Regulations for Application of the Public Procurement Act

Regulations for Application of the Public Procurement Act Adopted by Council of Ministers Decree No. 150/21.06.2006. Promulgated, State Gazette No. 53/30.06.2006, effective 1.07.2006, amended, SG No. 84/19.10.2007, effective 19.10.2007, amended and supplemented, SG No. 3/13.01.2009, effective 1.01.2009, amended, SG No. 93/24.11.2009, effective 24.11.2009, amended and supplemented, SG No. 86/2.11.2010, supplemented, SG No. 27/1.04.2011, amended and supplemented, SG No. 17/28.02.2012, effective 26.02.2012, corrected, SG No. 20/9.03.2012 Text in Bulgarian: Правилник за прилагане на Закона за обществените поръчки Chapter One GENERAL DISPOSITIONS Article 1. (Amended, SG No. 3/2009, effective 1.01.2009) These Regulations regulate the terms and procedure for application of the Public Procurement Act, regarding: 1. the dispatch and publication of information on public procurements; 2. (amended, SG No. 3/2009, effective 1.01.2009) the operation of the Public Procurement Register, as well as the circumstances subject to entry therein; 3. the rules for conduct of electronic auctions; 4. (amended, SG No. 3/2009, effective 1.01.2009) exchange of information upon conduct of public procurement award procedures; 5. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) the exercise of ex ante control under Items 22 and 24 of Article 19 (2) of the Public Procurement Act and the information exchange in connection with the control under Item 22; 6. the types of commodity exchange goods whereof the supply may be effected through a negotiated procedure without publication of a contract notice; 7. (new, SG No. 17/2012, effective 26.02.2012) the publication of the call for tenders referred to in Article 101b (1) of the Public Procurement Act. Article 2. (1) The persons covered under Items 5 and 6 of Article 7 of the Public Procurement Act shall have a contracting authority capacity solely where carrying out the activities covered under Articles 7a to 7e of the Public Procurement Act. (2) The contracting authorities covered under Items 3 to 6 of Article 7 of the Public Procurement Act shall notify the Public Procurement Agency, hereinafter referred to as "the

Agency," of the acquisition or loss of a contracting authority capacity within seven days after the date of occurrence of the grounds. Chapter Two PROVISION OF INFORMATION ON PUBLIC PROCUREMENTS Section I (Repealed, SG No. 17/2012, effective 26.02.2012) Dispatch of Information to State Gazette and to the Official Journal of the European Union (Heading amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010) Article 3. (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective 26.02.2012). Article 4. (Amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). Article 4a. (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). Section II Dispatch of Information to Agency and to the Official Journal of the European Union. Buyer Profile (Heading amended, SG No. 17/2012, effective 26.02.2012) Article 5. (1) The contracting authorities covered under Items 1 to 4 of Article 7 of the Public Procurement Act shall dispatch to the Executive Director of the Agency: 1. (amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 86/2010, amended, SG No. 17/2012, effective 26.02.2012) the decisions: (a) to initiate public procurement award procedures; (b) on change under Article 27a (3) and (7) of the Public Procurement Act; (c) to terminate a public procurement award procedure; (d) to select the candidates who or which will be invited to submit tenders: in competitive dialogue; (e) to initiate and terminate design contests; 2. the prior information notices; 3. the communications of publication of the prior information notices on the buyer profile;

4. the contract notices; Act; 5. the simplified contract notices referred to in Article 93h (1) of the Public Procurement 6. the design contest organization notices; 7. (amended, SG No. 17/2012, effective 26.02.2012) the invitation to participate in a negotiated procedure without publication of a contract notice: in the cases referred to in Items 3 to 9 and 12 of Article 90 (1) of the Public Procurement Act; 7a. (new, SG No. 17/2012, effective 26.02.2012) the public call for tenders referred to in Article 101b (1) of the Public Procurement Act; 8. information on the design contests as organized; 9. (supplemented, SG No. 86/2010) information on the public procurement contracts concluded and on the framework agreements concluded, stating therein, inter alia, the date of conclusion of the contract or framework agreement; 10. (amended, SG No. 3/2009, effective 1.01.2009) information on the public procurement contracts performed and terminated; 11. (repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010) the notices for voluntary transparency; 12. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010) information under Article 44 (7) of the Public Procurement Act; 13. (repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010) the information covered under Article 122q of the Public Procurement Act; 14. (amended, SG No. 17/2012, effective 26.02.2012) information on the progress of the procedure in an appeal proceeding; 15. (new, SG No. 3/2009, effective 1.01.2009) copies of the effective judgments of court whereby non-performance of public procurement contracts has been ascertained. (2) In addition to the information covered under Paragraph (1), the contracting authorities covered under Items 5 and 6 of Article 7 of the Public Procurement Act shall dispatch to the Executive Director of the Agency: 1. the notices of establishment of systems of qualification of suppliers, contractors or service providers, referred to in Article 105 (1) of the Public Procurement Act; 2. the prior information notices referred to in Article 109 (1) of the Public Procurement Act;

3. (repealed, SG No. 17/2012, effective 26.02.2012). (3) (Amended, SG No. 3/2009, effective 1.01.2009) In the cases covered under Items 3 to 9 and Item 12 of Article 90 (1) of the Public Procurement Act, the contracting authorities covered under Items 1 to 4 of Article 7 of the Public Procurement Act shall send the Executive Director of the Agency the evidence related to the choice of the procedure. (4) (Supplemented, SG No. 3/2009, effective 1.01.2009, amended, SG No. 86/2010, SG No. 17/2012, effective 26.02.2012) The documents referred to in Items 2 to 6, 8, 9, 11 and 12 of Paragraph (1) and Items 1 and 2 of Paragraph (2) shall be drawn up according to the standard forms endorsed under Article 19 (7) of the Public Procurement Act, and in the cases referred to in Article 45a (1), (5) and (6) of the Public Procurement Act, the said documents shall be drawn up according to the standard forms endorsed by the Regulation referred to in Article 45a (9) of the Public Procurement Act. (5) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) The information referred to in Item 1 (a), (b), (c) and (e) of Item 10 of Paragraph (1), Items 7a, 10 and 14 of Paragraph (1) shall be based on standard forms endorsed by the Executive Director of the Agency. (6) (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). Article 6. (1) (Amended, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) The documents covered under Items 1, 2, 4 to 7 and Items 8 to 12 of Article 5 (1) and under Article 5 (2) herein shall be dispatched in one of the following manners: 1. (amended, SG No. 3/2009, effective 1.01.2009) on a paper-based medium and on a magnetic, optic or another data storage medium making the information retrievable, without use of an electronic signature; 2. (amended, SG No. 3/2009, effective 1.01.2009) on a paper-based medium and by electronic mail, without use of an electronic signature; 3. (amended, SG No. 3/2009, effective 1.01.2009) by electronic mail with the use of an electronic signature; 4. on a magnetic, optic or another data storage medium making the information retrievable, with the use of an electronic signature; 5. (new, SG No. 3/2009, effective 1.01.2009, amended, SG No. 17/2012, effective 26.02.2012) entry into the Public Procurement Register by an authorised user by means of: (a) electronic forms on the Internet site of the Agency, or (b) use of special application software provided by the Agency.

(2) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) The decision and the notice on the initiation of procedures subject to ex ante control under Item 22 of Article 19 (2) of the Public Procurement Act, the decision referred to in Item 1 (b) of Article 5 (1) herein and the information referred to in Item 14 of Article 5 (1) herein shall be dispatched according to the procedure established by Item 5 of Paragraph (1). (3) Where dispatching any documents covered under Article 5 (1) and (2) herein, the contracting authorities which have open records shall state the number of the record thereof in the Public Procurement Register, and in the case of an initiated procedure, the unique identification number of the procurement in the Public Procurement Register. (4) In case the contracting authority does not possess the data referred to in Paragraph (3), the said authority shall state the number and date of the decision to initiate the public procurement award procedure whereto the documents dispatched relate. (5) (Amended, SG No. 3/2009, effective 1.01.2009) The contracting authorities shall state the data referred to in Paragraphs (3) and (4) in the cover letter and on the magnetic, optic or other data storage medium inscribed accordingly and dispatched to the Agency or, where the document is dispatched by electronic mail, also in the "Regarding" field of the electronic message as transmitted. (6) (New, SG No. 86/2010) The notification letters which contain the information referred to in Item 13 of Article 5 (1) herein shall be dispatched to the Agency in one of the manners specified in Item 2 or 3 of Paragraph (1). Article 7. (1) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) The contracting authorities shall dispatch the documents referred to in Item 1 (a) and (e), Items 4, 6, 8 and 9 of Article 5 (1) and Items 1 and 2 of Article 5 (2) herein within seven days after the date of: 1. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) issuing of the relevant decision: in the cases under Item 1 (a) and (e), Items 4, 6, and 8 of Article 5 (1) and Items 1 and 2 of Article 5 (2) herein; 2. conclusion of the contract or of the framework agreement: in the cases under Item 9 of Article 5 (1) herein; 3. (repealed, SG No. 86/2010); 4. (repealed, SG No. 17/2012, effective 26.02.2012). (2) (Repealed, SG No. 3/2009, effective 1.01.2009, new, SG No. 86/2010, amended, SG No. 17/2012, effective 26.02.2012) The information referred to in Item 14 of Article 5 (1) herein shall be dispatched within three days after learning the relevant circumstance related to an appeal of the procedure.

(3) (Repealed, SG No. 17/2012, effective 26.02.2012). Article 8. (Amended, SG No. 86/2010) The Commission on Protection of Competition shall dispatch the decisions and rulings referred to in Article 122m of the Public Procurement Act, as well as the decisions referred to in Article 127a (2) of the Public Procurement Act, to the Agency by electronic means. Article 9. (1) The contracting authorities which have created a buyer profile shall be responsible for the updating and veracity of the information on public procurements published thereon. (2) The access to the buyer profile shall be free of charge and may not be contingent on the introduction of payments or other technical conditions. Article 9a. (New, SG No. 17/2012, effective 26.02.2012) (1) The call for tenders referred to in Item 7a of Article 5 (1) herein shall be published on the Public Procurement Portal by an authorized user by means of direct entry using special application software provided by the Agency. Each call for tenders shall be assigned a unique code and shall indicate the buyer profile whereon the said call can be found. (2) As an exception, where the contracting authority cannot publish the call for tenders on the buyer profile thereof, the said authority shall publish the said call on another Internet address which the said authority shall indicate in the call referred to in Paragraph (1). (3) In the call for tenders published on a buyer profile or on another Internet address, as the case may be, the contracting authority shall indicate the unique code whereunder the said call has been published on the Public Procurement Portal. (4) The call for tenders shall be publicly accessible on the Public Procurement Portal for a period of seven days reckoned from the day next succeeding the date of publication. Where the contracting authority has indicated a longer period in the call, the said authority shall be obligated to make the said call publicly accessible for the said period on the buyer profile or on the Internet address, as the case may be. (5) Upon change of the terms and conditions as initially announced or where the necessity to award the procedure is eliminated, the contracting authority shall withdraw the public call for tenders by entering a note in the relevant field of the call as published on the Public Procurement Portal. The call shall simultaneously be deleted on the buyer profile or on the Internet address whereon the said call has been published, as the case may be. (6) Upon change of the terms and conditions as initially announced, the contracting authority shall publish a new call for tenders according to the procedure established by Paragraphs (1) to (4). Section III Statistical Reports

Article 10. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective 1.01.2009). Article 11. (Effective 1.01.2007, SG No. 53/2006) Annually, not later than the 31st day of October, the Executive Director of the Agency shall transmit to the European Commission an annual statistical report containing summarized data on the activity of contracting authorities for the last preceding year. Section IV Disclosure of Information by Agency Article 12. (1) (Amended, SG No. 86/2010) The Agency shall disclose the information related to the conduct of public procurement award procedures through the Public Procurement Portal. (2) The Agency may furthermore disclose information related to the operation thereof by means of catalogues, periodic bulletins, brochures, reports, elaborations and other specialized publications in the sphere of public procurement. Article 13. (1) (Amended, SG No. 86/2010) The Agency shall provide access, through the Public Procurement Portal, to: 1. the Public Procurement Register; 2. (amended, SG No. 3/2009, effective 1.01.2009) methodological guidelines issued by the Executive Director of the Agency under Item 1 of Article 19 (2) of the Public Procurement Act; 3. (amended, SG No. 3/2009, effective 1.01.2009, SG No. 93/2009, effective 24.11.2009, supplemented. SG No. 86/2010) the consolidated versions of the standard forms endorsed by the European Commission, by the Minister of Economy, Energy and Tourism and by the Executive Director of the Agency; 4. lists of contracting authorities; 5. (amended, SG No. 3/2009, effective 1.01.2009) a list of persons whom contracting authorities may recruit as outside experts upon conduct of public procurement award procedures; 6. (amended, SG No. 17/2012, effective 26.02.2012) the public calls for tenders referred to in Article 101b (1) of the Public Procurement Act; 7. (new, SG No. 3/2009, effective 1.01.2009) a list of persons in respect of whom non-performance of a public procurement contract has been ascertained by an effective judgment of court; 8. (new, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective

26.02.2012); 9. (renumbered from Item 7, SG No. 3/2009, effective 1.01.2009) any other information related to public procurement. (2) (Amended, SG No. 3/2009, effective 1.01.2009) The list referred to in Item 5 of Paragraph (1) may furthermore include persons whose licensed competence has been attained or is recognized in a Member State of the European Union. (3) (Repealed, SG No. 3/2009, effective 1.01.2009). Chapter Three PUBLIC PROCUREMENT REGISTER Section I General Dispositions Article 14. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The Public Procurement Register, hereinafter referred to as "the Register," shall constitute an integral electronic database. (2) The Register shall collect and store information related to public procurement for the purpose of ensuring public openness and transparency regarding the public procurement award process. (3) The information regarding the circumstances subject to entry into the Register shall be provided by the contracting authorities according to the procedure provided established by Article 6 (1) and (2) herein. (4) (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective 26.02.2012). (5) (New, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective 26.02.2012). Article 15. (Amended, SG No. 86/2010) The Register shall be open to public inspection and access to the information contained therein shall be free. Section II Keeping of the Register Article 16. (1) A record bearing a unique identification number shall be opened in the Register in respect of each public procurement contracting authority, and all subsequent entries shall be made on the said record. (2) (Amended, SG No. 17/2012, effective 26.02.2012) The unique identification number

shall constitute the consecutive number of the entry of the contracting authority into the Register. Article 17. (1) (Redesignated from Article 17, SG No. 17/2012, effective 26.02.2012) Each public procurement shall be entered into the Register under a unique number which shall consist of three parts as follows: 1. first part: number of the record of the contracting authority; 2. second part: year of the decision to initiate the public procurement; 3. third part: a four-digit figure which constitutes a service number of the consecutive entry of the public procurement of the relevant contracting authority for the year and which is automatically generated by the electronic database. (2) (New, SG No. 17/2012, effective 26.02.2012) Information on the current status of each procurement shall be contained in the Register, and each procurement shall be assigned a status as follows: 1. open: the deadline for submission of a tender/a request to participate in the procedure has not expired; 2. suspended: information under Item 14 of Article 5 (1) herein has been dispatched on an appeal lodged against a decision, action or omission of the contracting authority, accompanied by a request for the imposition of an interim measure of suspension of the procedure; 3. terminated: a decision on termination of the procedure has been adopted; 4. closed: the deadline for submission of a tender/a request to participate in the procedure has not expired; 5. awarded: information on a contract concluded has been published; 6. cancelled: where the decision to initiate the procedure has been revoked or has been declared null by an enforceable decision of an appeal authority; 7. unknown: from the initiation of negotiated procedures without publication of a contract notice to publication of information on a contract concluded or on termination. (3) (New, SG No. 17/2012, effective 26.02.2012) Where the public procurement is subdivided into several lots of different current status, "in part" shall be added to the information covered under Paragraph (2). Article 18. (1) Subsequent entries of new circumstances related to the record of the contracting authorities shall be made without affecting the information contained in the preceding entries and shall be noted as "official entry." (2) Where a circumstance entered is deleted, a note of the deletion of the entry shall be

made in the relevant field while information on the initial circumstance shall be preserved. (3) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) Outside the possibilities for a change under Article 27a of the Public Procurement Act, any spelling mistakes and technical errors made by the contracting authorities upon completion of other standard forms shall be corrected by means of a technical edit after receipt of a request from the relevant contracting authority. A technical edit of the decision on change referred to in Article 27a (3) of the Public Procurement Act shall be inadmissible. (4) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) Any errors made in the process of entering shall be corrected by entering the correct text in the relevant field of the Register, accompanied by an explanatory note "technical edit" Corrections shall be made without affecting the information contained in the preceding entries. (5) (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 17/2012, effective 26.02.2012) The request referred to in Paragraph (3) shall be sent by post, by telefax, by electronic mail accompanied by an electronic signature, or shall be communicated by telephone within five days after the date of publication of the relevant document. (6) Where the request is communicated by telephone, the contracting authority must confirm the said request in writing before expiry of the time limit referred to in Paragraph (5). (7) (New, SG No. 3/2009, effective 1.01.2009) Where the request has been sent after the time limit referred to in Paragraph (5), it shall not be examined in substance. (8) (Renumbered from Paragraph (7) and amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 17/2012, effective 26.02.2012). Article 19. (1) The Public Procurement Register shall be kept and maintained in a manner guaranteeing protection of information in the system against destruction, unauthorized modification and use. (2) Protection of the information shall be ensured by means of the periodic current archiving of the said information. Article 20. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The Register shall contain information on the public procurement award procedures initiated during the last preceding five years. (2) Upon the lapse of the period referred to in Paragraph (1), the information shall be archived according to a procedure established by the Executive Director of the Agency. (3) (Amended, SG No. 3/2009, effective 1.01.2009, supplemented, SG No. 17/2012, effective 26.02.2012) As an exception, where public procurement contracts, framework agreements or dynamic purchasing systems have a period of validity exceeding five years, as well as in respect of contracts concluded as a result of a negotiated procedure without publication of a contract notice, the information thereon shall be archived one year after receipt of the information

referred to in Item 10 of Article 5 (1) herein. Article 21. (Amended, SG No. 84/2007, SG No. 3/2009, effective 1.01.2009) Any information for entry in the Register, which has been received on a paper-based medium, shall be stored for a period of three years reckoned from the year of receipt of the document at the record-keeping department of the Agency, whereafter the said information shall be archived or destroyed according to the procedure established by the National Archives Stock Act. Section III Circumstances Subject to Entry into the Register Article 22. (1) (Amended, SG No. 3/2009, effective 1.01.2009) The following shall be entered into the Register: 1. the identification particulars of the contracting authority: (a) the unique identification number of the contracting authority according to Article 16 herein; (b) the BULSTAT Code or, respectively, the Unified Identification Code (SIC): 2. the unique number of the public procurement according to Article 17 herein; 3. (amended, SG No. 86/2010) the documents referred to in Items 2 to 6, 8, 9, 11 and 12 of Article 5 (1) and in Items 1 and 2 of Article 5 (2) herein; 4. (amended, SG No. 86/2010, corrected, SG No. 20/2012) the decisions of the contracting authorities referred to in Item 4 (a) to (c) and (e) of Article 5 (1) herein; 5. (supplemented, SG No. 17/2012, effective 26.02.2012, corrected, SG No. 20/2012) the information referred to in Item 10 and Item 14 of Article 5 (1) herein; 6. the opinions of the Executive Director of the Agency referred to in Article 50 (3) herein. (2) (Supplemented, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). (3) (Amended, SG No. 17/2012, effective 26.02.2012) All changes in the circumstances covered under Paragraph (1) shall likewise be subject to entry into the Register. Chapter Four PUBLIC PROCUREMENT AWARD PROCEDURES Section I Requirements to Candidates and Tenderers (Heading amended, SG No. 3/2009, effective 1.01.2009)

Article 23. (1) (Amended, SG No. 3/2009, effective 1.01.2009, repealed, SG No. 86/2010). (2) The contracting authorities shall specify the circumstances under Article 47 (2) of the Public Procurement Act in the public procurement notice, and in a negotiated procedure without publication of a contract notice, in the invitation to participate in the procedure. (3) (New, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). Article 24. (1) (Amended, SG No. 3/2009, effective 1.01.2009) Where a Unified Identification Code according to Article 23 of the Commercial Register Act is not presented, the candidates or tenderers which or who are legal persons or sole traders shall furthermore attach to the requests to participate or to the tenders thereof a certificate of current court registration. The non-resident legal persons shall attach an equivalent document issued by a judicial or administrative authority in the State where the said persons are established. (2) (Amended, SG No. 3/2009, effective 1.01.2009) Where the participation of subcontractors is envisaged for performance of the public procurement, the request to participate or the tender shall state the subcontractors, the percentage of the total value and the specific part of the subject matter of the public procurement that will be performed by each subcontractor. (3) Where the subject matter of the public procurement necessitates a stage-by-stage performance, the tender shall state the specific stages and the time limits for performance of each stage. (4) (New, SG No. 17/2012, effective 26.02.2012) The documents which the tenderers submit under Article 68 (9) of the Public Procurement Act may attest, inter alia, facts which have occurred after the deadline for submission of tenders. Section II Obligations of Public Procurement Contracting Authorities Article 25. The decisions of the contracting authorities, with the exception of such decisions referred to in Article 25 (1) of the Public Procurement Act, must furthermore state: 1. the number and date of the decision to initiate the public procurement award procedure or to organize the design contest; 2. (amended, SG No. 17/2012, effective 26.02.2012) the date of the public procurement notice as published, except in the cases of a negotiated procedure without publication of a contract notice. Article 26. (Amended, SG No. 3/2009, effective 1.01.2009, SG No. 86/2010, repealed, SG No. 17/2012, effective 26.02.2012). Article 27. Where a contracting authority has used a particular currency when indicating the

estimated value of the public procurement in the notice, the said contracting authority shall be obligated to use the same currency in all cases when indicating a value for the relevant procurement. Article 28. (Repealed, SG No. 3/2009, effective 1.01.2009). Article 29. (Amended, SG No. 3/2009, effective 1.01.2009) Where a member of the commission for the conduct of a public procurement procedure has been removed by reason of existence of any circumstances covered under Article 35 (1) of the Public Procurement Act, the steps taken by the said member after occurrence of the established circumstances shall be ignored and shall not be recorded in the relevant memorandum or report on the work of the commission. Section III Rules for Conduct of Certain Procedures Article 30. (1) (Amended, SG No. 3/2009, effective 1.01.2009) In the event of any discrepancy between the description of the subject matter of the public procurement and the code according to the Common Procurement Vocabulary (CPV) as stated in the notice, the data of the description of the object of the procurement shall be considered to be valid. (2) In the event of any discrepancy between the place of performance of the public procurement, stated in words, and the code entered in the notice according to the Nomenclature of Territorial Units for Statistics in Bulgaria (NUTS), the place of performance as stated in words shall be considered to be valid. Article 31. (1) Where the contracting authorities use an electronic auction referred to in Article 16b (1) of the Public Procurement Act, the said authorities shall state this circumstance in the public procurement notice. (2) The conduct of an electronic auction shall be based on: 1. new prices, when the contract is awarded to the lowest price; 2. new prices and/or new values of the features of the tenders indicated in the specifications, when the contract is awarded to the most economically advantageous tender. (3) Upon use of an electronic auction, the specifications shall furthermore include: 1. the features of the tender whereof the values will be the subject of electronic auction; these features must be quantifiable and expressible in figures or in percentages; 2. the limits on the values of the features referred to in Item 1, which may be submitted; 3. the information which will be made available to the tenderers in the course of the electronic auction, as well as when the said information will be made available thereto;

4. the information concerning the procedure for conduct of the electronic auction; 5. the conditions whereunder the tenderers may submit new bids, including the minimum difference in the features which will be required when bidding; 6. the information concerning the electronic equipment used, as well as the arrangements and technical specifications for connection thereto. Article 32. (1) Upon conduct of an electronic auction, the commission shall make an initial evaluation of the tenders. (2) The evaluation referred to in Paragraph (1), as well as the evaluation during the electronic auction, shall be made in accordance with the criterion set in the notice under Article 37 (1) of the Public Procurement Act. Article 33. (1) After making an initial evaluation of the tenders under Article 32 herein, the contracting authority shall invite simultaneously all tenderers who have submitted admissible tenders to participate in an electronic auction. (2) The invitation shall be dispatched by electronic means, accompanied by an electronic signature, and shall state: 1. a proposal to the tenderers to submit new prices or new values of the features conforming to the criterion for evaluation of tenders; 2. the procedure for connection to the electronic equipment used; 3. the date and time of the start of the electronic auction; 4. the manner of closing of the electronic auction. (3) When the contract is to be awarded on the basis of the most economically advantageous tender, the invitation referred to in Paragraph (1) shall furthermore contain: 1. the initial evaluation of the relevant tender under Article 32 (1) herein; 2. the mathematical formula to be used in the electronic auction to determine automatic rerankings on the basis of the new prices and/or new values submitted; the said formula shall incorporate the weighting of all the criteria fixed to determine the most economically advantageous tender, as indicated in the public procurement notice or in the specifications; 3. the ranges reduced to a specified value for determination of the specific features, needed to calculate the formula. (4) When the contract is to be awarded on the basis of the most economically advantageous tender and the contracting authority has authorized variants, each variant shall be evaluated separately according to the formula referred to in Item 2 of Paragraph (3).

(5) The electronic auction may take place in a number of successive phases. (6) The electronic auction may not start sooner than two working days after the date on which invitations are sent out. (7) The conduct of the electronic auction shall be organized in a manner enabling each tenderer to ascertain the relative ranking thereof at any moment. (8) Information concerning prices or values submitted by other tenderers in the course of the auction may be communicated to the tenderers, provided that this is stated in the specifications. (9) The number of tenderers may be announced during each phase of the electronic auction. (10) The provision of information under Paragraphs (8) and (9) may not lead to disclosure of the identities of the tenderers during any phase of an electronic auction. Article 34. (1) The electronic auction shall be closed: 1. on the date and at the time indicated in the invitation, or 2. where no more new proposals are received after the time set in the invitation elapses, or 3. when the number of phases in the electronic auction, as fixed in the invitation, has been completed. (2) After closing an electronic auction, the commission shall draw up a memorandum on the conduct of the said auction, which shall contain: 1. the composition of the commission; 2. a list of the tenderers; 3. (amended, SG No. 3/2009, effective 1.01.2009) the results of the evaluation and a ranking of the tenderers; 4. the date of drawing up of the memorandum. (3) The contracting authority shall select a supplier, contractor or service provider of the public procurement and shall conclude a contract therewith according to the procedure established by Articles 73 and 74 of the Public Procurement Act. Article 35. In a competitive dialogue, the commission shall conduct a dialogue with each candidate separately and may discuss tenders made by other candidates solely with the written consent on their part.

Article 36. (1) In the notice of initiation of a competitive dialogue procedure, the contracting authority may state that the dialogue with the candidates will be conducted in successive stages, provided there is a sufficient number of tenders, in order to ensure that there is genuine competition. (2) In the cases referred to in Paragraph (1), the number of tenders shall be reduced after they are presented in writing by the candidates and after they are evaluated by applying the award criteria in the contract notice and/or the descriptive document. Article 37. In the contract notice or in the descriptive document in a competitive dialogue procedure, the contracting authority may provide for prizes or payments to the candidates who have participated in the dialogue. Article 38. (1) (Amended, SG No. 17/2012. effective 26.02.2012) In the cases referred to in Item 11 of Article 90 (1) and Item 9 of Article 103 (2) of the Public Procurement Act, where the subject matter of a public procurement is the supply of goods specified according to a list in the Annex hereto, the public procurement contract shall be concluded on the commodity exchange at a separate exchange round according to the procedure established by the Commodity Exchanges and Wholesale Markets Act. (2) (Amended, SG No. 3/2009, effective 1.01.2009) The list referred to in Paragraph (1) shall state: 1. code according to the Common Procurement Vocabulary (CPV); 2. supplementary code, if any, and the description thereof according to the Common Procurement Vocabulary (CPV); 3. description of the goods. Article 39. (Amended, SG No. 3/2009, effective 1.01.2009) In the decision to initiate a negotiated procedure without publication of a contract notice, the contract authorities shall furthermore indicate the persons who will be invited to participate in the negotiations, except in the cases under Items 11 and 12 of Article 90 (1), as well as in the cases under Items 9 and 11 of Article 103 (2) of the Public Procurement Act. Section IV Exchange of Information upon Conduct of Public Procurement Award Procedures (Heading amended, SG No. 3/2009, effective 1.01.2009) Article 40. (Amended, SG No. 3/2009, effective 1.01.2009) Upon dispatch of the notice by electronic means, shortening of the time limits for receipt of tenders or requests to participate shall be admissible where the notice is dispatched according to the procedure established by Item 5 of Article 6 (1) herein.

Article 40a. (New, SG No. 3/2009, effective 1.01.2009) (1) (Repealed, SG No. 17/2012, effective 26.02.2012). (2) Where applicable, the documents sent according to the procedure established by Item 5 of Article 6 (1) herein may be forwarded ex officio by the Agency to the Official Journal of the European Union at the request of the contracting authority if the general conditions for provision of the e-sender service, endorsed by the Executive Director of the Agency, have been complied with. Article 41. (1) Where the contracting authority provides for a possibility to receive tenders by electronic means or requests to participate by electronic means, by telefax or by telephone, the said authority shall state this circumstance in the public procurement notice or in the contract documents. (2) The tenders and the requests to participate, dispatched by electronic means, shall be drawn up according to the requirements of the Electronic Document and Electronic Signature Act. (3) The requests to participate received by telephone and by telefax shall be filed by a person authorized by the contracting authority in a register which shall contain: 1. registration number; 2. date and time of receipt of the telephone call or of the telefax message; 3. particulars of the person who submits the request; 4. description of the document received by telefax. (4) (Amended, SG No. 17/2012, effective 26.02.2012) The register referred to in Paragraph (3) shall be kept in an electronic form or on a paper-based medium. Article 42. (1) Upon dispatch of a request to participate by telefax, the candidates shall be obligated to adjust the facsimile machine in a manner which enables the contracting authority to obtain: 1. the number wherefrom the request to participate is received; 2. date and time of dispatch. (2) Any requests to participate, which do not contain the data covered under Paragraph (1), shall not be considered to be in a good and due form and shall not be entered into the register referred to in Article 41 (3) herein. (3) Any requests to participate, received by telefax, shall be stored by the contracting authority together with the documents on the conduct of the procedure.

Article 43. (Supplemented, SG No. 17/2012, effective 26.02.2012) In the cases referred to in Article 58a (5) of the Public Procurement Act, the decisions dispatched by telefax or by electronic means shall be presumed to be validly served if sent to the telefax number or electronic mail address named by the addressee and if an automatically generated message confirming the dispatch has been received. Article 44. (1) The contracting authorities shall be obligated to ensure preservation of the confidentiality of the information contained in the requests to participate received by telephone or by telefax. (2) The authorized persons referred to in Article 41 (3) herein shall sign a declaration referred to in Article 35 (3) of the Public Procurement Act. (3) Upon occurrence of any of the circumstances covered under Article 35 (1) of the Public Procurement Act in respect of the persons referred to in Paragraph (2), the said persons shall be obligated to inform forthwith the contracting authority, which shall designate another person. Article 45. (1) Where any tenders or requests to participate are submitted by electronic means, the contracting authority shall be obligated to ensure: 1. the integrity of the data submitted; 2. the confidentiality of the tenders or requests to participate until the moment of the opening thereof. (2) Any tenders or requests to participate, dispatched by electronic means, shall be considered to be received by the contracting authority after the registration of the said tenders or requests in the electronic system thereof is confirmed to the sender by an electronic message. Article 46. (1) Where the contracting authority provides for a possibility for receipt of tenders or requests to participate by electronic means, the said authority must have the required equipment and software which make the receipt of such tenders or requests possible without disclosure of the content thereof. In such case, only the data referred to in Article 41 (3) herein, required for filing of the tender or request to participate in a register, must be visible. (2) The tenders or requests to participate, received according to the procedure established by Paragraph (1), shall not be opened until the day appointed for the examination thereof by the commission. (3) The contracting authority shall authorize an official who shall register and store the requests to participate and tenders received by electronic means. The said official shall sign a declaration referred to in Article 35 (3) of the Public Procurement Act. Article 47. (Amended, SG No. 86/2010) (1) The selection documents, the procurement performance proposal and the price tendered as part of a tender submitted by electronic means shall mandatorily be dispatched according to the procedure established for submission of the entire tender by three separate electronic messages which contain an indication that the said

document appertains to the relevant part of the tender according to Article 57 (2) of the Public Procurement Act. (2) The provisions of Articles 68 to 72 of the Public Procurement Act shall apply upon the examination, evaluation and ranking of any tenders submitted by electronic means. Section V Public Procurement Contracts Article 48. (1) The persons selected as suppliers, contractors or service providers must meet the requirements covered under Article 47 (1), (2) and (5) of the Public Procurement Act at the time of conclusion of the public procurement award contract. (2) The contracting authority shall terminate the procedure or shall select the second highest ranked tenderer as a supplier, contractor or service provider when the tenderer selected as a supplier, contractor or service provider declines to conclude the contract. A failure to appear within the time limit set by the contracting authority shall likewise be considered to be a decline, unless the failure to appear is for valid reasons. (3) Where the contracting authority selects the second highest ranked tenderer as a supplier, contractor or service provider, the said authority shall invite the said tenderer to conclude a public procurement contract within three days after ascertainment of the circumstances referred to in Paragraph (2). Article 49. (1) Where the selected supplier, contractor or service provider is an unincorporated combination of natural and/or legal persons and the contracting authority has not provided in the notice for a requirement to establish a legal person, the public procurement contract shall be concluded after the supplier, contractor or service provider presents to the contracting authority a certified copy of a certificate of tax registration and BULSTAT registration of the combination established. (2) In the cases referred to in Paragraph (1), if the combination consists of non-resident natural and/or legal persons, the said persons shall present an equivalent document on registration from the State where the said persons are established. Chapter Five (Amended, SG No. 3/2009, effective 1.01.2009) EX ANTE CONTROL Section I (New, SG No. 17/2012, effective 26.02.2012) Ex Ante Control over Procedures Financed by Resources of European Union Funds Article 49a. (New, SG No. 17/2012, effective 26.02.2012) (1) For the exercise of ex ante

control under Item 22 of Article 19 (2) of the Public Procurement Act, the contracting authority shall dispatch to the Agency: 1. the draft of a contract notice and, where applicable, the draft of a decision; 2. information on ex ante control, which shall contain the drafts of methods, in the cases where the criterion of the most economically advantageous tender applies. (2) The documents referred to in Paragraph (1) shall be dispatched with a cover letter which shall contain the following information: 1. name of the contracting authority; 2. object and subject matter of the public procurement; 3. type of procedure; 4. estimated value of the procurement; 5. the operational programme which provides the financing; 6. listing of the attached files; 7. name and position of the person who dispatches the documents. (3) The documents referred to in Paragraph (1), completed in endorsed standard forms, shall be sent by electronic mail as files attached to the cover letter, which shall be signed using an electronic signature. The address whereat the said documents are to be sent shall be published on the Portal of the Agency. (4) The documents dispatched according to the procedure established by Paragraph (3) shall be considered to be received at the Agency after the registration of the said documents in the record-keeping system thereof is confirmed to the sender by an electronic message. (5) Where it is established that not all documents necessary for the exercise of control have been dispatched or that the procedure referred to in Paragraph (3) has not been complied with, the documents shall be returned to the contracting authority by electronic mail for curing the omissions. (6) After preparation of the opinion referred to in Article 20a (3) of the Public Procurement Act, the said opinion shall be sent to the contracting authority by electronic mail, signed using an electronic signature. (7) Simultaneously with the dispatch of the decision and the notice on the initiation of the procedure for publication in the Register, the contracting authority shall also dispatch to the Agency the document referred to in Item 2 of Paragraph (1). Where applicable, the said document shall contain the approved methods for evaluation and/or reasons in writing referred to in Article

20a (4) of the Public Procurement Act. (8) After preparation of a conclusive report on legal conformity, the said report shall be sent to the contracting authority and to the authorities referred to in Article 20a (6) of the Public Procurement Act by electronic mail, signed using an electronic signature. (9) Each stage of the ex ante control shall be performed on a single occasion. Section II (New, SG No. 17/2012, effective 26.02.2012) Ex Ante Control over Negotiated Procedures without Publication of Contract Notice Article 50. (Effective 1.01.2007, SG No. 53/2006, amended, SG No. 3/2009, effective 1.01.2009) (1) The ex ante control, referred to in Item 24 of Article 19 (2) of the Public Procurement Act, shall be a verification of the conformity of the reasons contained in the decision to initiate a procedure with the accompanying evidence for the purpose of establishing the legal conformity of the choice of the negotiated procedure without publication of a contract notice. (2) The evidence, together with the invitation referred to in Item 7 of Article 5 (1) herein, shall be sent to the Agency simultaneously with the decision to initiate a procedure. Where the decision has been sent according to the procedure established by Item 5 of Article 6 (1) herein, the invitation and the evidence shall be dispatched in one of the manners specified in Items 2 and 3 of Article 6 (1) herein. (3) (Amended and supplemented, SG No. 86/2010) The verification referred to in Paragraph (1) shall be concluded by the preparation of an expert opinion, which shall be approved by the Executive Director of the Agency. (4) The opinion shall contain a conclusion regarding the conformity of the choice of a procedure with the requirements of the law and shall be prepared solely on the basis of the evidence produced with the decision. (5) The opinion shall be published in the Public Procurement Register within seven working days after receipt of the decision. (6) The opinion shall not be binding on the contracting authority, but where the opinion contains findings of a legal non-conformity and the procedure is completed by conclusion of a public procurement contract, the Executive Director of the Agency shall notify the authorities referred to in Article 123 (1) of the Public Procurement Act. Article 51. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective 1.01.2009). Article 52. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective

1.01.2009). Article 53. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective 1.01.2009). Article 54. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective 1.01.2009). Article 55. (Effective 1.01.2007, SG No. 53/2006, repealed, SG No. 3/2009, effective 1.01.2009). Chapter Five A (New, SG No. 17/2012, effective 26.02.2012) CLEARANCE OF AGENCY'S METHODOLOGIAL DIRECTIONS WITH CONTROL AUTHORITIES Article 55a. (New, SG No. 17/2012, effective 26.02.2012) (1) Upon ascertainment of disparate practice of contracting authorities in applying the Public Procurement Act and the relevant statutory instruments of secondary legislation, the Executive Director of the Agency, the President of the Bulgarian National Audit Office or the Director of the Public Financial Inspection Agency may initiate a clearance procedure for the issuance of a methodological direction under Item 1 of Article 19 (2) of the Public Procurement Act. (2) The questions raised shall be considered by an expert group which shall comprise two representatives of the administration of each of the authorities referred to in Paragraph (1), designated by an order of the competent head. The said expert group shall meet when necessary but not more frequently than once a month, in a permanent composition. In the absence of a regular member of the group, the said member shall be substituted by an extra member. (3) Minutes of proceedings shall be taken at each meeting, stating an opinion of the experts on the questions considered. The said minutes shall be signed by all experts who attended the meeting. Should an expert disagree with the opinion expressed in the minutes, the said expert shall append a dissenting opinion to the said minutes. (4) On the basis of the minutes of proceedings referred to in Paragraph (3), the Agency shall prepare a draft of a methodological direction, which shall be dispatched for clearance to the heads of the authorities referred to in Article 123 (1) of the Public Procurement Act. (5) The methodological direction cleared according to the procedure established by Paragraph (4) shall be endorsed by the Executive Director of the Agency and shall be published on the Public Procurement Portal. Chapter Six ADMINISTRATIVE PENALTY PROVISIONS Article 56. The blameworthy persons and the persons who or which have suffered the