ORGANIZACIÓN MUNDIAL
DEL COMERCIOGPA/49
15 de mayo de 2001
(01-2484)
Comité de Contratación Pública Original:  inglés
NOTIFICACIÓN DE LA LEGISLACIÓN NACIONAL DE APLICACIÓN
Comunicación de Bulgaria
Se ha recibido de la Misión Permanente de la República de Bulgaria la siguiente
comunicación, con el ruego de que se distribuya al Comité de Contratación Pública.
_______________
Con referencia al proceso de adhesión de Bulg aria al Acuerdo sobre Contratación Pública, se
distribuye a las partes en el Acuerdo la siguiente legislación1 de Bulgaria en la esfera de la
contratación pública:
- Ley de Contratación Pública, de 25 de junio de 1999;
- Reglamento sobre la gestión del registro de contratación pública, de 1º de noviembre
de 2000;
- Reglamento sobre la concesión de contratos públicos cuyo valor sea inferior a los
umbrales establecidos en el párrafo 1 del artículo 7 de la Ley de Contratación Pública,
de 5 de mayo de 2000.
                                                     
1 En inglés solamente (traducido del búlgaro).GPA/49
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REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
PUBLIC PROCUREMENT LAW
(published in State Gazette, No. 56 of 22 June 1999, in force as of 25 June 1999)
CHAPTER ONE
GENERAL PROVISIONS
Section I
Purpose
Article 1 This Law lays down the conditions and rules for awarding of public procurement
contracts.
Article 2 This Law aims at increasing the efficiency of budget and public resources spending
through:
1. establishment of transparency;
2. carrying out of efficient control on expenditures;
3. provision of competitive conditions;
4. economic development promotion.
Section II
Public Procurement Subjects
Article 3 (1) Subjects of public procurement shall be:
1. Construction works, including:
a) engineering;
b) performance of individual or complex construction or assembly 
work;
c) horizontal or vertical extension, raising of superstructures; 
rehabilitation and reconstruction of buildings;
d) delivery, assembly and disassembly of technological equipment 
carried out in the construction process.
2. Supplies in the form of:
a) purchase of products;
b) purchase, rental or hire or leasing of machines, facilities and complex
equipment.
3. Provision of the following services:
a) maintenance, running and extensive repairs of buildings, machines or
equipment;
b) activities related to getting constructions into exploitation;
c) demolition of buildings and construction facilities;
d) transport by land, by air and by water;
e) telecommunications;
f) insurance;g) design and installation of hardware or software;
h) accounting and auditing;
i) scientific and research activities;GPA/49
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j) management consultant services and related services;
k) planning at all phases including urban and geodesic planning, 
preliminary surveys and construction plans;
l) market research, advertising and public opinion polling;
m) real estate management and maintenance;n) publishing, distribution and printing services, including the printing 
of securities, standard documents and registered forms bearing serial 
numbers or such as may be used in the collection of state revenue or 
such as contain tax related information or have nominal value;
o) legal services;
p) household waste disposal, refuse disposal and similar services, 
planting, grassing and other development services in residential areas;
q) training and retraining;
r) security and security systems;
s) financial services, except those provided by the Bulgarian National 
Bank and those related to the national debt management.
(2) Public procurement contracts shall be contracts with pecuniary interest 
concluded in writing between a procuring entity and a contractor for the 
performance of public procurement under paragraph 1, in accordance with 
the rules laid down in this Law.
Section III
Procuring Entities
Article 4 Procuring entities are:
(1) State authorities, mayors of municipalities, higher schools, as well as other 
authorities and organisations disposing of funds from the consolidated state 
budget, including:
1. health insurance and pension funds;
2. non-profit legal organisations;
(2) Non-profit organisations established by one or several state authorities and/or
local authorities;
(3) Public undertakings exercising one or several of the following activities, 
including on the basis of concession or license:
a) operation of fixed public service networks for production, transport 
or distribution of drinking water, electricity, gas or thermal energy, as
well as their supply to such networks;
b) exploitation of oil and gas fields, coal or other solid fuels;
c) operation of airports, harbours or other terminal facilities for carriers;
d) operation of public transportation networks;e) operation of telecommunication networks or provision of 
telecommunication and postal services, as well as automated systems
for public services.
Article 5 (1) Any Bulgarian or foreign natural person or legal entity, as well as their joint 
ventures, may apply for contractors under public procurement contracts.
(2) The contractor under a public procurement contract shall be registered as 
commercial entity within the meaning of the Commercial Law or shall 
exercise a liberal profession.GPA/49
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Section IV
Scope
Article 6 This Law shall not apply to public procurement:
1. related to national defense and security, that are subject to state secret, or 
whose execution involves special security arrangements in accordance with national legislation in force;
2. governed by procedural rules and awarded in accordance with international 
agreements;
3. awarded pursuant to special procedure of an international organization;
4. if the supplier is a procuring entity within the meaning of Article 4, 
paragraph 3.
Article 7 (1) The provisions of this Law shall apply to public contracts, the estimated 
value of which, without VAT, at the date of announcing the procedure is as 
follows:
1. for construction works under Article 3, paragraph 1, point 1 - exceeding 
600 000 BGL;
2. for supplies under Article 3, paragraph 1, point 2 - exceeding 50 000 BGL;3. for services under Article 3, paragraph 1, point 3 - exceeding 30 000 BGL.
(2) When the public procurement contract covers both supplies of products and 
services, this Law shall apply to the total estimated value of products and 
services as defined in paragraph 1, point 2.
(3) A procurement shall not be divided with the intention of avoiding the 
application of this Law, even in the case of construction works in phases, 
when the finished phase cannot obtain permission for use as an independent 
site or installation with an independent economic or technical function.
(4) The conditions and rules for awarding of public procurement contracts below 
the thresholds set out in Article 7, shall be laid down in a Regulation of the Council of Ministers and shall provide for measures ensuring and 
encouraging the participation of small and medium-sized enterprises.
Section V
Valuation of Contracts
Article 8 (1) The value of public procurement contracts shall be determined as follows:
1. in case of construction works contracts - the value include the cost of 
supplying of all products and the provision of services related to the construction process;
2. in case of contracts for the rental or hire purchase of products - for the whole 
contract term;
3. in case of contracts for the lease purchase of products - for the whole 
contract term plus anticipated residual value of assets;
4. in case of recurring supply or service contracts - based on the actual 
aggregate value of similar contracts concluded over the previous fiscal year 
and adjusted, where possible, for anticipated changes in quantity or value;
5. in case of contracts for an indefinite period - the monthly instalment 
multiplied by 48;
6. in case of insurance services - the total payable premium;
7. in case of financial services - all fees, commissions and interest, as well as 
any forms of remuneration;
8. in case of contracts that involve project work out - the remuneration for the 
working out of the project, as well as all fees receivable.GPA/49
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(2) The selection of the valuation method shall not be used with the intention of 
avoiding the application of this Law.
CHAPTER TWO
GENERAL RULES FOR AWARDING
Section I
Principles
Article 9 Public procurement contracts shall be awarded through a procedure as laid down in
this Law in accordance with the following principles:
1. ensuring publicity of the procedures and transparency;
2. free and fair competition;
3. providing equal opportunities for participation of all interested suppliers;
4. ensuring the keeping of trade secrets of interested suppliers and their tenders.
Article 10 (1) The procuring entities shall send annually by 31 January to the State Gazette  
information for the intended procurement throughout the year where the total 
value is estimated to equal or exceed 1 000 000 BGL, with the aim of 
informing the potential contractors.
(2) The information for the intended procurement throughout the year shall 
include information for the intended construction works, supplies and 
services separately.
(3) The publication of information for the intended procurement shall not oblige 
the procuring entity to conduct procedure for awarding of public 
procurement.
(4) The procuring entity shall have the right to initiate public procurement 
procedures which have not been included in the published information for the
intended procurement not earlier than one month after the additional 
publication.
Article 11 (1) The Minister of State Administration shall establish a Public Procurement 
Register.
(2) The procuring entities shall be obliged to send the necessary information to 
the administration of the Council of Ministers for registration in Public 
Procurement Register.
(3) The Public Procurement Register shall be open to the general public.
Article 12 (1) All communications from the procuring entity and the tenderers shall be in 
writing.
(2) Decisions of the procuring entity which have to be communicated to the 
tenderers, shall be delivered in person against signature or shall be sent by 
registered mail with proof of receipt.
Section II
Award Procedures
Article 13 (1) Public procurement shall be awarded through open, restricted or negotiation 
procedure.
(2) Under the open procedure, the procuring entity shall invite all interested 
suppliers to submit tenders.GPA/49
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(3) Under the restricted procedure, only those suppliers who, following a pre-
qualification procedure, have been invited to participate by the procuring 
entity in writing, may submit a tender.
(4) Under the negotiation procedure, the procuring entity shall award a public 
procurement contract through negotiations with one or more pre-selected suppliers.
(5) The passing over from one type of procedure to another shall be allowed only
when the initially announced procedure has been terminated without the 
conclusion of contract.
Article 14 The procuring entity shall decide to initiate an open procedure for awarding of public
procurement contract in all cases, except otherwise provided for in this Law.
Article 15 The procuring entity shall decide to initiate a restricted procedure for awarding of
public procurement contract when:
1. due to the specific character of the procurement, the contract can be 
performed only by a limited number of suppliers;
2. due to the complex technical nature of the procurement, in the course of 
contract performance subsequent technical and technological clarifications need to be made;
3. the open procedure has been cancelled or terminated without the conclusion 
of contract.
Article 16 The procuring entity shall decide to init iate a negotiation procedure for awarding of
public procurement contract only when:1. the procurement is related to scientific research, experiment or studies. The 
results of such procurement shall not be used for mass production or the 
establishment of the product's commercial viability;
2. there is a need for prevention of accidents or elimination of after-effects from
accidents or natural calamities, or there is a risk of damage on a large scale, or when people's health and safety are at risk;
3. in case of additional deliveries by the same supplier, but not later than six 
months from awarding of the initial co ntract, provided that the following 
conditions are met simultaneously:
a) the initial contract has been awarded by open or restricted procedure 
and the procuring entity had stated the possibility of additional 
deliveries in its invitation to tender;
b) the change of supplier would entail the purchase of material of 
different technical characteristics that might result in a lack of 
compatibility or in technical difficulties in operation or maintenance;
c) the unit prices remain the same as under the main contract and 
adjustment in line with official rate of inflation is allowed;
d) the total value of such additional procurement does not exceed 20 per
cent of the value of the main contract;
4. the procurement is for a repetition of a service supplied, or for additional 
services by the same contractor not later than one year from the award of the 
main contract, provided that the following requirements are met simultaneously:
a) the main contract has been awarded by open or restricted procedure 
and the procuring entity had stated the possibility of additional 
procurement in its invitation to tender;
b) the unit prices remain the same as under the main contract and 
adjustment in line with inflation is allowed;GPA/49
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c) the total value of such additional procurement does not exceed 20 per
cent of the value of the main contract;
5. awarding the contract to another supplier would result in infringement of 
copyright or other intellectual property rights;
6. the public procurement contract for supply is to be concluded with pubic 
undertaking that is bankrupt, or is the subject of proceedings for declaration 
of bankruptcy, or it is being wound up;
7. the products and services are included in a list approved by the Council of 
Ministers pursuant to Article 22, paragraph 1 of the Law on Protection, 
Rehabilitation and Social Integration of Disabled People.
Section III
Public Procurement Contract
Article 17 (1) The procuring entity shall conclude a public procurement contract with the 
successful tenderer in accordance with the Commercial Law or the Law on 
Obligations and Contracts.
(2) The public procurement contract shall include all tender terms of the supplier 
to whom the contract is awarded.
(3) The procuring entity shall conclude the contract under paragraph 1 within one
month of the announcement of award decision.
(4) The procuring entity shall send to the Minister of State Administration, for 
registration in the Public Procurement Register, information on public 
procurement contracts not later than 14 days from the date of their conclusion.
Article 18 A public procurement contract shall not be concluded:
1. before the expiry of the time-limit to launch a complaint against the 
procuring entity's award decision;
2. in case of complaint filed against the procuring entity's award decision - by
the time when a decision on the complaint has been taken;
3. with the successful tenderer who fails to present, upon contract signature, an 
evidence of registration pursuant to Article 5, paragraph 2.
Article 19 Provisions of a public procurement contract may be amended or supplemented only
in case of circumstances, the arising of which concern the legal interest of any of the
parties.
Article 20 The procuring entity may terminate a public procurement contract, if due to
circumstances that arise after its conclusion, it is not in a position to meet its
obligations. In such case, the contractor sha ll be entitled to appropriate indemnity for
the damages incurred after the contract conclusion.
Section IV
Cancellation of a Public Procurement Procedure
Article 21 (1) The procuring entity shall cancel a public procurement procedure when:
1. less than three tenders have been submitted for participation in an open or 
restricted procedure;
2. no tender meets the pre-announced tender conditions;
3. the top three ranking tenderers successively refuse to conclude a contract;4. there has been no competition;GPA/49
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5. the grounds for carrying out the procedure cease to exist as a result of 
significant change in circumstances, including in circumstances that render 
impossible the provision of financing for the procurement performance for 
reasons which the procuring entity could not have foreseen or caused.
(2) The procuring entity shall not be obliged to set out the grounds referred to in 
paragraph 1, point 5 in the tender conditions.
Section V
Decision for Initiation of a Public Procurement Procedure
Article 22 (1) The decision for initiation of a public procurement procedure shall include:
1. the subject of public procurement;
2. the legal and actual grounds for initiating the procedure;
3. the type of procedure;4. the time-limit and place for delivery;
5. restrictions for contract performance, if any;
6. qualification requirements to tenderers;
7. quality requirements;
8. the terms concerning tender price formation and payment;9. the period of tender validity;
10. the type and value of tender guarantee;
11. the criteria for evaluation of tenders and the method of determining their 
weight in the complex tender evaluation;
12. the place, date and time for examination and evaluation of tenders.(2) The procuring entity may also include in the decision additional requirements
to contract performance, such as:
1. conditions relating to the solution of environmental issues, unemployment, 
job creation for disabled workers, and to the use of local resources and raw 
materials in certain regions;
2. requirements relating to the protection of the national security, defence and 
public order;
3. conditions relating to stimulating the participation of small and medium-sized
enterprises as sub-contractors.
(3) The procuring entity may specify methods of payment for contract 
performance, as follows:
1. in cash;2. in case of construction works - against conceding the right to use the 
construction site; or
3. other relevant compensation constituted by law.
CHAPTER THREE
GENERAL CONDITIONS FOR PARTICIPATION IN A
PUBLIC PROCUREMENT PROCEDURE
Section I
Requirements to Tenderers
Article 23 Any person who meets the requirements announced by the procuring entity may
participate in a public procurement procedure.
Article 24 (1) Tenderers shall not be eligible for participation in a public procurement 
procedure where:GPA/49
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1. they are declared bankrupt or are the subject of proceedings for declaration of
bankruptcy;
2. they are sentenced for bankruptcy;
3. they are being wound up;
4. their right to perform business activities has been suspended;5. payments that have been determined by act of the relevant competent 
authorities are due to the state or where social security contributions are due;
6. they have been convicted of an offence against property or economy by a 
judgement that has the force of res judicata unless they have been  
rehabilitated subsequently.
(2) The requirements defined in paragraph 1 point 6 shall refer to managers or 
members of managing bodies of the tenderer.
(3) The circumstances under points 1, 2, 3 and 5 of paragraph 1 shall be certified 
with a document issued by the relevant competent authority and those under 
points 4 and 6 of paragraph 1 - with a declaration.
(4) The restrictions under paragraph 1 points 1 and 3 shall not apply to the cases 
referred to in Article 16, paragraph 6.
Section II
Tender
Article 25 (1) Upon preparing of tenders, tenderers shall abide by the conditions announced
by the procuring entity.
(2) In open procedures, each tenderer may modify, supplement and withdraw its 
tender by the deadline for submission of tenders.
Article 26 (1) Each tenderer shall have the right to submit only one tender in the public 
procurement procedure.
(2) An entity that has agreed to perform a contract as sub-contractor shall not 
have the right to submit its own tender.
Article 27 (1) The tender shall contain:
1. the document of legal registration of the tenderer;
2. evidence of tenderer's commercial reputation;
3. the time-limit for contract performance and price proposal;
4. evidence of technical capability for performance of the contract;
5. the names of sub-contractors that will participate in the contract performance;
the sub-contractors shall meet all the requirements that apply to tenderers;
6. the document certifying the provision of tender guarantee;
7. copies of the tenderer's annual balance sheet and account for the previous 
financial year; this requirement shall not apply to newly registered tenderers 
and those who exercise a liberal profession;
8. documents from the relevant competent authorities certifying that none of the
circumstances referred to in Article 24, paragraph 1, points 1, 2, 3 and 5 
apply;
9. a declaration certifying that none of the circumstances referred to Article 24, 
paragraph, points 4 and 6 apply.
(2) Where the tenderer is a consortium, which has not assumed a specific legal 
form, each legal or natural person who participates in the consortium shall 
furnish the documents referred to in paragraph 1.
(3) The tender shall be put in a sealed non-transparent envelope and delivered by 
the tenderer or by his duly authorised representative by hand against GPA/49
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acknowledgement of receipt or shall be submitted by registered mail with 
proof of receipt.
(4) The sequence, date and hour of receipt of tenders shall be entered on the 
envelope and in a special register. An acknowledgement of receipt shall be 
given to the bearer.
(5) The procuring entity may require that the price proposal be submitted in a 
separate sealed envelope bearing the words "Price Proposal".
(6) Tenders received after the deadline shall be rejected by the procuring entity. 
Tenders received in unsealed envelopes shall also be rejected. Such tenders 
shall be returned to the tenderer and th at shall be entered into the register.
Article 28 (1) A tenderer participating in a public procurement procedure shall indicate in 
the tender his intentions to use sub-contractors.
(2) The share of the contract to be entrusted to a sub-contractor shall not exceed 
30 per cent of the total tender price.
(3) The share of the contract to be entrusted to a sub-contractor may be up to 50 
per cent of the total tender price if the tenderer is foreign natural or legal 
person or consortium provided that the sub-contractors are Bulgarian natural or legal persons.
Article 29 (1) The period of validity of tenders shall include the time during which 
tenderers remain bound by their tenders. The procuring entity shall specify 
that period in calendar days.
(2) The period of validity of tenders shall be equal for all tenderers. It may be 
extended for the top three ranking tenderers by the time of conclusion of the 
procurement contract, but in no case by more than 90 calendar days.
Section III
Tender Guarantee
Article 30 The tenderer shall provide a guarantee for participation in the public procurement
procedure. The form and amount of this guarantee shall be specified by the procuring
entity as a percentage of the contract value, but in no case less than 1 per cent.
Article 31 The guarantee shall be provided in one of the following forms:
1. bank guarantee;
2. pledge of government securities or other securities listed for trading on the 
stock exchange with market value equal to the guarantee amount established 
by the procuring entity;
3. cash deposit.
Article 32 The procuring entity shall have the right to retain the guarantee where the tenderer:
1. withdraws its tender after the deadline  specified for submission of tenders;
2. files a complaint against the award decision, until the dispute is resolved by 
the court;
3. who is awarded a contract fails to conclude a public procurement contract.
Article 33 (1) The guarantees provided by unsuccessful tenderers shall be released by the 
procuring entity within 3 working days after expiry of the deadline for 
complaints against decisions under Article 45, paragraph 1. Upon termination
of the public procurement procedure all guarantees shall be released.
(2) The guarantees provided by successful tenderers shall be released within 3 
working days after the conclusion of a public procurement contract.GPA/49
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(3) The guarantee provided by a tenderer with whom the procuring entity 
concludes a public procurement contract shall be transformed into a contract 
performance guarantee and shall be released upon the contract completion.
(4) Upon the release of guarantees under paragraphs 1, 2 and 3, no interest for 
the period through which the resources have been lawfully held with the procuring entity is due.
CHAPTER FOUR
OPEN PROCEDURE
Section I
Invitation for Participation in Open Procedures
Article 34 (1) In open procedures, invitations for participation shall contain:
1. the name, address and telephone numbers of the procuring entity;2. the procuring entity's decision for initiation of a procedure;
3. the place where tender documentation can be obtained, the time-limit, the 
price and the method of payment for the documentation for participation in 
the procedure;
4. the place and time-limit for submission of tenders.(2) The procuring entity shall send invitations for participation in open 
procedures simultaneously to the State Gazette and the Public Procurement 
Register at least 45 calendar days before the date specified for the open 
tendering.
(3) The time-limit under paragraph 2 may be reduced to 30 calendar days if the 
procuring entity has included the public procurement in its information for 
intended procurement for the year referred to in Article 10.
(4) The State Gazette shall publish the invitation for participation in the Public 
Procurement Bulletin not later than 5 calendar days after its receipt.
(5) After sending the invitation to the St ate Gazette, the procuring entity shall 
also publish it in one local or national daily newspaper. The date on which 
invitations have been to the State Gazette shall be indicated.
(6) If no or less than 3 tenders have been submitted within the time-limit 
specified under paragraph 2, the procuring entity shall have the right to 
extend the time-limit for submission of tenders by no more than 30 days.
(7) Any change to the time-limit for submission of tenders shall be published in 
accordance with paragraph 4 and communicated in writing to tenderers who have presented tenders.
Section II
Preparation of Open Procedures
Article 35 (1) The procuring entity shall prepare and conduct the open procedure.
(2) The procuring entity shall be responsible for accepting and keeping of 
tenders.
(3) The procuring entity shall keep the entire documentation related to each 
public procurement procedure for a period of 3 years after the completion of 
each contract performance.
Article 36 (1) Tender documentation for participation in open procedures shall contain all 
data, instructions and requirements necessary for preparation of tenders.
(2) The tenderers shall obtain tender documentation under paragraph 1 at a price 
determined by the procuring entity.GPA/49
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(3) Tender documentation for participation in open procedures shall contain:
1. the decision for initiation of a procedure;
2. a full description of the subject of public procurement;
3. technical performance requirements. Such requirements shall not stipulate 
requirements or reference to undertakings, products, materials or services related to particular undertakings, patents, utility models, trademarks and 
designation of origin;
4. plans and other documentation necessary for the preparation of tenders in the 
case of construction works;
5. a standard tender form;
6. a draft public procurement contract.
(4) The procuring entity shall be solely responsible for the content of the tender 
documentation for participation in open public procurement procedures.
Section III
Commission for Conducting Open Procedures
Article 37 (1) For the purpose of conducting open public procurement procedures, the 
procuring entity shall appoint a special commission and shall designate its chairman.
(2) The commission shall consist of at least three members; of which one shall be
a qualified lawyer and the others shall have relevant professional expertise 
and experience related to the type and characteristics of the public 
procurement.
(3) The procuring entity may also hire external experts from the list referred to in
Article 55, paragraph 2 as commission members or consultants.
(4) The procuring entity shall appoint the commission upon expiry of the 
deadline specified for submission of tenders and shall announce it on the date
set for opening and evaluation of tenders.
(5) The remuneration of commission members and all expenses related to 
commission's activity shall be borne by the procuring entity.
Article 38 (1) Commission members or consultants shall not be:
1. persons that have material interests in the contract performance;
2. related persons within the meaning of the Commercial Law to a tenderer in 
the open procedure and to any of the sub-contractors proposed or to any 
member of their governing or supervisory bodies;
3. persons that have participated in the preparation of the open procedure and/or
in the planning where the subject of procurement is construction;
4. persons that are members of the procuring entity's governing bodies.
(2) Commission members and consultants shall guarantee the confidentiality of 
any circumstances made known to them in relation to their work in the commission.
(3) Upon their appointment, commission members and consultants shall submit 
to the procuring entity declarations for the circumstances under paragraphs 1 
and 2.
Section IV
Examination, Evaluation and Ranking of Tenders
Article 39 (1) The commission shall commence its work upon receipt of the list of tenderers
and tenders submitted from the procuring entity.
(2) Tenderers may attend the tender opening session.GPA/49
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(3) The commission shall open the envelopes in the sequence in which they have 
been received and shall assess tender compliance with the pre-announced 
terms and conditions.
(4) The commission shall have the right to verify the facts and data provided by 
the tenderers at any time as well as to request that supplementary evidence of the circumstances stated in the tender be provided within a specified period.
Article 40 (1) Any tenderer may be excluded from participation in the open procedure by 
the commission if:
1. he failed to present any of the necessary documents referred to in Article 27, 
paragraph 1;
2. he is not eligible for participation in a public procurement procedure due to 
the circumstances described in Article 24, paragraph 1;
3. he has submitted a tender which are incomplete or otherwise not in 
compliance with the requirements laid down by the procuring entity.
(2) Throughout the open procedure, tenderers shall be obliged to inform the 
procuring entity of any changes in the circumstances under paragraph 1, 
point 2 within 7 days of their occurrence.
Article 41 (1) After examining the tenders, the commission shall proceed with their 
evaluation according to pre-announced criteria.
(2) The criteria on which the procuring entity shall base its evaluation shall be 
either:
1. the economically most advantageous tender; or2. the lowest price proposal.
(3) When evaluating a tender of a tenderer who meets the conditions laid down 
in Article 21, paragraph 3 of the Law on Protection, Rehabilitation and Social
Integration of Disabled People, his price proposal shall be deemed to be the 
lowest one, provided that it does not exceed the lowest price offered by another tenderer by more than 10 per cent.
(4) In tender evaluation, under equal other conditions, tenderers that have 
attracted as sub-contractors small or medium-sized enterprises, registered in 
accordance with other relevant legislation, shall be treated with preference.
Article 42 (1) If any of the tenders appear to be abnormally low the procuring entity shall 
request from the tenderer a detailed written justification before rejecting such 
tender. The commission shall determine a reasonable period for submission of the justification, which shall not be less than 3 working days after receipt 
of the request.
(2) The commission may not reject the tender where the justification points out 
objective factors related to:
1. an original decision for organizing the public procurement performance;2. the technical solutions proposed;
3. exceptionally favourable conditions available to the tenderer;
4. efficiency in the procurement performance.
(3) If the tenderer fails to submit a written justification on time or if the 
commission makes an assessment that the justifications are not objective, the relevant tender shall be rejected.
(4) The tenderer shall be immediately informed about the commission's decision 
to accept the written justification or to reject the tender.
Article 43 The commission shall rank three of the tenderers, whose tenders meet to the greatest
extent the conditions announced by the procuring entity.GPA/49
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Article 44 (1) The commission shall record the examination, evaluation and ranking of 
tenders in minutes, which shall contain:
1. the members of the commission;
2. the list of tenders admitted for examination and evaluation;
3. the list of tenders rejected pursuant to Article 40 and Article 42, paragraph 3;4. the opinions of the consultants, if such have been involved in the 
commission's work;
5. examination and evaluation results;
6. the successful tenderers.
(2) If case of reservations made by any member of the commission, the minutes 
of dissent shall be accompanied by such member's written justification.
(3) The minutes shall be signed by all members and forwarded to the procuring 
entity together with the entire documentation gathered throughout the open 
procedure.
(4) The commission shall conclude its work by forwarding the minutes to the 
procuring entity.
(5) Upon request by any tenderer in the open procedure, the procuring entity 
shall be obliged to provide access to the commission's minutes.
Article 45 (1) The procuring entity shall announce by a decision the top three rankings and 
shall award the contract to the tenderer ranked first not later than 3 working 
days after the completion of the commission's work.
(2) The decisions under paragraph 1, taken by procuring entities under Article 4, 
paragraphs 2 and 3 shall be individual administrative acts within the meaning
of Article 2 of the Law on Administrative Procedures.
(3) The procuring entity shall communicate to the tenderers the results of 
evaluation proceedings in writing.
Article 46 (1) The procuring entity shall conclude a public procurement contract with the 
successful tenderer.
(2) If the successful tenderer refuses to conclude the contract, the procuring 
entity shall offer it to the runner-up; a nd if the latter refuses to conclude the 
contract - to the tenderer ranked third.
CHAPTER FIVE
RESTRICTED PROCEDURE
Section I
Pre-Qualification of Suppliers
Article 47 (1) In restricted procedures, the invitatio n for participation in pre-qualification 
shall contain:
1. the name, address and telephone number of the procuring entity;
2. the procuring entity's decision for initiation of a procedure;3. the place and time-limit for submission of application for participation;
4. the pre-qualification criteria.
(2) In restricted procedures, the invitatio n for participation in pre-qualification 
shall be sent and published in accordance with the provisions of Article 34, 
paragraphs 4, 5 and 6 not later than 15 calendar days before the date specifiedfor the pre-qualification.
(3) Any change in the time-limit for submission of applications for participation 
shall be published in accordance with paragraph 2 and communicated in 
writing to suppliers who have already filed applications.GPA/49
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Article 48 (1) The procuring entity shall conduct the pre-qualification with a view to 
inviting for participation in the restricted procedure only those suppliers who 
have the economic and technical capabilities of performing the public 
procurement.
(2) All interested suppliers may apply for participation in the pre-qualification.(3) The application for participation shall contain:
1. the document of legal registration of the supplier;
2. evidence of supplier's commercial reputation;
3. copies of the supplier's annual balance sheet and account for the financial 
year; this requirement shall not apply to newly registered suppliers and those 
who exercise a liberal profession;
4. evidence of the supplier's technical capability of performing the public 
procurement;
5. documents from the relevant competent authorities certifying that none of the
circumstances referred to in Article 24, paragraph 1, points 1, 2, 3 and 5 
apply;
6. a declaration certifying that none of the circumstances referred to in 
Article 24, paragraph 1, points 4 and 6 apply.
(4) Where a candidate for the pre-qualification is a consortium, which has not 
assumed a specific legal form, each legal or natural person who participates 
in the consortium shall furnish the documents referred to in paragraph 3.
(5) The application shall be put in a sealed non-transparent envelope and 
delivered by the supplier or by its authorised representative by hand against 
acknowledgement of receipt, or shall be submitted by registered mail with 
proof of receipt.
(6) The sequence, date and hour of receipt of applications shall be entered on the 
envelope and in a special register. An acknowledgement of receipt shall be given to the bearer.
(7) During the pre-qualification, the procuring entity may not request a tender to 
be submitted, nor may any supplier submit a tender.
Article 49 (1) Pre-qualification of suppliers for the restricted procedure shall be carried out 
by the commission appointed by the procuring entity pursuant to provisions 
of Chapter Four, Section III.
(2) The commission shall examine the applications for participation submitted 
and shall recommend that the procuring entity invite to the restricted 
procedure only those suppliers who fulfil to the greatest extent the pre-
announced requirements. The selection shall be based on the supplier's 
financial and technical capability of performing the public procurement.
(3) The procuring entity shall select the suppliers who will be invited to 
participate in the restricted public procurement procedure and shall send its 
decision to the Public Procurement Register within 7 working days.
(4) The procuring entity shall send simultaneously to all selected suppliers 
written invitations for participation in the restricted procedure. The procuring 
entity's invitation shall contain the place where documentation can be obtained; the time-limit, the price and the method of payment for the 
documentation for participation in the restricted procedure.
(5) Within 7 days of receipt of the invitation, each supplier shall confirm in 
writing its intention to take part in the restricted procedure. Failure to confirm
shall be deemed as refusal to participate.GPA/49
Página 16
Section II
Restricted Procedure
Article 50 (1) The procuring entity shall conduct restricted public procurement procedure if 
at least three suppliers confirm their intention to tender. Otherwise, the 
procuring entity shall terminate the procedure and shall inform the suppliers thereof in writing.
(2) The deadline for submission of tenders shall not be less than 20 calendar days
from the date of receipt of the invitation to tender.
(3) The time-limit in paragraph 2 shall be reduced to 10 calendar days where the 
procuring entity has included the public procurement in its information for 
intended procurement for the year referred to in Article 10 or in case where 
circumstances of extreme urgency arise.
(4) The tenders shall be evaluated by the pre-qualification commission in 
accordance with the provisions of Chapter Four, Section IV.
Article 51 For matters not dealt with in this Chapter, the relevant provisions regarding open
procedures shall apply.
CHAPTER SIX
NEGOTIATION PROCEDURE
Article 52 (1) The direct negotiation procedure shall be initiated with an invitation from the 
procuring entity to a selected supplier or suppliers.
(2) The invitation shall contain the items specified in Article 34, paragraph 1.
(3) The procuring entity shall specify a time-limit for submission of tenders, 
which shall not be less than 15 calendar days.
(4) The procuring entity shall proceed in its own best interest in the negotiations.
Article 53 For matters not dealt with in this Chapter, the relevant provisions regarding open
procedures shall apply.
CHAPTER SEVEN
ORGANS
Section I
Public Procurement Register
Article 54 The Minister of State Administration shall:
1. issue a Regulation on Keeping the Public Procurement Register;
2. provide methodological guidance on the application of this Law;3. organise training and qualification of experts in the field of public 
procurement;
4. approve standard documents relating to the public procurement procedures;
5. provide co-ordination among the procuring entities under Article 4, 
paragraph 1 relating to the application of this Law;
6. notify the authorities competent for the control on the application of this 
Law;
7. represent the Republic of Bulgaria in international organisations in the field 
of public procurement.GPA/49
Página 17
Article 55 (1) For the purpose of this Law, a specialized unit within the administration of 
the Council of Ministers shall assist the Minister of State Administration.
(2) The specialized unit under paragraph 1 shall maintain the Public Procurement
Register, which shall contain:
1. the decisions for initiation of procedures for awarding a public procurement 
contract;
2. the invitations for participation in procedures for awarding public 
procurement contracts;
3. information concerning the public procurement contracts concluded;
4. the list of external experts who can be consulted by the procuring entities;
5. the annual lists of the most successful commercial entities in the relevant 
field;
6. information about practice in the application of this Law.
(3) The list referred to in paragraph 2, point 4 shall be drawn, maintained and 
updated with the assistance of the relevant professional associations and 
organisations.
(4) The annual rankings referred to in paragraph 2, point 5 shall be drawn by the 
relevant professional associations and organisations and sent to the Minister 
of State Administration.
Section II
Challenge Procedures and Control
Article 56 (1) Tenderers participating in public procurement procedures under this Law 
may launch complaints against non-compliance with the requirements for 
their carrying out in accordance with the Law on Administrative Procedures.
(2) The complaint shall be filed with the procuring entity within 7 days of the 
date on which the decision referred to in Article 45, paragraph 1 has been 
taken.
Article 57 (1) The control over the implementation of this Law shall be exercised by the 
Audit Office and the organs of the State Financial Control.
(2) The Minister of State Administration may request from the organs of the 
State Financial Control to exercise their powers under paragraph 1 in each 
particular case.
CHAPTER EIGHT
ADMINISTRATIVE AND PENAL PROVISIONS
Article 58 (1) Statements of finding of any breach of this Law shall be drawn by the 
officials of the State Financial Control.
(2) In cases referred to in Article 57, paragraph 2 penal injunctions shall be 
issued by the Minister of Finance or the Minister of State Administration, or 
by officials authorised by them.
(3) The finding of breaches, the issue, appeal and execution of penal injunctions 
shall be undertaken in accordance with the provisions laid down in the Law 
on Administrative Infringements and Penalties.
Article 59 For gross breaches of this Law, which do not constitute a crime, fines shall be
imposed up to an amount not exceeding 0,5 per cent of the estimated contract value,but not less than 1 000 BGL.GPA/49
Página 18
Article 60 (1) Any procuring entity, within the meanin g of this Law, that fails to comply 
with the requirement to conduct the pu blic procurement procedure shall be 
penalized by a fine amounting to 5 per cent of the relevant contract value, but
not less than 5 000 BGL.
(2) The fine shall be imposed within 6 months from the date of finding of the 
breach but not later than 3 years of the breach being committed.
Article 61 Any procuring entity that fails to implement the guidelines of the controlling
authorities shall be fined from 200 to 1 000 BGL.
Article 62 (1) Any official who fails to provide, within the time-limit specified, the 
evidence or information concerning the award or performance of a public 
procurement contract, as may be requested from him, shall be fined from 50 
to 250 BGL.
(2) Any official who, without good reasons,  fails to forward a complaint in time 
to the competent authority or the court, shall also be fined an amount as 
defined in paragraph 1.
Article 63 The fines under in Articles 61 and 62 shall be imposed within 3 months from the
finding of the failure to implement the obligation. If case or recurring breachescommitted within the same year, the amount of the subsequent fine shall be doubled.
ADDITIONAL PROVISION
§1. For the purpose of this Law:
1. "Engineering" shall mean the performance of construction works on a turn-key basis or of
more than one of the following activities: feasibility study, planning and design, organisationof works, construction, supply and assembly of machinery, equipment and technological
equipment, preparation for and placement of works into service.
2. "Rehabilitation" shall mean a construction activity connected to the restoration,
reconstruction, expansion or modernisation of parts of elements of roads, transport,
telecommunications, power or water supply, sewers or hydromelioratic infrastructure.
3. "Household waste disposal" shall mean the collection, temporary storage, treatment and
landfill disposal of household waste, as well as activities related to the re-use and recycling of
such waste, including the generation of energy and other products from waste.
4. "Consolidated state budget"  shall mean subsidies from the central state budget, financial
resources from extra-budget funds or accounts, and remission of budget revenues to non-
profit organisations.
5. "Tenderer in a public procurement procedure" shall mean a Bulgarian or foreign natural or
legal person, or a joint venture, who:
(a) has purchased tender documentation in order to participate in a public procurement
procedure;
(b) meets the procuring entity's pre-announced qualification requirements;
(c) submits a tender for participation in an announced procedure.
6. "Public procurement procedure" shall mean all actions of the procuring entity which lead to
the conclusion of contract between a procuring entity and contractor.
7. "Consortium" shall mean the consolidation of two or more Bulgarian or foreign natural or
legal persons, without a specific legal form , with the aim to participating in a public
procurement procedure.
8. "Related undertaking" shall mean any undertakin g, over whose management or activities the
procuring entity may exercise direct or indirect control.GPA/49
Página 19
9. "The economically most advantageous tender" shall mean the tender which meets to the
greatest extent the procuring entity's criteria as regards quality, technical characteristics,
aesthetic and functional features, technical support or warranty service, term of performance,
price and method of payment.
10. "Price proposal" shall mean the price proposed by a tenderer for performance of a contract.11. "Tender documentation" shall mean a set of documents prepared by the procuring entity in
accordance with its requirements relating to the public procurement.
12. "Evidence of commercial reputation" shall mean any references from former procuring
entities if the tenderer has participated in other public procurement procedures, or references
from permanent partners.
13. "Evidence of tenderer's technical capabilities" shall be provided in any of the following forms
depending on the type, nature, size, and purpose of the public procurement:(a) general and special educational qualifications of the tenderer and/or those of the
tenderer's management, and in particular, those of the person or persons immediately
responsible for contract performance;
(b) a list of the main procurements delivered during the last year, including prices, time-
limits and names of purchasers;
(c) a reference list of the machines, equipment and other technical facilities available to
the tenderer for the purposes of contract performance.
14. "Tender" shall mean a detailed description of the proposed organisation, manner and time-
limit for contract performance.
15. There is "no competition" where prices proposed and other payment terms and conditions are
the same in all tenders.
TRANSITIONAL AND FINAL PROVISIONS
§2. This Law hereby repeals:
1. The Law on Government and Municipal Procurement (SG, No. 9/1997).
2. Article 38 of the Law on Restriction of Harmful Waste Impact on the Environment
(SG No. 86/1997).
3. Article 70, paragraphs 4, 5 and 7 of the Law on Municipal Property (SG No. 44/1996, as
amended).
§3. Article 7 of the State Gazette Law (SG No 89/1995, as amended) is hereby amended as
follows:
1. The following paragraph 2 is inserted:
"(2) In the unofficial part a Public Procurement Bulletin shall be created, where the
following shall be published:
1. procuring entities' information concerning planned public procurement for 
the current year under Article 10 of the Public Procurement Law;
2. invitations for participation in public procurement procedures;
3. lists of external experts who can be consulted by the procuring entities.
2. The existing paragraphs 2 and 3 are hereby renumbered as paragraphs 3 and 4 respectively.
§4. In §3a of the Transitional and Final Provisions of the Law on Concessions (SG No. 92/1995,
as amended) the words "Law on Government and Municipal Procurement" are hereby
replaced with the words "Public Procurement Law".
§5. In §17 of the Transitional and Final Pr ovisions of the Law on Transformation and
Privatisation of State-Owned and Municipal Enterprises (SG No. 38/1992, as amended) the
words "Law on Government and Municipal Procurement" are hereby replaced with the words
"Public Procurement Law".GPA/49
Página 20
§6. (1) The provisions of the Law on Government and Municipal Procurement, hereby
repealed, shall continue to apply to such government or municipal procurement
contracts as may be pending or for which a contract award decision has been taken
before the entry into force of this Law.
(2) Where a decision for initiation of a procurement procedure has been taken under
Article 38 of the Law on Restriction of Harmful Waste Impact on the Environment or
under Article 70, paragraphs 4, 5 and 7 of the Law on Municipal Property before the
entry into force of this Law, the procedures so initiated shall be completed under the
former provisions.
§7. The Council of Ministers shall be entrusted with the implementation of this Law.
This Law was adopted by the 38th National Assembly on 9 June 1999 and the official seal of
the National Assembly was affixed thereto.
Chairman of the National AssemblyGPA/49
Página 21
REPUBLIC OF BULGARIA
MINISTER OF STATE ADMINISTRATION
REGULATION ON KEEPING THE PUBLIC PROCUREMENT REGISTER
(published in State Gazette No. 89 of 31 October 2000; in force as of 1 November 2000)
CHAPTER ONE
GENERAL PROVISIONS
Article 1 This Regulation shall set out the conditions and rules for keeping, maintenance and
use of the Public Procurement Register, hereinafter referred to as "the Register".
Article 2 (1) Information on the awarding of public procurement shall be gathered and 
kept in the Register.
(2) The information referred to in paragraph 1 above shall be provided by the 
procuring entities defined in Article 4 of the Public Procurement Law to the Public Procurement Directorate set up within the administration of the 
Council of Ministers.
Article 3 (1) The circumstances under Article 55 paragraph 2 of the Public Procurement 
Law and amendments hereto shall be subject to inscription in the Register.
(2) Inscriptions in the Register aim at providing publicity of the information on 
public procurement awarding.
Article 4 (1) The Register shall be a unified electronic database kept by the Public 
Procurement Directorate at the Council of Ministers.
(2) The Information Technologies and Communications Directorate at the 
Council of Ministers shall provide the technical and programming support of the electronic database.
Article 5 (1) The information in the Register shall be maintained and kept on magnetic 
media.
(2) Paper copies of the information provided by the procuring entities shall be 
kept in the archives of the Council of Ministers.
Article 6 The Register shall be public.
CHAPTER TWO
KEEPING THE REGISTER
Article 7 Inscriptions in the Register shall be made by officials of the Public Procurement
Directorate on the basis of the documentation provided by procuring entities.
Article 8 (1) For each procuring entity a batch with a unique identification number shall be
opened in the Register and all subsequent inscriptions shall be made thereunder.
(2) The unique identification number shall consist of four digits; the first digit 
shall determine the type of procuring entity and the other three shall represent
the serial number of the registration.
(3) The first digit of the unique identification number shall be as follows:
1. for central government authorities - 1;
2. for regional government authorities - 2;GPA/49
Página 22
3. for mayors of municipalities - 3;
4. for higher schools - 4;
5. for health insurance funds - 5;
6. for pension funds - 6;
7. for other authorities and organizations disposing of funds from the 
consolidated state budget - 7;
8. for non-profit legal entities established by one or several state 
authorities and/or local government authorities - 8;
9. for public undertakings referred to in Article 4 paragraph 3 of the 
Public Procurement Law - 9 and 0.
(4) Upon the opening of a batch, its number shall be announced to the procuring 
entity concerned.
Article 9 Each public procurement shall be entered in the Register under a unique number,
which consists of three parts as follows:
1. the first part - the batch number of the procuring entity;
2. the second part - the year in which the decision for initiating a public 
procurement procedure has been taken;
3. the third part - a three-digit number, representing the official serial 
registration number of the public procurement for the procuring entity for the 
year, to be given automatically by the electronic database.
Article 10 (1) Subsequent inscriptions of new circumstances related to the batch of the 
procuring entity or the public procurement shall not affect the information from previous inscriptions.
(2) In case of deletion of a circumstance inscribed, this deletion shall be noted in 
the relevant field.
(3) The officials shall correct errors made throughout registration and the correct
text shall be inscribed in the relevant field of the Register with a mark "technical error".
Article 11 (1) The electronic database shall be maintained in a way which guarantees the 
protection of information in the system against damage, illegal amendment 
and use.
(2) The protection of information shall be provided through its periodic operative
archivation.
Article 12 (1) For each procuring entity a file shall be opened at the archives of the Council 
of Ministers, in which all documents related to public procurement award 
shall be arranged in the sequence of their receipt.
(2) Each file shall bear its own number co inciding with the batch number of the 
procuring entity in the electronic database.
CHAPTER THREE
CONTENT, STRUCTURE AND GATHERING
OF INFORMATION IN THE REGISTER
Section I
Information on Procedures and on Public Procurement Contracts
Article 13 (1) The procuring entities shall send to the Public Procurement Directorate for 
inscription in the Register copies of the following documents:
1. the decision for initiation of a public procurement procedure;GPA/49
Página 23
2. the invitation for participation in an open or a negotiation procedure;
3. the invitation for participation in the pre-qualification - in case of restricted 
procedures;
4. the decision referred to in Article 49 paragraph 3 of the Public Procurement 
Law.
(2) The procuring entities shall also send copies of decisions for any amendments
to tender conditions as well as decisions for termination of the public 
procurement procedure.
(3) The procuring entities shall state their batch number and the year in which the
procedure has been commenced in the cover letter with which the 
information is sent to the Register.
(4) The procuring entities shall be responsible for the information provided.
Article 14 After the conclusion of a procedure, the procuring entities shall send to the Public
Procurement Directorate information for the number of tenders submitted and
admitted for examination and evaluation and for the tenders rejected pursuant to
Article 40 and Article 42 paragraph 3 of the Public Procurement Law, according to
the attachment.
Article 15 (1) After the award of a public procurement contract or contracts, the procuring 
entities shall send to the Public Procurement Directorate the following 
information on the public procurement contract:
1. the number of contract and date of award;
2. the name of the contractor;3. the code under BULSTAT for commercial entities and the personal 
identification number for natural persons;
4. the subject matter of the contract;
5. the time-limit for delivery;
6. the total value of the contract without VAT;7. the value of the part of a contract to be performed by sub-contractors, if any;
8. the terms of payment.
(2) When the value of a contract is expressed in a foreign currency, the 
information referred to in paragraph 1 (6) shall contain the type of the 
currency and its equivalent in Bulgarian Leva (BGL) on the exchange rate of 
the Bulgaria National Bank on the date of award.
(3) When the value of recurring contracts can not be determined on the date of 
award, the procuring entity shall send information about the contract 
performance on a 6-months basis.
(4) In case of any amendments to the contract terms or of contract termination, 
the procuring entities shall send information on the relevant circumstances.
Article 16 The procuring entities shall send on a quarterly basis information on small public
procurement contracts awarded pursuant to Article 30 paragraph 2 of the Regulation
on Awarding of Public Procurement Contracts below the thresholds set out in
Article 7 paragraph 1 of the Public Procurement Law, adopted by Regulation № 59 of
the Council of Ministers of 2000 (SG № 36/2000).
Article 17 (1) The information referred to in Articles 12 to 15 shall be provided within the 
period set out in the Public Procurement Law and in cases where such periods
are not stated - within 7 days of its preparation.
(2) The information shall be sent on paper and, where available, in electronic 
form, in a format to be determined by the directors of the Public ProcurementGPA/49
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Directorate and the Information Technologies and Communications 
Directorate.
(3) The time-period for inscription of the information in the Register shall be not 
more than 10 days from its receipt.
(4) In case of incomplete information or evident breaches of the Public 
Procurement Law, the information shall be inscribed in the Register with a 
note of the relevant circumstances.
Article 18 In case of finding by the Public Procurement Directorate of breaches of the Public
Procurement Law, the Director shall propose to the Minister of Sate Administration
to notify the relevant competent authorities in order to impose administrative penal
measures in accordance with the Public Procurement Law.
Article 19 The Minister of Sate Administration may request additional information on the award
of public procurement contracts, which the procuring entities shall be obliged to
provide.
Article 20 (1) For each procedure for awarding of a public procurement contract, the 
following information from the documentation provided by the procuring 
entities shall be inscribed in the Register:
1. Identification information for the procuring entity:
(a) the name;
(b) the address for correspondence, including e-mail address;
(c) the code under BULSTAT;
(d) the type of procuring entity as defined in Article 4 of the Public 
Procurement Law.
2. Information on the procedure for awarding of public procurement contracts:
(a) the number and date of the decision for initiating of the award 
procedure;
(b) the type of award procedure;(c) the subject of public procurement;
(d) the legal and actual grounds for initiating the procedure;
(e) the time-limit and place for delivery;
(f) restrictions for contract performance, if any;
(g) qualification requirements to tenderers;
(h) quality requirements;
(i) the terms concerning price formation and payment;(j) the period of tender validity;
(k) the type and value of tender guarantee;
(l) additional requirements in accordance with Article 22 paragraph 2 of 
the Public Procurement Law;
(m) the criteria for selection of tenderers - only in case of restricted 
procedure;
(n) the criteria for evaluation of tenders and the method of determining 
their weight in the complex evaluation;
(o) the place, date and time for examination and evaluation of tenders;
(p) the place and time-limit for receiving tender documentation;(q) the method of payment and price of tender documentation;
(r) the place and time-limit for submission of applications for 
participation - only in case of restricted procedure;
(s) the place and time-limit for submission of tenders;
(t) the possibility to award additional deliveries in accordance with 
Article 16 paragraphs 3 and 4 of the Public Procurement Law;GPA/49
Página 25
(u) the name and legal status of invited suppliers, in case of restricted 
procedure - the date and number of the decision referred to in 
Article 49 paragraph 3 of the Public Procurement Law.
3. The issue number and date of the State Gazette where the invitation for 
participation has been published.
4. The information referred to in Article 14.
5. The information on awarded contract or contracts referred to in Article 15.
(2) Where the subject of public procurement is divided into separate positions, 
they shall be inscribed in the Register separately.
(3) When tender conditions are different for one or more of the separate positions
of the public procurement, they shall be registered in relation to the relevant 
position.
(4) The information referred to in paragraph 1 (3) shall be registered officially 
after publication of an invitation in the Public Procurement Bulletin of the 
State Gazette.
(5) All amendments to the circumstances referred to in paragraph 1 and the 
rationale for them shall be inscribed in the Register, without deleting the previous information.
Article 21 The information on public procurement for each budgetary year shall be archived
after a 5-year period from the year of registration has elapsed.
Section II
Other Information
Article 22 (1) The Register shall also contain a list of external experts who may consult the 
procuring entities. The list of external experts shall be drawn by associations 
and shall contain:
1. the name;
2. the profession or sphere of competence;3. the address for correspondence, telephone, fax, e-mail address.
(2) Annually by 15 December professional associations and organizations may 
present lists of external experts to be included in the list referred to in 
paragraph 1.
(3) The experts included in the list referred to in paragraph 1 shall be 
experienced professionals in the relevant field.
(4) The Director of the Public Procurement Directorate shall coordinate the 
drawing and updating of the list of external experts who may consult the 
procuring entities throughout the public procurement procedures.
(5) The Minister of Sate Administration shall send the list of external experts 
who may consult the procuring entities for publication in the Public 
Procurement Bulletin of the State Gazette.
Article 23 (1) The Register shall also contain annual rankings of the most successful 
commercial entities in the relevant field drawn by professional associations 
and organizations.
(2) Annually by 15 December professional associations and organizations may 
present to the Minister of Sate Administration lists of the most successful commercial entities in the relevant fi eld, together with the criteria used.GPA/49
Página 26
Article 24 (1) The Register shall also contain information on the practice of implementation
of the Public Procurement Law which includes:
1. guidelines for implementation of the Public Procurement Law;
2. standard tender documents;
3. cases related to public procurement awarding and performance;4. court practice.
(2) Upon proposal by the Director of the Public Procurement Directorate, the 
Minister of State Administration shall determine the information under 
paragraph 1 (3) and (4) to be included in the Register.
Article 25 The Register shall also contain auxiliary information on its use and on the
opportunities it provides to the customers.
CHAPTER FOUR
ACCESS TO AND USE OF THE REGISTER
Article 26 The access to the Register's information shall be free and provided through the
Internet website of the Council of Ministers.
Article 27 (1) The Register shall provide an opportunity for the customers to search for 
information and enquiries using the following parameters:
1. the name and type of procuring entity;
2. the type of procedure;
3. the subject of public procurement contract;
4. the stage of the public procurement process;
5. the time-limit for receipt and examination of tenders, respectively the time-
limit for submission of applications to participate in a restricted procedure;
6. the issue number and date of the State Gazette.
(2) The Minister of Sate Administration shall determine the rules and conditions 
for other services.
TRANSITIONAL AND FINAL PROVISIONS
§1. (1) The Regulation shall enter into force on 1 November 2000.
(2) A text version of the Register which might not contain all the elements as set out in
the Regulation shall be published initially on the Internet website of the Council ofMinisters.
§2. (1) The Register shall be brought into compliance with the requirements set out in this
Regulation by 1 January 2001.
(2) The information on public procurement from the date of entry into force of the Public
Procurement Law to 31 December 2000 shall be brought into compliance with the
requirements of this Regulation by 30 June 2001.
§3. This Regulation is adopted pursuant to Article 54 paragraph 1 of the Public Procurement Law.GPA/49
Página 27
Attachment
to Article 14 of the Regulation
INFORMATION
on tenders submitted
from………………………………………………………………………………………………………
(name of the procuring entity, its address, telephone, fax, BULSTAT, legal status and batch  under Article 8)
Subject matter
of the public
procurement *Type of
procedureTenders
submittedTenders
allowed for
examination
and
evaluationTenders rejected
pursuant to Article
40 of the Public
Procurement LawTenders rejected
pursuant to Article 42
paragraph 3 of the
Public Procurement
Law
* Where the subject of public procurement is divided into separate positions and each of them might be subject to
a separate tender, information shall be presented for each position.GPA/49
Página 28
REPUBLIC OF BULGARIA
COUNCIL OF MINISTERS
REGULATION ON AWARDING OF PUBLIC PROCUREMENT CONTRACTS
BELOW THE THRESHOLDS SET OUT IN ARTICLE 7 PARAGRAPH 1
OF THE PUBLIC PROCUREMENT LAW
(published in State Gazette No 36 of 2 May 2000, in force as of 5 May 2000)
CHAPTER ONE
GENERAL PROVISIONS
Article 1 This Regulation shall specify the conditions and rules for awarding of public
procurement contracts below the thresholds set out in Article 7 paragraph 1 of the
Public Procurement Law hereinafter referred to as "small public procurement".
Article 2 For the purpose of this Regulation, small public procurement contract shall mean a
public procurement the estimated value of which, on the date of announcing the
procedure for awarding of a public procurement contract, without VAT, is below the
thresholds set out in Article 7 paragraph 1 of the Public Procurement Law.
Article 3 (1) Small public procurement contracts are public procurement contracts with 
pecuniary interests, concluded in writing, in accordance with the procedures 
laid down in this Regulation, between a procuring entity and a selected contractor as defined in Article 3 paragraph 1 of the Public Procurement Law.
(2) When the estimated value of a small public procurement contract is below 
10 000 BGL, the procuring entity may choose not to apply the award 
procedure and not to conclude a contract in writing; in such a case a proof for
the transaction shall be the primary payment documents.
Article 4 (1) The estimated value of a small public procurement contract shall be 
calculated in accordance with the provisions of Article 7 and 8 of the Public 
Procurement Law.
(2) The estimated value of a design contract shall include all expenses for the 
design preparation.
(3) The estimated value of a complex small public procurement contract shall 
include the value of all separate positions.
CHAPTER TWO
TYPES OF PROCEDURES
Article 5 (1) Small public procurement contracts shall be awarded in accordance with the 
principles set out in Article 9 of the Public Procurement Law through the 
following procedures: open tender, restricted tender, design contest and 
negotiation procedure.
(2) In open tenders, the procuring entities shall invite unlimited number of 
suppliers to submit a tender.
(3) In restricted tenders, the procuring entities shall invite at least five suppliers 
and shall conduct the tender if at least two of the invited suppliers submit 
applications for participation.GPA/49
Página 29
(4) In design contests, the procuring entities shall invite unlimited number of  
suppliers to design a project in accordance with pre-announced conditions of 
the contest programme.
(5) In negotiation procedures, the procuring entities shall award a public 
procurement contract after negotiations with one or several selected suppliers.
Article 6 The procuring entity shall take a decision to initiate an open tender where the
estimated contract value, without VAT, on the date of announcing the procedure is
within the following limits:
1. for construction works - above 100 000 BGL up to 600 000 BGL;
2. for supplies - above 20 000 BGL up to 50 000 BGL;
3. for services - above 15 000 BGL up to 30 000 BGL.
Article 7 (1) The procuring entity shall take a decision to initiate a restricted tender where 
the estimated contract value, without VAT, on the date of announcing the 
procedure is within the following limits:
1. for construction works - above 30 000 BGL up to 100 000 BGL;
2. for supplies - above 10 000 BGL up to 20 000 BGL;3. for services - above 10 000 BGL up to 15 000 BGL.
(2) The procuring entity may also take a decision for initiation of a restricted 
tender if the open tender initiated has been cancelled or terminated without 
signing of a contract.
Article 8 (1) The procuring entity shall take decision to initiate a negotiation procedure 
when:
1. the estimated value of a contract, without VAT, on the date of announcing the
procedure, is within the following limits:
1. for construction works - below 30 000 BGL;
2. for supplies - below 10 000 BGL;3. for services - below 10 000 BGL.
2. the circumstances referred to in Article 16 of the Public Procurement Law 
apply;
3. the subject of public procurement is a guarantee service or post-guarantee 
service of machines, installations and complex equipment;
4. the subject of procurement is purchasing of spare parts of procured machines,
installations and complex equipment;
5. the open or restricted tender has been cancelled or terminated without signing
of a contract.
(2) Tenderers that have been ranked in the open or restricted tender and have 
refused to sign a contract shall not participate in the negotiation procedure.
(3) In cases referred to in paragraph 1 (5) the procuring entity shall not sign a 
contract at higher price and/or under less favorable conditions than those 
announced for the terminated procedures.
Article 9 Where the estimated value of a small supply public procurement contract is below
10 000 BGL, the procurement can be made through purchase from the trade network
on the basis of three price offers.GPA/49
Página 30
CHAPTER THREE
INITIATION OF PROCEDURE FOR AWARDING OF SMALL
PUBLIC PROCUREMENT CONTRACTS
Article 10 Each procedure for awarding of a small public procurement contract shall initiate
with a decision of the procuring entity, except in cases referred to in Article 9.
Article 11 (1) The decision to initiate a procedure for awarding of a small public 
procurement contract shall contain the information referred to in Article 22 of
the Public Procurement Law.
(2) The decision to initiate a procedure for awarding of a small public 
procurement contract shall contain provisions to ensure and encourage 
participation of small and medium-sized enterprises.
(3) The decision to initiate a procedure for awarding of complex small public 
procurement contracts, the procurement of which is subdivided into smaller 
parts, shall contain the option that suppliers may submit either an overall 
tender or tenders for one or more parts of the procurement.
Article 12 The decision to initiate a restricted tender shall indicate all suppliers invited by the
procuring entity to participate.
Article 13 The decision to initiate a design contest shall include the type, number and amount of
prizes that may be awarded by the evaluation commission to tenderers.
Article 14 The decision to initiate a negotiation procedure shall name the supplier or suppliers,
which the procuring entity invites to negotiations.
Article 15 After taking a decision to initiate a procedure for awarding of a small public
procurement contract, the procuring entity shall send an invitation for participation,
which contains at least the following information:
1. the name, address and telephone of the procuring entity;
2. the type and subject of public procurement;
3. the place and time-limit for receipt of tender documentation; the price and the
method of payment for the documentation;
4. the place and time-limit for submission of tenders.
Article 16 (1) For participation in a procedure for awarding of a small public procurement 
contract, except for the procedure referred to in Article 5 (4), the supplier 
shall submit a tender guarantee in one of the following forms:
1. bank guarantee;
2. cash.(2) The procuring entity shall determine the value of a tender guarantee, not 
exceeding 1 per cent of the estimated contract value.
(3) The tender and performance guarantee shall be retained or released in 
accordance with the provisions of Articles 32 and 33 of the Public 
Procurement Law.
(4) When the procuring entity determines a value of the performance guarantee 
higher than the tender guarantee value, the contractor shall submit an 
additional guarantee whose value shall be equivalent to the difference 
between the tender guarantee paid and the determined performance 
guarantee.GPA/49
Página 31
Article 17 (1) The preparation and conducting of a small public procurement contract award
procedure shall be ensured by the procuring entity.
(2) The procuring entity shall keep all the documentation related to the 
conducting of a small public procurement contract award procedure for 3 
years after the expiry of contract performance.
Article 18 (1) Tender documentation shall contain all the information and requirements 
necessary for the preparation of tenders as well as the conditions and rules for
conducting of a small public procurement contract award procedure.
(2) Suppliers shall obtain tender documentation and their price, to be determined 
by the procuring entity, shall not exceed their actual cost. The procuring 
entity may decide to provide to the suppliers tender documentation free of 
charge.
(3) Tender documentation shall include:
1. the decision for initiation of a procedure;
2. the invitation for participation to tender;
3. a full description of the subject of public procurement;
4. technical performance requirements;5. a standard tender form;
6. a draft public procurement contract;
7. the necessary plans for preparation of tender in case of public 
procurement contracts for works.
(4) In design contests, tender conditions referred to in paragraphs from 3, point 3 
to 3, point 5 shall be stated in the contest programme. Criteria for evaluation 
of design work shall include architectural, creative and technical criteria as 
well as an estimated value of the construction.
(5) In design contests, the procuring entity may appoint as external experts only 
experienced and highly qualified professionals included in the list of external experts referred to in Article 55 paragraph 2 (4) of the Public Procurement 
Law, with the aim of preparing tender documentation.
(6) Tender documentation shall not stipulate requirements or reference to 
undertakings, products, materials or services related to particular 
undertakings, patents, utility models, trademarks, geographical indications, 
topology of integrated circuits nor establish any other technical restrictions 
for participation to tender.
(7) The procuring entity shall be solely responsible for the scope and content of 
tender documentation necessary for the tender preparation.
CHAPTER FOUR
REQUIREMENTS TO TENDERERS
Article 19 (1) The following tenderers shall be eligible for participation in small public 
procurement contracts award procedures:
1. Bulgarian or foreign natural or legal persons, including their associations;
2. scientific organizations and institutions.
(2) In the decision for initiation of a proced ure, the procuring entity may stipulate
a requirement for the successful tenderer to be a commercial entity within themeaning of the Commercial Law except where the contractor exercises a 
liberal profession.GPA/49
Página 32
Article 20 (1) Tenderers shall meet the requirements referred to in Articles 23 and 24 
paragraphs 1 and 2 of the Public Procurement Law.
(2) The circumstances referred to in Article 24 paragraph 1 of the Public 
Procurement Law can be certified by a tenderer with a declaration when for 
acceptable reasons he can not present the necessary documents within the specified time-limit.
CHAPTER FIVE
TENDER
Article 21 When preparing the tender, each tenderer shall meet the conditions announced in
advance by the procuring entity.
Article 22 (1) Tenderers shall prepare tenders in accordance with the provisions of 
Articles 25-29 of the Public Procurement Law.
(2) In cases referred to in Article 11 paragraph 3 a tender may cover all or only 
several parts of procurement.
Article 23 Tenders shall be submitted by tenderers and shall be kept by the procuring entity in
accordance with the provisions of the Public Procurement Law.
CHAPTER SIX
EVALUATION AND RANKING OF TENDERS
Article 24 (1) For conducting of a small public procurement contract award procedure, the 
procuring entity shall establish an evaluation commission and appoint its 
chairman.
(2) For conducting of a negotiation procedure for awarding of a small public 
procurement contract in accordance with Article 3 paragraph 2, the procuring 
entity may authorize its representative to perform the procurement on the 
basis of three price proposals.
Article 25 (1) The evaluation commission shall consist of at least three members, of which 
one shall be a lawyer, and the other experts shall have the relevant professional expertise and experience related to the type and characteristics of
the public procurement.
(2) The procuring entity shall appoint the commission upon expiry of the 
deadline specified for submission of tenders and shall announced it on the 
day set for opening, examination and evaluation of tenders.
(3) In case of design contests, the commission may include an entity from the list
of external experts referred to in Article 55 paragraph 2 (4), proposed by a 
relevant professional association.
(4) Remuneration of commission members and all expenditures related to 
commission's activity shall be borne by the procuring entity.
Article 26 Commission members and experts shall meet the requirements provided for in
Article 38 of the Public Procurement Law.
Article 27 (1) The commission shall examine, evaluate and rank submitted tenders in 
accordance with the rules laid down in Articles 39-44 of the Public 
Procurement Law.
(2) In design contests, the evaluation commission shall be an independent body.
The commission shall take its decisions on the basis of anonymouslyGPA/49
Página 33
submitted designs and in accordance with the criteria and their pre-
determined weight in the complex evaluation of tenders.
(3) The anonymity of designs referred to in paragraph 2 shall be ensured by the 
procuring entity upon receipt of tenders and under the conditions of the 
contest programme.
CHAPTER SEVEN
AWARDING OF SMALL PUBLIC PROCUREMENT CONTRACTS
Article 28 (1) The procuring entity shall announce by a decision the first two or three top 
ranked tenderers and the successful tenderer not later than 3 working days 
after the completion of the evaluation commission's work.
(2) The decisions under paragraph 1 above taken by the procuring entity as 
defined in Article 4 (2) and (3) of the Public Procurement Law shall be individual administrative acts within the meaning of Article 2 of the Law on 
Administrative Procedures.
(3) The procuring entity shall communicate to the tenderers the tender evaluation
results to in writing.
Article 29 The procuring entity shall award small public procurement contracts in accordance
with the conditions and rules of this Regulation and the provisions of Articles 17-20
and Article 46 of the Public Procurement Law.
Article 30 (1) The provisions of the Commercial Law and/or the Law on Obligations and 
Contracts shall apply to the performance of small public procurement 
contracts unless otherwise provided for in the Public Procurement Law.
(2) At the end of each quarter the procuring entity shall send information for all 
small public procurement contracts concluded to the Public Procurement 
Register according to the attachment to the Regulation, except in cases where
the estimated value of small public procurement contract is below 
10 000 BGL.
CHAPTER EIGHT
OPEN TENDER
Article 31 (1) An open tender shall commence with an invitation for participation to 
unlimited number of suppliers.
(2) The invitation shall be sent simultaneously to the State Gazette and the 
Agency for Small and Medium-Size Enterprises at least 15 days before the 
final date for tender submission.
(3) The State Gazette shall publish the invitation in the Public Procurement 
Bulletin at the latest 5 days after its receipt.
(4) The procuring entity may send the invitation for publication in other media.
Article 32 (1) When, within the time-limit specified for submission of tenders, less than two
tenders have been submitted, the procuring entity may extend the time-limit or proceed to a restricted tender or a negotiation procedure.
(2) Any change in the time-limit for submission of tenders shall be announced in 
accordance with Article 31 paragraph 2 and communicated in writing to 
suppliers who have already submitted tenders.
Article 33 The procuring entity shall conduct an open tender for awarding of a small public
procurement contract if at least two tenders have been submitted.GPA/49
Página 34
CHAPTER NINE
RESTRICTED TENDER
Article 34 (1) A restricted tender shall commence by an invitation for participation that is 
sent simultaneously to at least five suppliers.
(2) The invitation for participation in a restricted tender shall be sent 
simultaneously to the Agency for Small and Medium-Sized Enterprises.
(3) The procuring entity may announce an invitation for participation to tender
by means of other media.
Article 35 (1) The time-limit for submission of tenders shall be specified by the procuring 
entity, but shall in no case be less than 10 calendar days after invitations have
been sent.
(2) The procuring entity may extend the initially specified time-limit for 
submission of tenders and shall notify in writing all the tenderers in 
accordance with Article 34 paragraph 2.
(3) Tenderers not invited by the procuring entity may also submit tenders for 
participation in a restricted tender.
(4) The procuring entity shall not refuse to accept and consider all tenders 
submitted in accordance with paragraph 3.
(5) The procuring entity shall conduct a restricted tender if at least two tenderers 
have submitted tenders.
CHAPTER TEN
DESIGN CONTEST
Article 36 (1) A design contest shall commence with an invitation to unlimited number of 
tenderers.
(2) The invitation shall be sent simultaneously to the State Gazette and relevant 
professional associations, at least 30 days before the final date for submission
of designs.
(3) The State Gazette shall publish the invitation for participation in the Public 
Procurement Bulletin not later than 5 calendar days after its receipt.
(4) The procuring entity may also announce the invitation through other media, 
as well as to publish it in a specialized newspaper or magazine.
(5) When in the time-limit for submission of designs less than two designs have 
been submitted, the procuring entity may extend the time-limit or proceed to 
a negotiation procedure.
Article 37 For matters not dealt with in this Chapter, the relevant provisions regarding open
tendering shall apply.
CHAPTER ELEVEN
NEGOTIATION PROCEDURE
Article 38 (1) A negotiation procedure shall commence with an invitation sent to one or 
more suppliers, selected by the procuring entity.
(2) The invitation shall be sent simultaneously to the Agency for Small and 
Medium-Sized Enterprises and a supplier or suppliers selected by the 
procuring entity.GPA/49
Página 35
Article 39 (1) The procuring entity shall specify the time-limit for submission of tenders, 
which shall not be less than 5 calendar days from the date on which the 
invitation has been sent.
(2) Tenderers not invited by the procuring entity may also submit tenders for 
participation in a negotiation procedure.
(3) The procuring entity may not refuse to accept and consider all tenders 
submitted in accordance with the provisions referred to in paragraph 2.
CHAPTER TWELVE
TERMINATION OF THE PROCEDURE
Article 40 (1) The procuring entity shall terminate the procedure for awarding of a small 
public contract in cases when:
1. less than two tenders have been submitted in the open and restricted 
tendering;
2. all tenders do not meet the pre-announced tender conditions;
3. the tenderers ranked up to the second or third place have refused to conclude
a contract;
4. the rationale for the application of a procedure is no longer valid as a result of
substantial change in circumstances, including upon impossibility to provide 
financing for performance of the contract due to unforeseen reasons.
(2) The procuring entity shall not be obliged to state the circumstances referred
to in paragraph 1 (4) in the tender conditions.
CHAPTER THIRTEEN
CHALLENGE PROCEDURES AND CONTROL
Article 41 (1) Tenderers participating in small public procurement contract award 
procedures under this Regulation may launch a complaint against non-
compliance with the requirements for their carrying out in accordance with 
the provisions laid down in the Law on Administrative Procedures.
(2) The decisions for awarding of small public procurement contracts, where the 
estimated value does not exceed 10 000 BGL, shall not be subject to appeal.
(3) Appeals shall be filed with the procuring entity within 7 days after the 
decision on the award of the contract has been announced.
Article 42 The control over the implementation of this Regulation shall be exercised by the
Audit Office and the organs of the State Financial Control. The appeal and control
over the procedures for awarding of small public procurement contracts shall becarried out in accordance with Articles 56 and 57 of the Public Procurement Law.
CHAPTER FOURTEEN
ADMINISTRATIVE PENAL PROVISIONS
Article 43 For breaches of the provisions of this Regulation, the guilty entities/persons shall be
punished in accordance with Article 32 of the Law on Administrative Infringementsand Penalties, unless a harsher punishment is envisaged in the Public Procurement
Law.
Article 44 (1) Statement of findings of any breach under this Regulation shall be drawn by 
the officials of the State Financial Control.
(2) Penal injunctions shall be issued by the Minister of Finance and the Minister 
of State Administration or officials authorised by them.GPA/49
Página 36
(3) The finding of breaches, the issue, appeal and execution of penal injunctions 
shall be undertaken in accordance with the provisions laid down in the Law 
on Administrative Infringements and Penalties.
ADDITIONAL PROVISIONS
§1. For the purpose of this Regulation:
(1) "Small and medium-sized enterprises" shall mean enterprises registered in accordance
with Article 9 of the Law on Small and Medium-Sized Enterprises.
(2) "Parts of public procurement" stated in tender  shall be subject to separate public
procurement contracts within the meaning of Article 3 paragraph 1 of the Public
Procurement Law.
TRANSITIONAL AND FINAL PROVISIONS
§2. The Regulation shall be adopted in accordance with Article 7 paragraph 4 of the Public
Procurement Law.
§3. The Minister of State Administration shall provide guidance on the application of the
Regulation.GPA/49
Página 37ATTACHMENT to
Article 30 paragraph 2 of the Regulation
INFORMATION
on the small public procurement contracts concluded for the period ……
From ……………………………………………………………………………………………………………………………...
(name of procuring entity, address, telephone, fax, BULSTAT and  legal status according to Article 4 of the Public Procurement Law)
№ Small public
procurement
subject within
the meaning of
Article 3 of the
LawType of
procedure /
tenderNumber of
submitted
tendersNumber and
date of
contract
concludedName and
address of
contractorLegal status
of contractorBULSTAT
or personal
identification
number
of the
contractorSubject of
the contractValue of the
contract in BGL
(with/without
VAT)
__________