NOTE: This provisional translation doesn’t contain translation of standard forms that are provided in the annexes of the official Regulation in Croatian (for standard forms please refer to Uredba o objavama javne nabave, “Narodne novine” broj 10/2012 and relevant EU regulations).
The government of the republic of Croatia
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Pursuant to Article 18, paragraph 12, Article 55, paragraph 5, and Article 122, paragraph 6 of the Public Procurement Act (Official Gazette 90/2011), the Government of the Republic of Croatia, at its session on 19 January 2012, adopted the following
Regulation
On public procurement notices
Subject-matter of the Regulation
Article 1
This Regulation lays down the European threshold values, the format and content of standard forms for public procurement notices, and the method and conditions for their publication.
European threshold values
Article 2
(1) The European threshold values applicable to contracting authorities shall amount to:
1. EUR 130,000 for public supply contracts and public service contracts awarded and design contests organised by the state bodies of the Republic of Croatia referred to in Article 5, paragraph 1, item 1 of the Public Procurement Act (hereinafter: the Act);
2. EUR 200,000:
– for public supply contracts and public service contracts awarded and design contests organised by the units of local and regional self-government referred to in Article 5, paragraph 1, item 2 of the Act, and the legal persons referred to in Article 5, paragraph 1, item 3 of the Act,
– for public service contracts awarded and design contests organised by all contracting authorities providing research and development services listed in Category No 8 of Annex II A to the Act, telecommunications services listed in Category No 5 of Annex II A to the Act, whose CPV codes are equivalent to the nomenclature CPC 7524, 7525 and 7526 and/or for the services listed in Annex II B to the Act;
3. EUR 5,000,000 for public works contracts and public works concessions.
(2) The European threshold values applicable to the operators that are not contracting authorities within the meaning of the Act shall amount to:
1. EUR 5,000,000 for the public works contracts referred to in Article 7, paragraph 1, indent 1 of the Act;
2. EUR 200,000 for the public services contracts referred to in Article 7, paragraph 1, indent 2 of the Act.
(3) The European threshold values applicable to contracting entities shall amount to:
1. EUR 400,000 for public supply contracts, public service contracts and design contests;
2. EUR 5,000,000 for public works contracts.
(4) The European threshold value applicable to the public works concessionaires which are not contracting authorities within the meaning of the Act shall amount to EUR 5,000,000 for the works contracts.
(5) The European threshold values applicable to the contracting authorities subject to the Regulation on public procurement for defence and security purposes shall amount to:
1. EUR 400,000 for public supply contracts and public service contracts;
2. EUR 5,000,000 for public works contracts.
Currency conversion method
Article 3
(1) Until the date of accession of the Republic of Croatia to the European Union, the contracting authority shall convert the amounts referred to in Article 2 of this Regulation and the amounts referred to in the Act denominated in euro into kuna equivalent. The conversion is carried out based on the Croatian National Bank middle exchange rate of the of kuna against the euro, valid on the date when the contracting authority sends the contract notice, and in the procedures without publication of the contract notice on date when the contracting authority commences the public procurement procedure.
(2) On the date of accession of the Republic of Croatia to the European Union, contracting authorities shall become subject to the European threshold values converted into their corresponding values in the Croatian kuna and which are published by the European Commission in the Official Journal of the European Union.
(3) The European threshold values referred to in Article 2 of this Regulation are denominated in the amount net of Value Added Tax.
STANDARD Forms for public procurement notices
Article 4
(1) Public procurement notices shall be published on the standard forms.
(2) Standard forms for public procurement notices are the following:
– Standard form 1: Prior (information) notice;
– Standard form 2: Contract notice;
– Standard form 3: Contract award notice;
– Standard form 4: Prior (indicative) notice – sector;
– Standard form 5: Contract notice – sector;
– Standard form 6: Contract award notice – sector;
– Standard form 7: Notice on the existence of a qualification system;
– Standard form 8: Notice on the contracting entity (buyer);
– Standard form 10: Notice of the intention to award a public works concession;
– Standard form 11: Notice of the intention to award a works contract by concessionaires which are not contracting authorities;
– Standard form 12: Design contest notice;
– Standard form 13: Notice of the results of a design contest;
– Standard form 14: Notice for additional information, cancellation of the procedure or correction;
– Standard form 15: Prior notice of the intention to award a contract.
(3) The standard forms referred to in paragraph 2 of this Article are contained in the Annex to this Regulation and constitute its integral part.
Electronic Public Procurement Classifieds of the Republic of Croatia
Article 5
(1) Electronic Public Procurement Classifieds of the Republic of Croatia is a service which:
1. provides to the contracting authorities the possibility of electronic drawing up and dispatch for publication of public procurement notices on standard forms, and making the tender document and possible supplementary documents available ;
2. publishes public procurement notices on standard forms and makes the supporting documents available;
3. enables free searching and download of the published public procurement notices and supporting documents;
4. contains the database of all public procurement notices and allows their statistical analysis.
(2) The Electronic Public Procurement Classifieds of the Republic of Croatia shall be set up, managed and maintained by the Official Gazette (Narodne novine d.d.).
(3) The terms and conditions of the Electronic Public Procurement Classifieds of the Republic of Croatia, the instructions for use of the Electronic Public Procurement Classifieds of the Republic of Croatia and the price list for the notices shall be published on the website of the Official Gazette.
(4) The approval of the price list of the Official Gazette for public procurement notices and andantes thereto shall be granted by the Government of the Republic of Croatia.
Electronic drawing up and sending of public procurement notices
Article 6
(1) Before using the Electronic Public Procurement Classifieds of the Republic of Croatia, the contracting authorities shall complete the initial registration in the system.
(2) For the purpose of electronic drawing up and sending of public procurement notices for publication, the contracting authorities must comply with the minimum technical requirements, as follows:
1. Internet access, and
2. an Internet browser.
(3) The electronic drawing up of public procurement notices implies on-line input in the provided fields of data required for sending public procurement notices on standard forms for publication (selection of provided options, input of information or codes).
(4) If the contracting authorities fail to draw up and send public procurement notices pursuant to the provisions of this Regulation, rules and the general terms and conditions for the use of the Electronic Public Procurement Classifieds of the Republic of Croatia, the Official Gazette shall refuse to publish them.
(5) The contracting authority shall be responsible for the accurate entry of information.
Publication of public procurement notices
Article 7
(1) A public procurement notice shall be published in the Electronic Public Procurement Classifieds of the Republic of Croatia on the first workday following the day of its dispatch, provided that it was drawn up and sent for publication by 18:00 hours.
(2) By way of derogation from paragraph 1 of this Article, regardless of the date of drawing up of the public procurement notice, the contracting authority may choose the date of sending it for publication.
(3) The date of drawing up of the public procurement notice and the date of sending it for publication may be either a workday or non-workday.
(4) Free-of-charge corrections or withdrawal of public procurement notices and supporting documents are possible at the latest until 18:00 hours on the day set as the date of sending the notice for publication.
(5) The published public procurement notices may differ form the standard forms for public procurement notices, depending on the type of contracting authority, subject-matter of procurement, selected public procurement procedure and other variable information entered by the contracting authority.
Publication in the Official Journal of the European Union
Article 8
(1) Upon the date of accession of the Republic of Croatia to the European Union, public procurement notices for the procurement of high-value shall also be published in the Official Journal of the European Union.
(2) The notices referred to in paragraph 1 of this Article shall also be published on standard forms prescribed by the European Commission.
(3) If the contracting authority also intends to publish public procurement notices for the procurement of lesser value in the Official Journal of the European Union, then it shall use the standard forms referred to in paragraph 2 of this Article.
(4) The drawing up and sending of public procurement notices for publication in the Official Journal of the European Union shall be carried out solely through the Electronic Public Procurement Classifieds of the Republic of Croatia. The date of sending a public procurement notice for publication in the Electronic Public Procurement Classifieds of the Republic of Croatia shall be considered to be the date of sending the public procurement notice for publication in the Official Journal of the European Union.
(5) The public procurement notice shall be published in the Official Journal of the European Union no later than five days after it is sent for publication.
(6) The contract notice shall be published in full in the Croatian language and such version shall be the only authentic text. A summary of the relevant elements of each notice shall be published in other official languages of the European Union.
(7) Publication of public procurement notices in the Official Journal of the European Union shall not be additionally charged.
Availability of public procurement notices
Article 9
(1) Every public procurement notice and supporting documents shall be publicly available in the Electronic Public Procurement Classifieds of the Republic of Croatia for at least one year from the date of publication of the public procurement notice.
(2) Every public procurement notice shall be available in the archive of the Electronic Public Procurement Classifieds of the Republic of Croatia for at least four years following the date of its publication with the aim of unlimited and free-of-charge access and search of public procurement notices to the state administration body responsible for the public procurement system, the State Commission for the Supervision of Public Procurement Procedures and the State Attorney’s Office of the Republic of Croatia.
Transitional provisions
Article 10
Contracting authorities which initiated public procurement procedures in accordance with the Public Procurement Act (Official Gazette 110/2007 and 125/2008) for which adequate public procurement notices on standard forms set out in the Regulation on public procurement notices and records (Official Gazette 13/2008, 77/2008, 4/2009 and 52/2010) have to be published in 2012, shall publish them no later than by 30 June 2012.
ENTRY INTO FORCE OF THE REGULATION
Article 11
This Regulation shall enter into force on the day of its publication in the Official Gazette.
Class: 330-01/12-01/01
Number: 5030116-12-1
Zagreb, 19 January 2012
Prime Minister Zoran Milanović, m.p.
Annex
Standard forms for public procurement notices
Standard form 1: Prior (information) notice
Standard form 2: Contract notice
Standard form 3: Contract award notice
Standard form 4: Prior (indicative) notice – sector
Standard form 5: Contract notice – sector
Standard form 6: Contract award notice – sector
Standard form 7: Notice on the existence of a qualification system
Standard form 8: Notice on the contracting entity (buyer)
Standard form 10: Notice of the intention to award a public works concession
Standard form 11: Notice of the intention to award a works contract by concessionaires which are not contracting authorities
Standard form 12: Design contest notice
Standard form 13: Notice of the results of a design contest
Standard form 14: Notice for additional information, cancellation of the procedure or correction
Standard form 15: Prior notice of the intention to award a contract