Ministry of
RULES
Rules No.
Regional
Conditions for the Preparation
Approval Date
Development
and Implementation of Projects
Version
and EU Funds
(MRDEUF)
Rules Approved by
Annex 01
02
August 2013
4.0
Minister of
MRDEUF
PROCUREMENT PROCEDURES FOR NON-PURCHASING ORGANISATIONS
1. Where the Beneficiary is a legal entity to which the Public Procurement Act (PPA)
(OG No. 90/2011) does not apply, he shall be considered as the Non-Purchasing
Organization (hereinafter NPO). To NPO, the following general principles and CNRs
apply.
2. Conditions and requirements for procurements governed by the provisions of this
Annex are based on the following general principles:

the principle of rational and efficient spending of public funds (ensuring that
granted funds are used in an accountable way, maximising the resources to
meet the objectives in the best possible manner and at minimum cost);

the principle of free movement of goods and services and principle of
freedom of establishment (enabling providers to pursue a stable, continuous
activity in one or more MS and/or offer temporary services in another MS
without having to be established there, and prohibiting import and export
restrictions between all MSs);

the principle of equal treatment and non-discrimination (ensuring all
competitors the right to receive the same treatment, in terms of the
opportunity to submit a tender in the same way and to be selected, without
being discriminated against on the basis of criteria such as age, disability,
nationality, race and religion);

the principle of transparency (ensuring unimpeded visibility and openness, in
a way that all information on procurement procedure is clearly defined and
made available to the parties concerned);

the principle of mutual recognition (ensuring that, notwithstanding the
existence of a national technical rules in the MS of destination, goods or
services of lawfully produced or marketed in another MS enjoy a basic right to
free movement);

the principle of avoidance of conflict of interest (ensuring that situations in
which the impartial and objective performance of tasks by any of the parties
involved in the procurement procedures referred to in this Annex is
compromised for reasons involving family, emotional life, political or national
affinity, economic interest or any other shared interest with the Beneficiary,
are avoided.
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3. The NPO may use the direct award on the basis of a single offer only in the
following cases:

in case the total estimated value of the object of the procurement is less than
HRK 150.000,00; or

in duly substantiated exceptional extreme urgency case caused by an event
that the NPO could not have anticipated and could not have influenced and
which can in no way be attributed to it, referring to the needs for preserving
human lives, material property or preventing further damages of assets
related to the contract, and when
consequently specific elements of the
provisions of this Annex can in no way be applied in a real time; or

in case it is not possible to gather offers for the object of the procurement at
the market since the object of the procurement is linked exclusively to a
specific company which is the sole and only able to deliver the object of the
procurement (due to so called technical reasons or reasons related to the
protection of specific or exclusive right); or

in case it is necessary to contract additional works, supplies or services
contracted under the basic grant contract, and which are indispensable for
the completion of the project; in this case the total value of additionally
contracted works, supplies or services may not exceed 15% of the initial total
value of that specific cost defined in the basic grant contract.
4. In case the total estimated value of the object of the procurement is HRK
150.000,00 or more, and less than HRK 500.000,00, a negotiated procedure without
publication, in which the NPO consults at least three contractors of its choice and
negotiates the terms of the contract with one or more of them, must be applied.
4.1. The legal representative of the NPO shall be person responsible for the
entire procurement procedure.
4.2. The procurement procedure referred to under point 4. of this Annex
commences with the sending of Invitations to Potential Providers to submit
their tenders.
5. In case the total estimated value of the object of the procurement is HRK
500.000,00 or more, a procedure with the publication of the Procurement Notice
(PN) must be applied.
5.1. The PN must be published in the Official Gazette of the Republic of
Croatia (OG).
5.2. The Tender Dossier must be published in at least one appropriate
electronic media in Croatia, whereat the web site of the NPO is considered as
one of the appropriate media, until the expiry of the date for submission of
tenders.
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5.3. For the purpose of implementing the procurement procedure specified
under point 5 of this Annex, the legal representative of the NPO shall
nominate the Procurement Committee.
5.4. The Legal representative of the NPO shall be the person responsible for
the entire procurement procedure.
5.5. The procurement procedure referred to under point 5 of this Annex
commences with the publication of the PN.
6. For procurements specified under points 3, 4 and 5 of this Annex, the legal
representative of the NPO shall endorse the Procurement plan, containing the list of
all procurements planned for the entire duration of the project, with clear links to
project activities/project budget lines.
6.1 The Beneficiary shall submit the Procurement plan to IB2 for approval in
line with the provisions specified in the Grant Contract.
6.2. The Beneficiary shall inform the IB2 on every modification of the
Procurement plan in line with the provisions of the Grant Contract.
7. The thresholds specified under points 3 to 5 of this Annex refer to total
estimated value of the object of the procurement, excluding the taxes which are
reimbursable to the NPO
8. The NPO develops a detailed description of the object of the procurement,
containing all necessary specifications of the object.
8.1. The object of the procurement must be described in a clear, complete
and non-discriminatory way, enabling the competition among competitors
and comparability of offers (i.e. tenders) regarding demands set by the NPO.
8.2. The usage of the trade mark is generally not allowed in the description of
the object of the procurement, except in cases when it is the only way to
describe precisely the object of the procurement. In those cases, besides the
specification of the trade mark it is obligatory to insert the syntagma “or
equivalent”.
8.3. For objects of the procurement specified under point 4 of this Annex, a
detailed description of the object of the procurement prepared by the NPO
will be sent as the Invitation to Potential Providers to submit their tenders.
8.3.1. Invitation to Potential Providers must contain at least:
-
name and address of the NPO;
-
technical specifications and/or terms of reference and/or all
relevant technical details of the object of the procurement;
-
the deadline for submission of tenders (date and time);
-
conditions and requirements to be met by potential providers;
-
the modality of submission of tenders;
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-
the address/source where additional information/documentation is
available (if applicable);
-
the address (postal or electronic) for delivery of tenders;
-
name, surname, telephone number and email address of the
contact person;
-
the specification of the award criteria to be applied in in
procurement procedure; and
-
the list of exclusion criteria applicable for participation in
procurement procedure.
8.3.2. The NPO must send invitations to potential providers in a way
which enables the evidence of receipt of the invitation from the part of
the potential provider, whereat a delivery note, and/or a copy of report
of successful delivery via fax, and/or printed report of email being
read, among others, are considered as appropriate evidence of receipt
of the invitation from the part of the potential provider.
8.4. For objects of the procurement specified under point 5 of this Annex, a
description of the object of the procurement will prepared by the NPO in the
form of the PN (to be published in the OG) and in the form of the Tender
Dossier (to be published in at least one appropriate electronic media in
Croatia, whereat the web site of the NPO is considered as one of the
appropriate electronic media).
8.4.1. The PN must contain at least:
-
name and address of the NPO;
-
basic information on technical details of the object of the
procurement;
-
the deadline for submission of tenders (date and time);
-
the
electronic
address
where
additional
information
and/or
documentation is available (if applicable).
8.4.2. The Tender Dossier must contain at least:
-
name and address of the NPO;
-
technical specifications and/or terms of reference and/or all
relevant technical details of the object of the procurement;
-
complete documentation relevant for the procurement procedure;
-
the deadline for submission of tenders (date and time);
-
conditions and requirements to be met by potential providers;
-
the modality of submission of tenders;
-
the address (postal or electronic) for delivery of tenders;
-
name, surname, telephone number and email address of the
contact person;
-
the specification of the award criteria to be applied in in
procurement procedure; and
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-
the list of exclusion criteria applicable for participation in
procurement procedure.
9. When defining the deadlines for submission of tenders, the NPO will take into
consideration the complexity of the object of the procurement, and the time
required for the preparation of the tender.
9.1. The deadline for submission of tenders in cases specified under point 4
of this Annex shall not be shorter than 10 calendar days, starting from the
date when the evidence of receipt of the invitation from the part of the
potential provider is received by the NPO.
9.2. The deadline for submission of tenders in cases specified under point 5
of this Annex shall not be shorter than 30 calendar days, starting from the
date of the publication of the PN.
10. After the deadline for submission of tenders, the Procurement Committee
checks the content of the tenders submitted, compares the technical specifications
and/or terms of reference and/or all relevant technical details of the object of the
procurement offered, determines all relevant conditions of the tenders (deadlines,
prices, and similar).
10.1. The tender that meets all the requirements, and
10.1.1. is the least expensive (in this case the sole criterion is the
price), or
10.1.2. is the is the most economically advantageous (in this case the
criterion is the best value for money, based on quality, price, technical
advantage, functional features, ecological characteristics, operational
costs, date of delivery, or similar)will be considered as the best offer.
10.2. Potential providers will be excluded from participation in the
procurement procedure at any stage if:

they have been convicted of a criminal offence or have been convicted
concerning their professional conduct, based on national legal provisions
of the country of establishment; or

were guilty of misrepresentation in supplying the information required by
the Non-Purchasing Organization as a condition of participation in the
procurement procedure ; or

they are bankrupt or being wound up or in any stage of the bankruptcy
proceeding or are having their affairs administered by the courts, have
entered into an arrangement with creditors, have suspended business
activities, are the subject of proceedings concerning those matters, or are
in any analogous situation arising from a similar procedure provided for in
national legislation of the country of establishment; or
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
within the last three years from the date of the commencement of the
procurement procedure they have been guilty of grave professional
misconduct proven by any means which the Beneficiary can justify.
10.3. Depending on the decision of the NPO, potential providers may be
excluded from participation in the procurement procedure at any stage if they
have not fulfilled obligations relating to the payment of social security
contributions or the payment of taxes in accordance with the legal provisions
of the country in which they are established.
10.4. Potential providers must state in the signed declaration annexed to the
tender that they are not in one of the situations listed under point 10.2., and,
if applicable, under point 10.3.
10.5. In procurement procedures in which the sole award criterion is the
price, as specified under point 10.1.1 of this Annex, and when the least
expensive offer exceeds the total estimated value of the object of the
procurement, this offer will be considered as unacceptable.
10.6. In case of tenders related to the object of the procurement specified
under the points 4 and 5 of this Annex, the Procurement Committee shall
draft the Minutes of the evaluation meeting.
10.6.1. The Minutes of the evaluation meeting shall contain at least:

the data on potential providers that submitted the tenders (name,
address, contact details):

statement on the compliance of offers with the object of the
procurement, or the list of elements of incompliance of offers;

the price of each offer;

the deadlines proposed for the delivery of the object of the
procurement in each of the offers;

the best offer selected and reasons for its selection;

the names and signatures of the Procurement Committee and the
legal representative of the NPO;

declaration on impartiality, objectivity and non-existence of conflict
of interest, signed by all Procurement Committee members and the
legal representative of the NPO.
10.6.2. In case that not all the members of the Procurement Committee
agree on the best offer, their different interpretations must be
described in the Minutes of the evaluation meeting. The offer selected
will be the one on which more than half of the members agree upon.
10.7. The NPO must inform all entities who submitted the tender on the final
results of the selection, by sending them the information on decision on the
selection, or the information on decision on the cancellation.
10.7.1. Decision on the selection must contain at least:
- name and address of provider selected;
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- the total value of the best offer selected.
10.7.2. Decision on the cancellation must contain at least the reasons
for cancellation and instruction on the remedy
10.7.3. Decision on the selection or the Decision on the cancellation
will be sent to all entities who submitted the tender within 20 calendar
days from the deadline for submission of the tenders the latest, and in
a way which enables the evidence of receipt of the Decision from the
part of those entities (by a delivery note, copy of report of successful
delivery via fax, printed report of email being read, and similar).
10.7.4. Potential providers may submit a complaint on a Decision on
the selection or the Decision on the cancellation to the NPO within 10
calendar days from the date of receipt of the Decision. The NPO shall
answer to the complaint within 10 calendar days. Should the potential
provider be discontented with the answer to the complaint, he may
initiate the relevant court procedure. The submission of the complaint
or the initiation of the court procedure shall not hold off the
finalisation of the procurement procedure (by issuing the order form
for the object of the procurement or signing of the contract with the
selected provider, as described under points 10.8. and 10.9.).
10.8. In cases specified under point 4 and 5 of this Annex, after the selection
of the best offer, the NPO shall either issue the order form for the object of
the procurement or sign the contract with the selected provider.
10.9. In no case shall the NPO issue the order form for the object of the
procurement or sign the contract with the provider which is in any of the
situations listed under point 10.2 of this Annex.
11. In case that no tender or no acceptable tender is submitted, the NPO is obliged
to cancel the procurement procedure.
11.1. The NPO is obliged to publish the information on the cancellation in at
least one appropriate electronic media in Croatia, whereat the web site of the
NPO is considered as one of the appropriate media.
11.2. The NPO is obliged to re-launch the procurement procedure within 30
calendar days from the date of the Minutes of the Evaluation Meeting.
12. The Procurement Committee established for the purpose of implementing the
procurement procedures specified under points 4 and 5 of this Annex, shall be
composed of at least three voting members, of which one can nominated the chair
of the Committee responsible for managing the work of the Procurement
Committee. In no case shall the number of the Procurement Committee members
be an even number.
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13. The provisions of this Annex shall not apply to procurements of NPO, in the
following cases:
13.1 when the Beneficiary can prove that for the object of the procurement
there is only one supplier in the market that can offer compatible items which
meet the performance requirements;
13.2 when the object of the procurement is/are:
13.2.1. the acquisition, and/or lease and/or renting of existing
buildings, other immovable property, land, or the rights to
them, regardless of the method of financing;
13.2.2. the arbitration and/or conciliation services;
13.3. when following the procurement between the Beneficiary and the third
party the following types of contracts are closed and/or signed:
13.3.1. Employment contracts;
13.3.2. Contracts for radio and television broadcasting;
13.3.3. Contracts for publication in the OG.
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