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Price as special criterion

On 19 October 2014, entered into force an amendment to the Public Procurement Law, under which the legislator has imposed on the ordering parties an obligation to provide other criteria than the lowest price. According to the new wording of art. 91 section 2a the price criterion can be used as the sole criterion for evaluation of tenders, only if “the subject of the procurement is available to the general public and has established quality standards”.

Introducing the abovementioned change is a response to the practice of the authorities, who usually chose as the sole criterion of public procurement procedures the criterion of the lowest price, what frequently caused that these proceedings were won by entities without any experience nor facilities to execute the job.

 

 

 

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