Прекратяване на процедура за възлагане на обществена поръчка
Termination of a Public Procurement Procedure

Author(s): Ilonka Goranova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: public procurement act; public procurement procedure; legal nature; termination
Summary/Abstract: The Public Procurement Act (PPA) provides for four hypotheses related to the manner in which public procurement procedures are concluded. This can be done by issuing a decision to appoint a contractor under a public procurement contract, by a decision to conclude a framework agreement, by a decision to rank the participants and/or award prizes and/or other payments in a design competition, or by a decision to terminate the procedure (Art. 38 of the PPA). The subject of this report are the issues related to the legal nature of the decision to terminate a public procurement procedure, the grounds for its issuance, the legal possibility of its appeal to the Commission on Protection of Competition. It is noted that the termination of procedure without any legal grounds constitutes an administrative offence for which the legislator provides for a fine or a pecuniary sanction on the contracting authority.

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