Нарушаване на забраната по чл. 25, ал. 7 от Закона за обществените поръчки
Violation of the prohibition under article 25, paragraph 7 of the Public Procurement Act

Summary/Abstract: One of the most common mistakes made by the contracting authorities refers to the violation of the prohibition as set out in Article 25, paragraph 7 of the Public Procurement Act (PPA) – that is when the selected criterion for the award of public contracts is the one of “the most economically advantageous tender”, the contracting authorities are not allowed to use in the capacity of award criteria the selection criteria under Article 25, paragraph 2, item 6 of the PPA. The subject of the present article is to clarify the nature of the prohibition under Article 25, paragraph 7 of the PPA, as well as the legal consequences that such a violation entails. For this purpose, the selection criteria and the award criteria are discussed, and special attention is paid to their differentiation. The law explicitly enjoins the mix-up between selection criteria and award criteria. The violation of that prohibition is an administrative offence which results in imposing a penalty sanction, respectively, a fine upon the contracting authority. Regardless of the administrative penal provisions of PPA, the current legislation still provides for an opportunity to impose financial corrections in cases when it comes to costs associated with the implementation of operational programmes co-financed by structural instruments of the European Union, the European Agricultural Fund for Rural Development and European Fisheries Fund for non-observance of the rules with reference to public procurement.

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