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Estonia · Law · SE

491

The Act on Amendments to the Public Procurement Act and Amendments to Other Acts Related to It

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

22 November 2021

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AVALDATUD_RIIGITEATAJAS

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Source updated

13 April 2022

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Summary

The draft solves the practical problems that arose during the implementation of the law and brings the law into line with the public procurement directives of the European Union. It is mainly about various technical changes to improve legal clarity and make procurement arrangements more flexible. The changes concerning the evaluation criteria, the treatment of unreasonably low cost tenders and the violation of procurement contracts will change the public procurement procedure and also more flexible for the procurer in the execution of procurement contracts and enable the procurer to better take into account the specificities of a specific public procurement and the corresponding market situation when setting the conditions of public procurement. The changes concerning remediation and the procurement passport will reduce both the work load of procurers and the administrative burden of entrepreneurs. Two of the changes made on the basis of the complaints of the European Commission are of a technical nature and concern one of the prerequisites for cooperation between suppliers, i.e. the calculation of the percentage of activity taking place on the open market and, in the case of innovation partnerships, the accuracy of the description contained in the basic documents of public procurement. Two changes concern the authorization of negotiations with the successful tenderer in case of a competitive dialogue to refine the offer, which, considering the nature of this procedure, can be very important for the final establishment of the terms of the procurement contract. In the course of negotiations and specification of the offer, you must not to change the tender or the basic documents of the public procurement, and it must be ensured that the tenderer is not placed in a more favorable position compared to other tenderers. The change allows for flexibility, which is critical to achieving a high-quality outcome when using adversarial dialogue. The other two changes deal with the determination of these shares either as a relevant range or, if this is not possible for objective reasons, the importance of in order. Although procurers are used to assigning specific weightings to the evaluation criteria, which is also the most transparent and controllable way and best ensures equal treatment of companies in the evaluation of tenders, the added flexibility can help in certain cases to find the most economically advantageous tender.

Machine translation from Estonian. The official text remains authoritative.

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