Primjena kriterija ekonomski najpovoljnije ponude u postupcima javne nabave u Republici Hrvatskoj
Application of the economically most favorable offer criteria in public procurement procedures in the Republic of Croatia

Author(s): Dušanka Marinković Drača
Subject(s): History, Law, Constitution, Jurisprudence, Public Law, Evaluation research, Transformation Period (1990 - 2010), Present Times (2010 - today), Law on Economics
Published by: Fondacija Centar za javno pravo
Keywords: Public law; Law on Public Procurement; Republic of Croatia; criterion; most favorable offer; practice; history; evaluation;
Summary/Abstract: In this article the author gives insight of legislative regulation and analysis of “most economically advantageous tender” application in public procurement procedures in the Republic of Croatia. The article points out on main obstacles for application of this practice, considering that “most economically advantageous tender” is almost negligible criterion in public procurement procedures. Frequent changes of public procurement legislation did not affect increasing number of procedures in which, along lowest price, other criterion were represented, which could achieve “value for money” objective. Restrictive approach of the State Commission for Supervision of Public Procurement Procedure in application of this criterion, which demands from contracting authority that literally every criterion value, even the evaluation for qualitative criterions, could be recalculated in monetary amount, additionally discourages contracting authorities to conduct procedures applying “most economically advantageous tender” criterion. New Public Procurement Act, which will be applied from 1st January 2012, author sees as a chance for change in approach, for which additional special education is necessary for all participants in that procedure.

• Details
• Contents