The Ministry of Finance instructs the contracting authorities to keep in mind the currently limited possibilities on the market, the difficulties in preparation of bids by potential bidders, the difficulties in obtaining evidence on fulfilment of mandatory conditions in public procurement procedures, as well as the provision of samples. All of the above significantly limits the efficient implementation of public procurement procedures.
The provisions of Article 65 of the Public Procurement Law stipulate that only a bidder who meets the following conditions may participate in a public procurement procedure:
1) it is registered with the body in charge of registration of business entities;
2) it has permit, licence, approval or other document necessary for the performance of the activity being subject of the public procurement, if it is prescribed by a special law;
3) it timely settles all obligations in respect of taxes and contributions in accordance with law and regulations of the country of their registered office;
4) it proves that himself and his legal representative are not convicted by a final court decision for any of the criminal offences of organized crime, corruption, money laundering and fraud.
Whereas, the provisions of Article 66 of this Law prescribe the proof of fulfilment of these conditions, which is determined on the basis of:
1) proof of registration with the body in charge of registration of business entities, along with data on the authorized persons of the bidders;
2) proof of possession of a valid permit, licence, approval or other document issued by the competent body;
3) proof issued by the body in charge of taxation affairs of timely reporting, calculation and execution of all obligations in respect of taxes and contributions up to 90 days before the day of the public opening of bids, in accordance with regulations of Montenegro, namely regulations of the country of bidder’s registered office;
4) proof of competent body issued on the basis of criminal records which shall not be older than six months on the day of public opening of bids.
Considering that the above legal provisions are of a mandatory nature, and taking into account the restrictions in this period on the part of potential bidders in the preparation of bids, we recommend that contracting authorities, in case of an initiative submitted by potential bidder to extend the deadline for submission of bids due to difficult preparation conditions, act in accordance with the request and accordingly extend the deadline for submission of bids. This is stated especially for the reason of ensuring competition in public procurement procedures.
We remain at your disposal for any further questions you may have.
Contact persons:
Gorana Mrvaljević, Head of Department, e-mail: gorana.mrvaljevic@mif.gov.me, phone: 069/459-483;
Farisa Kurpejović, Head of Department, e-mail: farisa.kurpejovic@mif.gov.me, phone: 069/180-226
