Anna Prigan: articles by this author
In anticipation of the new Public Procurement Law, the market is wandering in an uncharted wilderness of digitalisation, stumbling time and again over the ill-considered consequences of rulings. Public procurement needs a signpost: permanent and specific rules in line with the regulations.
On 24 January 2019, the Ministry of Entrepreneurship and Technology presented a draft of the new Public Procurement Law. The extensive new law is intended to simplify and streamline regulations so public procurement becomes more efficient and user-friendly.
In the proposed new Public Procurement Law, the contracting authority will decide on the obligation to submit a bid bond, regardless of the value of the contract. However, the same restrictive consequences as in the current act are linked with the improper submission of a bid bond, and there are more grounds for retaining bid bonds.
National Appeals Chamber (KIO) stories: how the KIO was fooled with regard to an electronic signature
A December KIO ruling dealt with an IT aspect of the qualified electronic signature. A contractor had purchased an electronic signature from a trusted supplier, but despite this, the ESPD signed using the electronic signature was invalidated.
The approach taken in a Public Procurement Office opinion towards the issue of the form of a non-pecuniary bid bond will mean a lower number of valid bids above EU thresholds, where the bid bonds required are so high that contractors use bank guarantees.
The Public Procurement Office has announced its standpoint on the form of the power of representation to sign an electronic ESPD. The ordinary written form is sufficient.