SUMMARY
Although mandated by law, e-auctions by means of which bidding companies should reduce their initially offered prices were not organized in 53% of tender procedures monitored. The main reason indicated for failure to organize e-auction is lack of competition, i.e. the fact that only one company submitted a bid in the tender procedure or only one bid was considered acceptable. Non-organization of e-auctions is an old problem and the share of tender procedures in which e-auctions were not organized, in average, accounts for more than 50%. Although the latest novelties introduced in the Law on Public Procurement anticipate changes in this stage of public procurements, further analysis is needed to establish the manner in which new provisions will be implemented in practice and the effects they will have.
One of the most commonly violated provisions from the Law on Public Procurement is the legal provision governing the deadline for taking the decision on the selection of the most favourable bid or the decision on tender annulment, whereby the contracting authorities must take this decision within a deadline that is not longer than the deadline for submission of bids. For example, if the tender procedure is announced on 1 March and the deadline for submission of bids is 11 March, the companies have 10 days to develop and submit their bids. However, this also means that the contracting authority has 10 days to take the decision on selecting the most favourable bid or the decision on tender annulment.
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This report is made possible by the support of the American people through the United States Agency for International Development (USAID) within the USAID Civil Society Project.