{"id":511,"date":"2018-11-17T10:58:30","date_gmt":"2018-11-17T09:58:30","guid":{"rendered":"https:\/\/advokatskafirmasajic.com\/blog\/?p=511"},"modified":"2019-10-05T11:00:28","modified_gmt":"2019-10-05T09:00:28","slug":"procurement-or-how-to-expect-the-un-expected","status":"publish","type":"post","link":"https:\/\/advokatskafirmasajic.com\/blog\/procurement-or-how-to-expect-the-un-expected\/","title":{"rendered":"Procurement or how to expect the (un) expected"},"content":{"rendered":"\n

The title of\nthis text clearly points to the problematic issue of public procurement in\nBosnia and Herzegovina and although it is paradoxical, it still seems to be the\nmost suitable description of the issue. However, in the light of the drafting\nof the new framework legislation in the area of public procurement, there were\nserious expectations that the previous unsatisfactory and unfavorable (not to\nsay bad) solutions will be successfully replaced. Of course, the entire process\nis still ongoing, and the Public Procurement Agency of Bosnia and Herzegovina\nhas put in place the Draft Law on Changes and Amendments to the Public\nProcurement Law in the eConsultation Web Applications (https:\/\/ekonsultacije.gov.ba\/<\/a>),\nand invited all interested parties to submit their suggestions and remarks via\nthe said application in the period from 07.06.2018 to 06.07.2018. Whether the\npublic was aware of the possibility, remains as an open question, but it is\nexpected that at least the professional community and those whose response was\nquite valuable managed to use this opportunity, primarily for the general but\nalso individual interest.<\/p>\n\n\n\n

It is clear\nfrom the available draft that certain provisions have been precisely specified,\nsome terms more clearly defined, but there are also some novelties. However, some\nexisting problematic provisions were not substantially changed, which includes the\nissue of the disputed fee\/charge for appeal and we have pointed out this\nproblem in the previously published article (“Administrative fee or\nnothing”).<\/p>\n\n\n\n

Of course, it\nremains to be seen how the final text of the law will be read, but the most important\nis that these changes to the law produce essentially good results \u2013 which is\nthe responsibility of all those engaged in the process of drafting and passing\nlaws, but also all those who are empowered and\/or able to indicate better, more\npractical or any legal solutions as well as to recognize bad solutions.<\/p>\n\n\n\n

The main\nproblem in the dynamic system of public procurement is an issue of the relationship\nbetween the contracting authorities and the bidders and kind of the tendency to\nconsider them as enemies. It has to be overcome for a more functional and, in\nshort, a better system of public procurement. It is necessary to enable the\nunderstanding that in the system of adopted rules and procedures their respect\nfor each other might lead to a more efficient public procurement procedure,\nwhere cooperation, tentatively, of contracting authorities and bidders might\nensure the most efficient spending of public funds, and in doing so, a fair\nmarket game between the bidders, avoiding underpricing and enabling rational\ncompetitors. The use of public funds is a syntagma that very often provokes discussions\nto which we are all extrimely vulnerable, since some examples from the past\nshow brazenness in the public procurement segment.<\/p>\n\n\n\n

While we are\nwaiting for amendments to the Public Procurement Law, we hope that the final\ntext of the same will provide proper, not just cosmetic solutions for problems\nthat have caused severe headaches to all participants in the public procurement\nprocess, regardless of their roles in the past. It is certain that a serious\nanalysis of the new legal provisions is yet to happen. However, there is still\nenough time for corrections.<\/p>\n\n\n\n

Author: Milica Karadza<\/p>\n\n\n\n

E-mail: milica@afsajic.com<\/p>\n","protected":false},"excerpt":{"rendered":"

The title of this text clearly points to the problematic issue of public procurement in Bosnia and Herzegovina and although it is paradoxical, it…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[89],"tags":[],"_links":{"self":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/511"}],"collection":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/comments?post=511"}],"version-history":[{"count":1,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/511\/revisions"}],"predecessor-version":[{"id":512,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/511\/revisions\/512"}],"wp:attachment":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/media?parent=511"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/categories?post=511"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/tags?post=511"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}