Legislation

Amendments to the Law on Public Procurement Law,  Public-Private Partnership Law, and the Law on Procurement of Public Service Providers entered into force on 1 May 2020, adopted on 30 April 2020. The amendments provide for the following: to exclude the delegation to the Cabinet of Ministers to define requirements for construction companies regarding experience and class for the performance of public works in works groups and to cancel the mandatory application of the classification of construction companies in the case of a public works contract. In particular, those legal norms of the above mentioned Laws have been excluded, which determined the duty of the contracting authority in the case of a public works contract to require the supplier to have an appropriate qualification class specified by the regulatory enactments.

At the same time, however, the Procurement Monitoring Bureau draws attention and calls on the contracting authorities to take into account the classification of construction companies under the regulation of the Construction Law. Section 23, Paragraph one of the Construction Law states that, in order to qualify for the performance of such works, which are financed in whole or in part from the funds of a public legal person of European Union policy instruments or other foreign financial assistance, if the construction agent is a public legal person or an institution thereof, the construction company must receive a classification document.