Public procurement procedures are among the most strictly regulated processes under Bulgarian law. For contracting authorities—state institutions, municipalities, public enterprises, and other organizations—the proper conduct of a procurement procedure is of key importance, as any violation may lead to serious sanctions, appeals, and project delays.
Who are contracting authorities under the Public Procurement Act?
Contracting authorities are all public-law entities and bodies that spend public funds. These include:
state institutions and municipalities;
public-law organizations;
sectoral contracting authorities (in energy, water supply, transport, etc.).
Main stages of a public procurement procedure
The procurement process includes several key stages:
Planning and preparation
Drafting technical specifications, determining the estimated value, and selecting the appropriate procedure.
Opening the procedure
Publication of a notice in the Public Procurement Register and, where required, in the Official Journal of the European Union.
Evaluation of bids
Appointment of a committee to verify compliance and evaluate bids based on pre-announced criteria.
Ranking and selection of contractor
Adoption and publication of a decision for selecting a contractor.
Conclusion of contract
Signing a contract in compliance with all legal requirements.
Common mistakes made by contracting authorities
In practice, there are frequent errors that may lead to appeals or sanctions:
improperly drafted documentation;
restrictive or unclear criteria;
irregularities in the evaluation of bids;
failure to meet deadlines;
lack of transparency.
Appeals and control
Decisions of the contracting authority are subject to appeal before the Commission for Protection of Competition (CPC), and subsequently before the Supreme Administrative Court. This makes it even more important that every stage of the procedure is legally sound.
The role of a lawyer in public procurement
Professional legal assistance is essential for contracting authorities. A lawyer can assist with:
drafting and reviewing documentation;
selecting the appropriate procedure;
minimizing the risk of appeals;
legal representation in disputes;
advice on the application of the Public Procurement Act and related regulations.
Ivanova LLP Law Firm provides comprehensive legal services to contracting authorities in public procurement—from the preparation of the procedure to its successful completion.
Contact us for professional consultation and security in the management of public funds.
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