of the simple procurement procedure stating: 1 data on the contracting authority, 2 procurement subject, 3 notification on the annulment, 4 explanation for the annulment , 5 date of adoption of the decision on the signature of the contracting authority’s responsible person The deadline for issuing the Notice on annulment of the simple procurement procedure is ten (10) days from the expiration of the deadline for submission of bids.. The contracting authority is obliged to deliver to each bidder without delay and in a demonstrable manner (invoice, return, report on successful sending by fax, confirmation by e-mail, publication on the contracting authority's website) the notification of cancellation of the simple procurement procedure with a copy of the minutes of opening, review and evaluation of bidders . The Cancellation Notification Form is an integral part of this Ruels (Form 6).

XII. TRANSITIONAL AND FINAL PROVISIONS
Article 17

With the entry into force of these Rules, the Rules on the implementation of procedures for the acquisition of trivial value shall cease to be valid. CLASS: 406-01/14-01/01, REF.NO.: 2168/16-01-14-1, of January 2, 2014.

Article 18

The present Rules enter into force on the date of adoption and shall be published on the website of  the City of  Biograd na Moru (www.biogradnamoru.hr) and in the “Official Gazette of the City of Biograd na Moru“.

CLASS: 400-01/17-01/02 REF.NO.: 2168/16-01-17-1

In Biograd na Moru, January 8, 2017

Mayor Ivan Knez

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