RESTRICTED  
  
GPA/ACC/MKD/1  
 
31 March 2017  
(17-1797) Page: 1/219 
Committee on Government Procurement  Original: English  
 
CHECKLIST OF ISSUES FOR PROVISION OF INF ORMATION  
RELATING TO ACCESSIO N TO THE REVISED AGR EEMENT  
ON GOVERNMENT PROCUR EMENT  
REPLIES BY THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA  
The following communication, dated 3 March 2017, is being circulated at the req uest of the 
Delegation of the former Yugoslav Republic of Macedonia.  
 
_______________  
 
 
1  LEGAL FRAMEWORK  
1.1.  Is there a single central law on procurement? If so, please specify?  
Public procurement in the Republic of Macedonia is regulated by a single Law on Pub lic 
Procurement ( "Official Gazette of the Republic of Macedonia ", Nos. 136/07, 130/08, 97/10, 53/11, 
185/11, 15/13, 148/13, 160/13, 28/14, 43/14, 130/14, 180/14, 78/15 , 192/15, 27/16 and 
120/16) (see Attachment 1  – pages 31 -137). 
 
1.2.  What are the other laws, regulations, decrees, administrative rulings, decisions, 
policy guidelines and other instruments governing government procurement? Please 
provide a summary of the subject areas dealt with by each of these instruments. Please 
also explain the main differenc es (if any) that exist between their application at the 
central and sub -central levels of government and at other types of procuring entities.  
 Rulebook on the Manner of Using the Electronic System of Public Procurement ( "Official 
Gazette of the Republic of  Macedonia ", No. 18/14) – stipulating the manner of using the 
ESPP (see Attachment 2  – pages 138 -146); 
 Rulebook on the Form and the Contents of the Procedure Outcome Report Form ( "Official 
Gazette of the Republic of Macedonia ", Nos. 36/08, 155/10 and 162/1 4) – stipulating the 
form and the contents of the procedure outcome report form  (see Attachment s 3, 4 
and 5 – pages 147 -149); 
 Rulebook on the Form and the Contents of the Form of Notice for Setting Up 
Qualification System ( "Official Gazette of the Republic  of Macedonia ", No. 91/12) – 
stipulating the form and the contents of the notice for setting up qualification system  
(see Attachment 6  – page 150 ); 
 Rulebook on the Form and Contents of Notification to Candidates, i.e. Tenderers, on 
Decisions on Pre -Qualifi cation, Contract Award, Conclusion of Framework Agreement or 
Cancellation of Contract Award Procedure ( "Official Gazette of the Republic of 
Macedonia", Nos. 84/12 and 170/14) – stipulating the form and the contents of the 
notifications to candidates, i.e. tenderers, on decisions on pre -qualification, contract 
award, conclusion of framework agreement or cancellation of contract award procedure  
(see Attachments 7 and 8  – pages 151 -153); 
 Rulebook on Public Procurement Education Programme, Train -The-Trainers Pr ogramme, 
the Form and Contents of the Certificate for Passed Exam for Public Procurement Officer GPA/ACC/MKD/1  
 
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  and Public Procurement Trainer, as well as the Amount of the Fee paid by the 
Participants in the Education ( "Official Gazette of the Rep ublic of Macedonia ", 
No. 90/12)  – stipulating the Public Procurement Education Programme, Train -The-
Trainers Programme, the form and contents of the certificate for passed exam for public 
procurement officer and public procurement trainer, as well as the amount of the fee 
paid b y the participants in the education  (see Attachment 9  – pages 154 -169); 
 Rulebook on Tender Opening Procedure and the Form of the Minutes of Public Tender 
Opening ( "Official Gazette of the Republic of Macedonia ", No. 154/07) – stipulating the 
tender opening  procedure and the form of the minutes of public tender opening  (see 
Attachment 10  – pages 170 -177); 
 Rulebook on the Manner of Assessing the Value of Public Contracts ( "Official Gazette of 
the Republic of Macedonia ", No. 154/07) – stipulating the manner of  assessing the value 
of public contracts  (see Attachment 11  – pages 178 -180); 
 Rulebook on the Form and the Contents of Annual Plan on Public Procurement ( "Official 
Gazette of the Republic of Macedonia ", No. 84/12) – stipulating the form, the contents, 
as w ell as the manner of preparing the An nual Plan on Public Procurement (see 
Attachment 12  – pages 181 -183); 
 Rulebook on the Contents of Tender Documentation ( "Official Gazette of the Republic of 
Macedonia ", Nos. 19/08,  162/14) – stipulating the contents of t he tender documentation  
(see Attachments 13 and 14  – pages 184 -186); 
 Rulebook on the Form and the Contents of Contract Notices and Contract Award Notices 
("Official Gazette of the Republic of Macedonia ", No. 161/09) – stipulating the form and 
the contents of contract notices and contract award notices  (see Attachment 15  – pages 
187-189); 
 Rulebook on the Form and the Contents of the Contract Notice, the Notice on 
Cancellation of Contract Award Procedure and the Form of the Records on the Simplified 
Competiti ve Procedures ( "Official Gazette of the Republic of Macedonia ", No. 161/09) – 
stipulating the form and the contents of the contract notice, the notice on cancellation of 
contract award procedure and the form of the records on the simplified competitive 
procedures  (see Attachment 16  – pages 190 -191); 
 Tariff Book on Fees for Using the Electronic System for Public Procurement ( "Official 
Gazette of the Republic of Macedonia ", No. 44/12) – stipulating the amount of the fees 
the contracting authorities and the ec onomic operators pay for using the Electronic 
System for Public Procurement  (see Attachment 17  – pages 192 -193); 
 Code of Ethics when Carrying Out Public Procurement Procedures ( "Official Gazette of 
the Republic of Macedonia ", No. 39/12) – stipulating the m anner of conduct and 
operations of procurement practitioners, as well as the Chairman of the Procurement 
Commission, his/her deputy, members of the Procurement Commission and their 
deputies at the contracting authority, all to the end of ensuring legality,  independence, 
transparency, accountability, efficiency, accountability and professional integrity when 
carrying out public procurement procedures, in line with their ex -officio duties  (see 
Attachment 18  – pages 194 -195); 
 Decree on Common Procurement Vocab ulary ( "Official Gazette of the Republic of 
Macedonia ", Nos. 168/08, 18/09) – reference nomenclature applicable to contract award 
procedures, providing for uniformity with the other existing nomenclatures;  
 Decree on Services Subject -Matter of public servic es contracts ( "Official Gazette of the 
Republic of Macedonia ", No. 157/07) – stipulating in more details the services that are 
subject -matter of public services contracts  (see Attachment 19  – pages 196 -197); 
 Decree on Types of Construction Activities Subje ct-Matter of Public Works Contracts 
("Official Gazette of the Republic of Macedonia", N o. 158/07) - stipulating the types of GPA/ACC/MKD/1  
 
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  construction activities that are subject -matter of public works contracts  (see 
Attachment  20 – pages 198 -201); 
 Decision on Determin ing the Indicative List of Contracting Authorities ( "Official Gazette 
of the Republic of Macedonia ", Nos. 150/07, 74/09) – determining the indicative list of 
contracting authorities  (see Attachments 21 and 22  – pages 202 -207); 
 Methodology for Expressing Co ntract Award Criteria into Points ( "Official Gazette of the 
Republic of Macedonia ", No. 41/08) – determining the expressing of contract award 
criteria into points  (see Attachment 23  – pages 208 -209); 
 Rulebook on the Form and the Contents of Standard Tender  Documentation and 
Standard Technical Specifications and the Manner of their Use by the Contracting 
Authorities ( "Official Gazette of the Republic of Macedonia ", No. 79/16) – stipulating the 
form and the contents of standard tender documentation and standa rd technical 
specifications and the manner of their use by the contracting authorities  (see 
Attachment 24  – pages 210 -215); 
 Tariff Book on Fees for the Submitted Request for Obtaining Consent and the Rendered 
Expert Opinion ( "Official Gazette of the Republ ic of Macedonia ", No. 7/16) – determining 
the amount of the fees for the submitted request for obtaining consent and the rendered 
expert opinion  (see Attachment 25  – pages 216 -219). 
Law on Public Procurement, as well as the acts numbered here, apply, with no exception, to all 
types of contracting authorities, regardless of whether they perform activity at central government 
or local government level.  
 
1.3.  To what extent will the provisions of the Agreement be applied directly or need to 
be transposed into the r elevant law? In the event of direct application of the Agreement 
over conflicting provisions of domestic law, please indicate the relevant legal basis.  
Provisions of the Agreement will be transposed into the Law on Public Procurement.  
 
2  SCOPE AND COVERAGE  
2.1.  Please summarize the organization of the government in your country at each level.  
Government in the Republic of Macedonia is organized in a way that it is divided into central 
government and local government. Central government comprises three branches: le gislative, 
executive and judiciary. Representative of the legislative branch at central level is the Assembly of 
the Republic of Macedonia, as well as several regulatory bodies and agencies. Executive branch is 
led by the President of the Republic of Maced onia and the Government of the Republic of 
Macedonia, comprising Ministries and bodies within. Judiciary branch is divided in First -Instance 
Courts, Courts of Appeal and the Supreme Court. Public Prosecutor 's Offices also operate within 
the judiciary branc h, and they are divided in a similar manner as the courts. Local government 
consists of local government units, i.e. the municipalities and the City of Skopje. As regards the 
local government, it is managed by a Mayor and a Municipal Council.  
 
2.2.  Please list all central government entities (ministries, departments, agencies, etc.) 
procuring goods, services and construction services.  
Government of the Republic of Macedonia consists of 15 Ministries, including the bodies within, 3 
Secretariats, as well as severa l independent state administration bodies, agencies and 
commissions.  
 
1. Following are central government bodies:  
 
1.1. Ministry of Defence;  
1.2. Ministry of Internal Affairs;  
1.3. Ministry of Justice;  
1.4. Ministry of Foreign Affairs;  GPA/ACC/MKD/1  
 
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  1.5. Ministry of La bour and Social Policy;  
1.6. Minister of Finance;  
1.7. Ministry of Education and Science;  
1.8. Ministry of Economy;  
1.9. Ministry of Agriculture, Forestry and Water Economy;  
1.10. Ministry of Transport and Communications;  
1.11. Ministry of Health;  
1.12. Ministry of Culture;  
1.13. Ministry of Local Government;  
1.14. Ministry of Environment and Physical Planning;  
1.15. Ministry of Information Society and Administration;  
1.16. General Secretariat;  
1.17. Secretariat for European Affairs; and  
1.18. Secretariat  for Implementation of the Ohrid Framework Agreement.  
2. Independent state administration bodies are the following:  
 
2.1. Youth and Sports Agency;  
2.2. Emigration Agency;  
2.3. Food and Veterinary Agency;  
2.4. Commission for Affairs of Religious Communities  and Groups and Public Procurement 
Council.  
3. Following  are administrative organizations:  
 
3.1. State Archives of the Republic of Macedonia ; 
3.2. State Agency for Geodetic Works; and  
3.3. State Statistical Office.  
4. Following bodies are within the Mini stries:  
 
4.1. Administration for Security and Counter -Intelligence and Public Security Bureau 
(Ministry of Internal Affairs);  
4.2. Administration for Issues related to Veterans and Invalids of War and State Labour 
Inspectorate (Ministry of Labour and Soc ial Policy);  
4.3. Pedagogical Office, Education Development Bureau, Administration for Education 
Development and Promotion of Languages of Members of Communities and State 
School Inspectorate (Ministry of Education);  
4.4. Water Economy Administration, Hy dro Meteorological Administration, Seeds and 
Propagating Material Administration, Plant Protection Administration, State Agricultural 
Inspectorate and State Forestry and Hunting Inspectorate (Ministry of Agriculture, 
Forestry and Water Economy);  
4.5. Health Insurance Fund, State Sanitary and Health Inspectorate, Ph armaceuticals 
Bureau, Food Directorate and Project Unit for health Sector Development (Ministry of 
Health);  
4.6. State Local Government Inspectorate and Bureau for Development of Economically 
Underdeveloped Areas (Ministry of Local Government);  
4.7. Administration for Sanction Execution, Court Expertise Office (Ministry of Justice);  
4.8. Property and Legal Affairs Office, Customs Administration, State Foreign Exchange 
Inspectorate, Public Reven ue Office, Office for Prevention of Money Laundering and 
Financing Terrorism, Financial Police, Public Procurement Bureau and Commodity 
Reserves Bureau (Ministry of Finance);  
4.9. Earmarked Production Administration, State Market Inspectorate, State Techni cal 
Inspection Inspectorate and Metrology Bureau (Ministry of Economy);  
4.10. Harbour Authority, State Transportation Inspectorate, State Construction and 
Urbanism Inspectorate and State Utilities Inspectorate (Ministry of Transport and 
Communications);  
4.11. Administration for Affirmation and Promotion of Culture of Members of Communities in 
the Republic of Macedonia (Ministry of Culture);  
4.12. State Environment Inspectorate, Environment Office, Physical Information System 
Office (Ministry of Environme nt and Physical Planning);  GPA/ACC/MKD/1  
 
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  4.13. State Administrative Inspectorate (Ministry of Information Society and 
Administration).  
2.3.  What entities at the sub -central level of government (states, provinces, 
municipalities, etc.) procure goods and services?  
As regards local government in the Republic of Macedonia, it is divided into local government 
units, i.e. 81 municipalities and the City of Skopje. All these local government units are contracting 
authorities, i.e. they procure goods/supplies and services.  
 
1. City of S kopje;  
2. Prilep Municipality;  
3. Kratovo Municipality;  
4. Novaci Municipality;  
5. Berovo Municipality;  
6. Demir Hisar Municipality;  
7. Centar Zupa Municipality;  
8. Aerodrom Municipality;  
9. Aracinovo Municipality;  
10. Bitola Municipality;  
11. Bogdanci Municipality;  
12. Bogovinje Municipalit y; 
13. Bosilovo Municipality;  
14. Brvenica Municipality;  
15. Butel Municipality;  
16. Valandovo Municipality;  
17. Vasilevo Municipality;  
18. Vevcani Municipality;  
19. Veles Municipality;  
20. Vinica Municipality;  
21. Vrapciste Municipality;  
22. Gazi Baba Municipality;  
23. Gevgelija Municipality;  
24. Gorce  Petrov Municipality;  
25. Gostivar Municipality;  
26. Gradsko Municipality;  
27. Debar Municipality;  
28. Debarca Municipality;  
29. Delcevo Municipality;  
30. Demir Kapija Municipality;  
31. Dojran Municipality;  
32. Dolneni Municipality;  
33. Zelino Municipality;  
34. Zalenikovo Municipality;  
35. Zrnovci M unicipality;  
36. Ilinden Municipality;  
37. Jegunovce Municipality;  
38. Kavadarci Municipality;  
39. Karbinci Municipality;  
40. Kapros Municipality;  
41. Kisela Voda Municipality;  
42. Kicevo Municipality;  
43. Konce Municipality;  
44. Kocani Municipality;  
45. Kriva Palanka Municipality;  
46. Krivogastani Municipality;  
47. Krusevo Municipality;  
48. Kumanovo Municipality;  
49. Lipkovo Municipality;  
50. Lozovo Municipality;  
51. Mavrovo and Rostuse Municipality;  
52. Makedonska Kamenica Municipality;  GPA/ACC/MKD/1  
 
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  53. Makedonski Brod Municipality;  
54. Mogila Municipality;  
55. Negotino Municipality;  
56. Novo Selo Mu nicipality;  
57. Ohrid Municipality;  
58. Petrovec Municipality;  
59. Pehcevo Municipality;  
60. Plasnica Municipality;  
61. Probistip Municipality;  
62. Rankovce Municipality;  
63. Resen Municipality;  
64. Rosoman Municipality;  
65. Saraj Municipality;  
66. Sveti Nikole Municipality;  
67. Sopiste Municipality ; 
68. Staro Nagoricane Municipality;  
69. Struga Municipality;  
70. Strumica Municipality;  
71. Studenicani Municipality;  
72. Tearce Municipality;  
73. Tetovo Municipality;  
74. Centar Municipality;  
75. Cair Municipality;  
76. Caska Municipality;  
77. Cesinovo -Oblesevo Municipality;  
78. Cucer – Sandevo Mun icipality;  
79. Stip Municipality;  
80. Suto Orizari Municipality;  
81. Radovis Municipality.  
Municipal public enterprises and municipal primary and secondary schools also fall within this 
group of contracting authorities.  
 
2.4.  Which are the enterprises owned or controlled b y the government that are subject 
to the rules on government procurement? Which are the other entities or categories of 
entities (Annex 3 type entities) owned and controlled by the government that engage in 
procurement? Please specify.  
In addition to the o nes listed in the response to questions 2.2 and 2.3 above, following are also 
contracting authorities:  
 
a. legal entities established for specific purpose for meeting public interest needs, which 
are of non -industrial or non -commercial nature, and which are m ainly financed by the 
contracting authorities listed in the response to questions 2.2 and 2.3 above or by other 
such legal entities, or which are subject to control of their operations by the contracting 
authorities listed in the response to questions 2.2 and 2.3 above or by other such legal 
entities, or have more than half of their management or supervisory board members 
appointed by the contracting authorities listed in the response to questions 2.2 and 2.3 
above or by other such legal entities;  
b. associati ons established by one or several contracting authorities;  
c. public enterprises, joint stock companies and limited liability companies in which the 
contracting authorities referred to above have dominant direct or indirect influence 
through ownership, i.e. i f they hold major equity share in the company, have majority 
vote of shareholders and appoint more than half of the management or supervisory 
board members of the enterprise or the company, and which carry out one or more 
activities referred to in Chapter IX Section 1 of the Law on Public Procurement, in the 
cases when they award public contracts or conclude framework agreements for the 
purpose of carrying out such activities; and  GPA/ACC/MKD/1  
 
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  d. any legal entity, other than those referred to above, which carries out one o r more 
activities referred to in Chapter IX Section 1 of the Law on Public Procurement on the 
basis of special or exclusive right, in the cases when it awards public contracts or 
concludes framework agreements for the purpose of carrying out such activitie s. 
2.5.  Do procuring entities listed in response to questions 5, 6 and 7 apply in their 
procurement the main law (if one exists), other legislation provided by the federal or 
central level of government or are they autonomous from federal or central government 
in their procurement rules and practices? Where any of these procuring entities are not 
subject to the main procurement law, please list the procuring entities concerned and 
indicate which laws, regulations, etc., they are subject to. How will your governm ent 
ensure the implementation of the Agreement by such procuring entities below the 
central/federal government level?  
All contracting authorities listed in the response to the previous questions apply the main law – 
Law on Public Procurement (LPP) and all accompanying bylaws and regulations. They are obliged 
to implement the Law and the bylaws when procuring goods/supplies, services and works. 
Regardless of whether the contracting authorities are at central or sub -central levels of 
government, they apply th e procurement procedures and the provisions from the LPP, adhering 
thereby to the measu res adopted by the Government.  
 
2.6.  Are there any general exceptions from the scope of application of the national 
procurement rules, for instance for essential national def ence or security reasons? 
Please provide details.  
There are several exemptions from the scope of application of the national procurement rules that 
apply. Such exemptions are indicated in the Law on Public Procurement (LPP), pertaining to the 
following:  
 
 contracting authorities in the field of defense do not apply the provisions from the LPP 
when it may lead to disclosure of information, which is contrary to the essential security 
interest of the country or threatens the essential security interest of the c ountry, which 
is related to the manufacture or trade in weapons, ammunition and military materials 
and systems pursuant to a law;  
 the Law does not apply to public contracts when they are classified as "state secret " by a 
competent authority in line with th e regulations on classified information, or when their 
execution has to be accompanied with special security measures in line with the existing 
regulations;  
 the Law does not apply to awarding public services contracts, which include purchase or 
lease of la nd, buildings or other real estate and rights arising therefrom, except when 
awarding public contracts for procurement of financial services related to purchase or 
lease contracts;  
 the Law does not apply to public contracts for procurement of services rela ted to 
purchase, development, production or co -production of program materials by radio or TV 
broadcasters or by independent production companies intended for public presentation in 
cinema or broadcasting radio or TV programs, as well as for leased access airtime to 
media and electronic portals;  
 the Law does not apply to arbitration and conciliation services;  
 the Law does not apply to public contracts for procurement of financial services related 
to issuance, trading or transferring of securities or other f inancial instruments, in 
particular transactions carried out by the contra cting authorities to raise funds or capital, 
and services of the National Bank of the Republic of Macedonia;  
 the Law does not apply to public contracts pertaining to employment contr acts; GPA/ACC/MKD/1  
 
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   the Law does not apply to public contracts related to notary public services, 
representation by lawyers and services rendered by enforcement officers;  
 the Law does not apply to public contracts for procurement of research and development 
services, ex cept in case when the results therefrom are exclusively used for performing 
the functions and the competences of the contracting authorities, provided that the 
service is fully paid by the contracting authority.  
2.7.  Please provide available statistics on the p rocurement by government entities in 
your country in the last two years, including, to the extent available, a breakdown by 
procuring entity and by categories of goods and services.  
Type of contract award procedure  2015  2014  2013  
Simplified competitive pr ocedure up to EUR 
5,000 in Denar equivalent  8,327  7,321  7,364  
Simplified competitive procedure up to EUR 
20,000 in Denar equivalent  7,364  5,284  3,268  
Open procedure  9,090  7,115  7,109  
Restricted procedure  2 3 7 
Qualification system  19 48 22 
Negotiated procedure with prior publication 
of a contract notice  5 68 58 
Negotiated procedure without prior 
publication of a contract notice  969 826 1,452  
Awarding public services contract for 
service category 17 -27 (total)  1,616  1,273  1,365  
 
Type of contracting a uthority  2015  2014  2013  
А. State authorities  1,172  900 1,030  
B. Bodies of local government units 
 and of the City of Skopje  1,335  1,061  1,121  
C. Legal entities established for specific 
purpose of meeting the needs of 
public interest – indent  b), 
paragraph (1), Article 4 of the Law 6,621  5,138  5,458  
D. Associations established by one or 
several contracting authorities  4 12 6 
E. Public enterprises, joint stock 
companies and limited liability 
companies in the utilities sectors  1,276  1,034  1,173  
F. Other contracting authorities  25 83 54 
 
Type of public contract  2015  2014  2013  
Supplies  15,818  12,370  11,285  
Services  9,788  8,173  7,890  
Works  1,786  1,395  1,470  
 
3  NON-DISCRIMINATION  
3.1.  Identify the specific provisions in the legislation which reflect the non 
discrimination commitments o f Article IV:1 -2 of the Agreement.  
Equal treatment and non -discrimination principle is one of the main principles of the Law on Public 
Procurement, stipulated in Article 2 there in.  
 
Article 2  
"This Law shall in particular ensure the following:  
- competiti on among economic operators,  
- equal treatment and non -discrimination among economic operators,  
- transparency and integrity in the process of awarding public contracts, and  
- rational and efficient utilization of funds in  the contract award procedures."  GPA/ACC/MKD/1  
 
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  Law on Public Procurement allows for any economic operator to participate in the contract award 
procedures. Any economic operator, regardless of whether national or foreign, may participate in 
the procedures under level -playing field terms and be treated e qually by the contracting authority.  
 
Article 40  
"Any economic operator and/or manufacturer shall have the right to participate, 
individually or as a member of a group of economic operators, in the contract award 
procedure."  
3.2.  Please provide details of any p rovisions in national legislation according domestic 
goods, services and suppliers treatment more favourable than that accorded to foreign 
goods, services or suppliers or according goods, services or suppliers of any country 
more favourable treatment than those of any other country.  
Article 199 of the Law on Public Procurement prescribes a slight national preference applied only at 
utilities contracts, which is also allowed by Directive 2004/17/EC. In practice, most of the 
economic operators come from count ries covered by Article 199 and such economic operators will 
be treated as national companies. Experience so far has shown that this possibility has never been 
used in practice.  
 
Article 199  
"When two or more tenders are less than 3 points in range from ea ch other by 
applying the contract award criteria, the contracting authority may select as the most 
advantageous one where over 50% of the supplies tendered origin from the Republic 
of Macedonia, EU Member States and from countries having concluded an 
international agreement with the Republic of Macedonia which provides equal 
treatment of the economic operators from the Republic of Macedonia  on the market of 
that country."  
3.3.  Please provide details of any provisions in national legislation allowing a locally 
established supplier to be treated less favourably than another locally established 
supplier on the basis of its degree of foreign affiliation or ownership or discriminating 
against locally established suppliers on the basis of the country of production of t he 
good or service being supplied.  
Law on Public Procurement of the Republic of Macedonia makes no difference between foreign and 
national economic operator, i.e. it does not discriminate on the basis of the manner and the 
country of establishment of the e conomic operator, its degree of foreign affiliation or ownership 
and it does not discriminate locally established suppliers on the basis of the country of production 
of the good or service being supplied.  
 
Any economic operator, national or foreign, which meets the requirements stated in the contract 
notice, may participate in the contract award procedure. This means that national economic 
operator can be supported by or participate in as a group of tenderers, among which foreign 
economic operator can be te nderer in a joint tender.  
 
3.4.  Please specify to what extent, if at all, more favourable treatment is granted to any 
sectors of the economy, regions or specific categories of suppliers or goods/services.  
Law on Public Procurement of the Republic of Macedonia s ets a condition for the subject -matter of 
procurement to be defined and to cover all potential economic operators, i.e. technical 
specifications may in no case favour or place certain economic operators in a less favourable 
situation.  
 
Article 36, paragrap h (1) 
"The contracting authority may not define technical specifications indicating to a 
specific manufacture, production, a particular process or trademarks, patents, types GPA/ACC/MKD/1  
 
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  or a specific origin of goods with the effect of favouring or disqualifying certai n 
econo mic operators or certain goods. " 
Paragraph (2), Article 36 of the Law on Public Procurement is an exception to this 
provision, and it applies in case when sufficiently precise description of the subject -
matter of the contract is not possible to be p rovided without referring to specific 
manufacture, production, a particular process or trademarks, patents, types  or a 
specific origin of goods.  
Article 36, paragraph (2)  
"Notwithstanding paragraph (1) of this Article, such reference shall be permitted onl y 
in an exceptional case when sufficiently precise description of the subject -matter of 
the contract to all interested parties pursuant to the provisions in Articles 33 and 34 of 
this Law is not possible and the words "or equivalent " should accompany such 
reference."  
3.5.  Please specify any provisions requiring or allowing the use of offsets or measures 
with similar effect, such as domestic content, licensing of technology, investment, 
counter -trade or similar requirements in the qualification or selection of su ppliers, 
goods or services or in the evaluation of tenders and award of contracts.  
Article 199 of the Law on Public Procurement prescribes a slight national preference applied only at 
utilities contracts, which is also allowed by Directive 2004/17/EC. In p ractice, most of the 
economic operators come from countries covered by Article 199 and such economic operators will 
be treated as national companies. Experience so far has shown that this possibility has never been 
used in practice.  
 
Article 199  
"When two or more tenders are less than 3 points in range from each other by 
applying the contract award criteria, the contracting authority may select as the most 
advantageous one where over 50% of the supplies tendered origin from the Republic 
of Macedonia, EU Mem ber States and from countries having concluded an 
international agreement with the Republic of Macedonia which provides equal 
treatment of the economic operators from the Republic of Macedonia  on the market of 
that country."  
4  AVOIDANCE OF CONFLIC TS OF INTER EST AND PREVENTION O F CORRUPT PRACTICES  
4.1.  Article IV:4(b) and (c) of the Agreement require procuring entities to conduct 
covered procurement in a transparent and impartial manner that "avoids conflicts of 
interest" and "prevents corrupt practices". Please in dicate the measures taken in your 
procurement system to ensure compliance with these provisions - whether under your 
procurement legislation or under related legislation.  
Basis for the legal framework regulating the combat against corruption in the Republi c of 
Macedonia is the Law on Prevention of Corruption ( "Official Gazette of the Republic of Macedonia ", 
Nos. 28/02, 46/04, 126/06, 10/08, 161/08 and 145/10). State Anti -Corruption Commission is the 
leading institution in charge of corruption prevention in the Republic of Macedonia.  
 
In 2007, State Anti -Corruption Commission signed Cooperation Protocol with 17 institutions having 
competences in the field of prevention of corruption and conflict of interests, which has proven to 
be a useful tool for fast exc hange of information and documents, thus contributing to improved 
acting by the concerned institutions and providing for strengthening of direct cooperation through 
joint actions on specific and more complex cases of corruption, mutual expert assistance an d joint 
efforts in amending the regulation within their competence. Public Procurement Bureau is also 
signatory of this Protocol.  
 
Basic principles of public procurement greatly influence the possibility for occurrence or prevention 
of corruption. These p rinciples are established in Article 2 of the Law on Public Procurement.  GPA/ACC/MKD/1  
 
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Article 2  
"This Law shall in particular ensure the following:  
- competition among economic operators,  
- equal treatment and non -discrimination of economic operators;  
- transparency a nd integrity in the process of awarding public contracts, and  
- rational and efficient utilization of funds in  the contract award procedures."  
Provisions from the Law on Prevention of Conflicts of Interest accordingly apply to the contract 
award procedures  for the purpose of preventing conflict of interests, and part of them are also 
incorporated in the Law on Public Procurement. In case of suspicion of conflict of interests, the 
responsible person at the contracting authority, the public procurement office rs, as well as the 
members of the commission, should be exempted from the decision -making process, i.e. the 
carrying out of the specific contract award procedure. As regards the contract award procedure, 
the Chairperson, the Deputy Chairperson, the members  and their deputies in the Public 
Procurement Commission, as well as the responsible person at the contracting authority, sign a 
statement on non -existence of conflict of interests, which is part of the dossier of the procedure 
carried out. Existence, i.e.  non-existence, of conflict of interests, at the Public Procurement 
Commission is determined at the moment of tender opening (regardless of the type of the 
procedure), since, before that, the contents of the tenders is confidential and it is not known whic h 
tenderer participates with which tender. Following the tender opening, Commission members 
should sign statements on existence or non -existence of conflict of interests, thus confirming that 
they are in no conflict of interest with anybody of the tenderer s having submitted their tenders. 
The responsible person at the contracting authority determines the fact of existence or non -
existence of conflict of interests at the moment of signing the decision on selection of the most 
advantageous tender, since at th at moment it is known which tenderer will be selected as 
contractor.  
 
In case of conflict of interests at the Chairperson or his/her deputy, as well as the members or 
their deputies, of the Public Procurement Commission, he/she is withdrawn from the work t herein 
and is replaced with other person. In case of conflict of interests at the responsible person at the 
contracting authority, he/she authorizes, on the basis of a separate decision, another person from 
among the officials or the employees at the contr acting authority to adopt the respective decisions 
and to sign the contract.  
 
When executing the public contract, the contractor must not hire persons involved in the 
evaluation of tenders submitted in the respective contract award procedure during the per iod of 
validity of the contract. If such case occurs, the public contract is deemed null and void.  
 
In addition, public procurement officers are not to ask for, accept, for themselves or others, any 
gifts, services, assistance or any other benefit that cou ld affect their decision regarding the 
concerned contract award procedure or corrupt their professional approach to the tasks assigned. 
Public procurement officers should report such case and document any attempt by a certain 
economic operator to bribe, i. e. influence the decision -making process in the procedures.  
 
5  ELEMENTS SPECIFIC TO  PROCUREMENT PROCEDUR ES 
5.1.  Please provide a general description of your existing procurement methods and 
procedures, including the main procurement methods used and a brief descr iption of 
each method, and the extent to which qualification of suppliers and open, selective and 
limited tendering for each level of government is used.  
Contract award procedures are stipulated in Chapter V of the Law on Public Procurement, as 
follows:  
 
 open procedure;  
 restricted procedure;  
 negotiated procedure with prior publication of a contract notice;  
 negotiated procedure without prior publication of a contract notice;  
 competitive dialogue;  
 simplified competitive procedure;  GPA/ACC/MKD/1  
 
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   design contest;  
 procurement up to EUR 500 (no procedure).  
 Open procedure  is a regular procedure the contracting authority may apply at its choice, 
without thereby having to meet certain requirements. Open procedure is carried out in two 
phases and, upon prior full evaluation of the i nitial tenders, e -auction is applied as a manner 
of awarding the public contract.  
 Restricted procedure  is a procedure in which any economic operator may submit a 
request to participate, and the contracting authority invites only the qualified candidates to  
submit a tender. Restricted procedure is carried out in two phases.  
As regards the first phase (pre -qualification phase open for all economic operators), the 
contracting authority, selects the qualified candidates, on the basis of objective selection 
criteria, whom it invites to submit a tender.  This phase does not involve any tenders yet, 
just requests to participate.  
 
With respect to the second phase, the contracting authority evaluates, on the basis of the 
contract award criteria, the tenders of the sel ected candidates it has invited.  
 
 Negotiated procedure with prior publication of a contract notice  is a procedure which 
the contracting authorities from the classical sector apply in exceptional cases when 
requirements stipulated in Article 89 of the Law are met, while the utilities can apply this 
procedure as a regular procedure by their choice.  
This procedure also comprises two phases, the first phase being the pre -qualification phase, 
i.e. the phase in which qualified candidates are selected on the basi s of objective selection 
criteria and are being invited to submit their initial tenders.  
 
With respect to the second phase, i.e. the negotiating phase, the contracting authority 
commences negotiations, following the evaluation of the initial tenders, with  each selected 
candidate individually and determines all technical, financial and legal aspects of the 
contract.  
 
 Negotiated procedure without prior publication of a contract notice  is an exceptional 
procedure and should be applied only if the situation o bjectively does not allow for applying 
the other contract award procedures.  
Since the contract notice is not published when this procedure is applied, its main feature is 
lack of transparency.  
 
Applying the negotiated procedure without prior publication of  a contract notice is strictly 
limited to precisely envisaged cases for both the contracting authorities from the classical 
sector and the utilities, i.e. it is applied only in case of fulfilling the requirements envisaged 
in Articles 99 and 198 of the Law . Depending on the requirement for its application, this 
procedure can be carried out with one or several candidates whom contract terms and 
conditions are negotiated with.  
 
 Competitive dialogue  is an exceptional procedure. The contracting authority may ap ply 
competitive dialogue procedure when awarding a public contract if:  
 the respective public contract is considered to be particularly complex, and  
 the application of open or restricted procedure would not allow awarding the public 
contract.  
The competiti ve dialogue is carried out in three phases.  
 
First phase  – pre-qualification phase of the candidates is the same as the first phase in the 
restricted procedure. The contracting authority is obliged to publish a contract notice, briefly 
describing its need s. In addition, the contract notice should also envisage the selection GPA/ACC/MKD/1  
 
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  criteria, the minimum number of candidates planned to be invited in the further procedure 
and, if necessary, the maximum number of candidates.  
 
The second phase  is the dialogue phase wi th the selected candidates. This phase is 
characteristic for the competitive dialogue. Main objective of the dialogue is for the 
contracting authority to consult the selected candidates on the manner to best achieve the 
objectives set in the descriptive do cumentation. Selected candidates are expected to present 
their ideas and proposals on the basis of their prior experience. Therefore, it is of 
exceptional importance for serious candidates, having large experience in the respective 
area, to participate in the dialogue phase, i.e. proper pre -qualification to be carried out in 
the first phase.  
 
The third phase  is the phase of submission of tenders. This phase is basically the same as 
the second phase in the restricted procedure. As regards the third phase, th e contracting 
authority has already identified the best solution on the basis on which all selected 
candidates are invited to submit tenders.  
 
 Simplified competitive procedure  is a simplified open procedure, applied for contract 
award for lower -scope and -value procurement.  
Awarding public contracts, regardless of whether their value is up to EUR 5,000 or from 
EUR 5,000 to EUR 20,000, i.e. EUR 50,000 for works, by applying the simplified competitive 
procedure, is subject to the obligation to publish contr act notice on the ESPP. The only 
difference between public contracts in the amount of up to EUR 5,000 and those from 
EUR 5,000 to EUR 20,000, i.e. EUR 50,000 for works, is the shorter minimum time limit for 
submission of tenders.  
 
All other legal provision s are accordingly applied to the simplified competitive procedures as 
well. 
 
 Design contest  is most often applied when the contracting authority needs to learn about 
the ideas on projects that include aesthetic or creative elements.  
The contracting authori ty organizes design contest when it procures a plan or a project, 
mainly in the area of spatial or urban planning, architecture and civil engineering or data 
processing, selected by a jury on the basis of an open competition.  
 
 Procurement not exceeding EUR  500 (no procedure)  Law on Public Procurement does 
not apply to procurement the total amount of which does not exceed EUR 500 in Denar 
equivalent on monthly basis, without value added tax. The respective provision prescribes 
that the contracting authority has a limit of up to EUR 500 on monthly basis, in aggregate, 
for all procurements of supplies, services and works.  
Special methods for awarding public contract pursuant to Chapter 6 in the Law on Public 
Procurement are the following:  
 
 electronic auction - a reverse auction realized after an initial full evaluation of tenders, 
where tenderers have a possibility, exclusively by using electronic means, to revise 
presented prices downwards, whereby ranking is made automatically by electronic 
means;  
 framework ag reement - a written agreement between one or more contracting 
authorities and one or more economic operators, with the purpose of establishing the 
essential terms that will govern the public contracts to be awarded in a certain period, in 
particular regard ing the price and, where appropriate, the quantities envisaged;  
 qualification systems – special method for awarding utilities contracts.  GPA/ACC/MKD/1  
 
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  5.2.  Identify the provision in your country's legislation requiring non discrimination as 
regards the qualification and sele ction of suppliers in terms of Article IX of the 
Agreement. Indicate any exception to this requirement. What are the provisions 
ensuring non -discriminatory access of new suppliers to existing qualification lists?  
Article 2 envisages the basic principles of  the Law on Public Procurement.  
 
Article 2  
 
"This Law shall in particular ensure the following:  
- competition among economic operators,  
- equal treatment and non -discrimination of economic operators,  
- transparency and integrity in awarding public contract s, and  
- rational and efficient utilization of funds in  the contract award procedures."  
Article 144 prescribes the general rules on application of selection criteria as regards the 
tenderers. Pursuant to paragraph 2 of this Article of the Law, contracting authority may not 
require, as regards the economic operators, for certain selection criteria which are not 
proportionate and are not directly related to the subject -matter of the public contract to be 
fulfilled.  
 
In addition, Articles 198 -c and 198 -d of th e Law envisage rules on application of the qualifications 
systems as regards services.  
 
5.3.  In situations where qualification procedures and selective tendering may be used, 
to what extent do procuring entities allow suppliers to become qualified during the 
procurement process? To what extent do procuring entities maintain multi -use lists of 
suppliers?  
Restricted procedure may be used as a regular procedure without any limitations.  
 
Negotiated procedure with prior publication of a contract notice and competiti ve dialogue may be 
used in the classical sector only if certain pre -conditions are met. These pre -conditions are in line 
with the respective EU rules.  
 
Pursuant to Article 196 of the Law on Public Procurement, negotiated procedure with prior 
publication o f a contract notice may be used as a regular procedure at utilities, as well as the open 
and the restricted procedure.  
 
Qualification systems, pursuant to Article 198 -а of the Law on Public Procurement, may be used 
only by the utilities.  
 
5.4.  In the light of Article X:6 of the Agreement, please specify whether there is any 
measure in your procurement system to allow procuring entities to prepare, adopt or 
apply technical specifications to promote the conservation of national resources or 
protect the environmen t. 
Pursuant to paragraph 1, Article 35 of the Law, performance requirements or functional features 
referred to in indent 2, paragraph (2), Article 33 of this Law, defining the technical specifications, 
may also include environmental requirements.  
 
Pursuant  to paragraph 2 in the concerned Article, when the contracting authority indicates 
environmental requirements in the performance requirements or the functional characteristics, it 
may use detailed specifications, or, if necessary, parts thereof, as defined  by the European or 
(multi -)national "eco-labels ", or by any other eco -label, provided that the following requirements 
are met:  
 
 those specifications are appropriate to define the characteristics of the supplies or 
services that represent the subject -matte r of the public contract;  
 the supplies or services meet the criteria for acquiring the "eco-labels " pursuant to the 
Law on Environment;  GPA/ACC/MKD/1  
 
- 15 - 
 
   the "eco-labels " are obtained in a manner and under a procedure pursuant to the Law on 
Environment; and  
 the "eco-labels " are available to all interested parties.  
The contracting authority may, pursuant to paragraph 3 in the concerned Article of the Law, 
indicate that the supplies and services bearing "eco-label" would be considered fully compliant with 
the technical specif ications in the tender documentation. The contracting authority does not 
consider a certain tender as non -compliant with the technical specifications solely for the reason 
that the supplies or services do not bear an "eco -label", provided the tenderer prov es, by any 
appropriate means, that the supplies or services correspond to the requested technical 
specifications. The contracting authority is obliged to accept the certificates by recognized bodies 
established in any EU Member State.  
 
Article 157 of the L aw stipulates the manner in which the contracting authority may request for 
certain environment management standards to be adhered to. When the contracting authority 
requires observance of certain environmental management standards, it refers to:  
 
 the Comm unity Eco -Management and Audit Scheme (EMAS); or  
 the environmental management standards based on the relevant European or 
international standards certified by accreditation or attestation bodies or by the relevant 
European or international bodies accredite d for certification.  
5.5.  What are the conditions and circumstances foreseen in your legislation allowing the 
use of the limited tendering method under Article XIII of the Agreement? What 
measures exist in order to ensure that this method is not used with a vie w to avoiding 
maximum possible competition or in a manner which would constitute a means of 
discriminating among foreign goods/services/suppliers or in favour of domestic 
goods/services/suppliers?  
There are special conditions and circumstances foreseen in the legislations in the Republic of 
Macedonia allowing the use of the restricted procedure under Article XIII of the Agreement when 
the negotiated procedure with prior publication of a contract notice, the negotiated procedure 
without prior publication of a contract notice, the competitive dialogue and the design contest are 
applied.  
 
Pursuant to Article 77 of the Law on Public Procurement, the contracting authority may apply 
competitive dialogue procedure when awarding a public contract if:  
 
 the respective  public contract is considered to be particularly complex, and  
 the application of open or restricted procedure would not allow awarding the public 
contract.  
The contracting authority, pursuant to Article 89 of the Law, applies negotiated procedure with 
prior publication of a contract notice in the following cases:  
 
 in exceptional cases, when the nature of the works, supplies or services, or the risks 
arising therefrom, does not allow a prior overall pricing of the contract,  
 for services contract, where the service to be procured is of such nature, that the 
technical specifications cannot be elaborated with sufficient precision to permit the 
awarding of the contract by selecting the most advantageous tender in line with the 
rules governing open or restricted procedures, and  
 for works, when the works performed are needed exclusively for the purpose of 
research, testing or development, rather than for the purpose of obtaining profit or 
recovering the research and development costs.  GPA/ACC/MKD/1  
 
- 16 - 
 
  Rules and requirements to appl y the negotiated procedure without prior publication of a contract 
notice are envisaged in Article 99 of the LPP, also stated in the answer to the question under 
point 5.6. 
 
Pursuant to Article 105 of the Law, the contracting authority organizes design con test in line with 
paragraph (3), Article 21 of this Law, as a separate procedure with prizes to participants, or as a 
part of the procedure for awarding public services contract. The contracting authority, pursuant to 
Article 106 of the Law, states all inf ormation, requirement, rule or criteria in the contest 
documentation so as to provide the potential participants with correct and complete information 
regarding the design contest.  
 
5.6.  Article XII of the Agreement allows for negotiation under certain conditio ns. Are 
procuring entities allowed to proceed to negotiations? If so, which categories and what 
are the conditions imposed?  
Negotiated procedure without prior publication of a contract notice is an exceptional procedure to 
be applied solely in the cases st ipulate by the Law. Negotiated procedure with prior publication of a 
contract notice in the classical sector is also considered as exceptional procedure and may be 
applied solely in few cases envisaged in Article 99 of the Law.  
 
Hence, pursuant to the requ irements envisaged in Article 99 of the Law, the contracting authority 
may apply the negotiated procedure without prior publication of a contract notice in the following 
cases:  
 
i. for public supplies, service and works contracts:  
 no tender is submitted upon two previously carried out open procedures or 
simplified competitive procedures, i.e. no request to participate is submitted in 
the first phase upon two previously carried out restricted procedure, provided 
that the requirements in the technical documenta tion are not altered;  
 when due to technical or artistic reasons, or for reasons connected with 
protection of exclusive rights (patents, etc .), the contract may be executed only 
by a particular economic operator;  
 for reasons of extreme urgency caused by even ts unforeseeable by the 
contracting authority, nor attributable to it as an omission, as a result of which 
the time limit for publication of open procedure, restricted procedure, simplified 
competitive procedure or negotiated procedure with prior publicati on of a 
contract notice cannot be complied with.  
ii. for public supplies contracts:  
 when the supplies involved are manufactured exclusively for the purpose of 
research, experimentation, study or development, but not for assembly -line 
manufacturing to establish  commercial viability or to recover research and 
development costs;  
 when the contracting authority has to procure additional deliveries from the 
original contractor for the purpose of either partial replacement of usual supplies 
or installations or extensi on of existing supplies or installations, whereby a 
change of the tenderer would oblige the contracting authority to purchase 
material having different technical characteristics which would result in 
incompatibility or disproportionate technical difficulti es in operation and 
maintenance; the duration of additional procurements must not exceed three 
years from the date of concluding the original contract and their value must not 
exceed 30% of the value of the original contract, and  
 in case of procurement und er particularly favorable terms, from a tenderer which 
winded -up its business activities (liquidation or bankruptcy), from a bankruptcy 
trustee or liquidator upon a prior agreement with the creditors;  GPA/ACC/MKD/1  
 
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  iii. for public services contract, when, following a design contest, the contract concerned 
is awarded to the best ranked candidate or to one of the best ranked candidates. If 
the contract is awarded to one of the best ranked candidates, the contracting 
authority invites all best ranked candidates to participate in  the negotiations; and  
iv. for procurement of unforeseen works, as well as additional works or services not 
included in the original contract, but which have, due to unforeseen circumstances, 
become necessary, provided that the contract is awarded to the contr actor or the 
service provider from the original contract, in the case when:  
 such works or services cannot be technically or economically separated from the 
original contract without causing major inconvenience for the contracting 
authority; or  
 such works o r services, although separable from the execution of the original 
contract, are necessary for its completion.  
As regards utilities, negotiated procedure with prior publication of a contract notice is deemed as a 
regular procedure.  
 
5.7.  Article XI of the Agreem ent sets out the minimum time -periods for tendering and 
delivery. What are the rules and practices regarding time -periods in your legislation? 
Does the legislation reflect the various minimum time -periods as set out in the 
Agreement? If not, give informati on on any different time periods which have been 
established in your national legislation.  
Depending on the estimated value of public contract, the contracting authority applies the 
respective procedure, thereby adhering to the provisions in the Law on Pub lic Procurement and the 
bylaws.  
 
Estimated value in EUR  Type of procedure that 
can be applied  Publication  Time -periods for 
submission of tenders 
or requests to 
participate  
0-500 monthly  Without procedure  Not published  None 
500 - 5,000 Simplified competit ive 
procedure  ESPP 5 days  
5,000 (supplies and 
services)  
 
5,000 – 50,000 (works)  ESPP 10 days  
20,000 (50,000 for 
works) - 130,000 
(4,000,000 for works) in 
classical sector  
 
 
 
20,000 (50,000 for 
works) - 200,000 
(4,000,000 for works) for 
utilities contrac ts Open procedure  ESPP and Official Gazette 
of RM  20 days (open procedure)   
 
 
 
 
 
 
 
15 days (first phase of 
restricted procedure, 
negotiated procedure 
with prior publication of a 
contract notice)  
 
22 days (second phase of 
restricted procedure)  
 
 
 
15 days (c ompetitive 
dialogue)  Restricted procedure  ESPP and Official Gazette 
of RM (first phase)  
 
Not published (second 
phase)  
Negotiated procedure 
with prior publication of a 
contract notice  ESPP and Official Gazette 
of RM (first phase)  
Competitive dialogu e ESPP and Official Gazette 
of RM (first phase)  
Negotiated procedure 
without prior publication 
of a contract notice  Not published  GPA/ACC/MKD/1  
 
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  Exceeding 130,000 
(4,000,000 for works) in 
classical sector  
 
 
Exceeding 200,000 
(4,000,000 for works) for 
utilities contr acts Open procedure  ESPP and Official Gazette 
of RM   
 45 days (open procedure)  
 
 
30 days (first phase of 
restricted procedure, 
negotiated procedure 
with prior publication of a 
contract notice)  
40 days (second phase of 
restricted procedure)   
 
30 days (compe titive 
dialogue)  Restricted procedure  ESPP and Official Gazette 
of RM (first phase)  
 
Not published (second 
phase)  
Negotiated procedure 
with prior publication of a 
contract notice  ESPP and Official Gazette 
of RM (first phase)  
Competitive dialogue  ESPP and Official Gazette 
of RM (first phase)  
Negotiated procedure 
without prior publication 
of a contract notice  Not published  
 
* Pursuant to paragraph 2, Article 54 of the Law, if estimated value of the public contract, excluding 
VAT, exceeds EUR 50,0 00 in Denar equivalent for supplies and services, i.e. EUR 200,000 in Denar 
equivalent for works, the contract notice is mandatorily published in the Official Journal of the 
European Union or in a respective business publication or technical or specialized  newspaper 
available to the broad international expert and other public.  
 
5.8.  Briefly describe the procedures for the submission, receipt and opening of tenders 
and awarding of contracts, in particular the procedures and conditions guaranteeing 
regularity of t he openings and consistency with the non -discrimination provisions of the 
Agreement. How is the information on the proceedings related to the receipt, opening 
and evaluation of tenders maintained by procuring entities?  
The tenderer prepares its tender in a ccordance with the tender documentation. The tender is 
binding for the entire validity period established by the contracting authority.  
 
Opening of tenders in the open procedure, the second phase of restricted procedure and when 
submitting tenders in comp etitive dialogue is public. Public opening of tenders commences at the 
place and the time specified in the tender documentation as the time limit for submitting the 
tenders, except for procurement of consulting services. The Commission is obliged to take m inutes 
from the public opening.  
 
Pursuant to paragraph 1, Article 140 of the Law, tenders not opened at the public opening are not 
subject to evaluation. Paragraph 2 states that the Commission, prior to evaluating the tenders, 
mandatory verifies if the ten derers are published a negative reference by the expiry of the time 
limit for submission of tenders, accordingly documenting it as part of the procedure dossier. The 
Commission checks the validity and the completeness of the qualification documentation onl y for 
the tenderers which are not published a negative reference, within five working days from the time 
limit for submission of the tenders, i.e. ten working days at procurement with estimated value 
exceeding one million euros in Denar equivalent, excludi ng VAT. Paragraph 3 of Article 140 
stipulates that the Commission mandatory requests the tenderers to clarify or supplement the 
qualification documents within the time limit referred to in paragraph 2 in the concerned Article. 
The Commission may not create  any advantages in favour of a certain economic operator by using 
the requested clarifications or additions to the documentation. Pursuant to paragraph 4, Article 
140 of the LPP, no changes to the technical and financial proposal may be requested, offered nor 
allowed by the Commission, except for clarifications related to the tender upon prior written 
request by the Commission and correction of arithmetical errors. Paragraph 8 of the concerned 
Article envisages for the tenders to be evaluated only by applyi ng the criteria set in the tender 
documentation and published in the contract notice. The Commission, pursuant to paragraph, 
Article 140 of the LPP, after evaluation, ranks the tenders and prepares proposal for selection of 
the most advantageous tender. In  addition, pursuant to paragraph 1, Article 163 of the Law, 
should a certain tender contain an abnormally low price, significantly lower than the real market 
price, which gives rise to a suspicion whether the contract will be executed, the contracting 
authority requests the tenderer, in writing and prior to rejecting the tender, details regarding the 
tender it considers to be important and checks the evidence submitted to justify the price of the 
tender.  GPA/ACC/MKD/1  
 
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  5.9.  Please identify the provisions in your legislation se tting the parameters for the 
prescription of technical specifications by procuring entities as part of the evaluation 
criteria.  
Provisions setting the parameters for the prescription of technical specifications are stipulated in 
Articles 32, 33, 34, 35 and  36 of the Law on Public Procurement.  
 
5.10.   Identify the measures in national legislation ensuring that awards are made in 
accordance with the evaluation criteria and essential requirements specified in the 
tender documentation.  
Article 32 of the Law on Public Procurement envisages that the contracting authority is obliged to 
state the requirements, the terms and conditions, the criteria and other necessary information 
within the tender documentation, so as to provide the economic operator complete, accurate and  
precise information regarding the manner of conducting the contract award procedure.  
 
Pursuant to paragraph 8, Article 140 of the Law, tenders are evaluated only by applying the 
criteria set in the tender documentation and published in the contract notice . 
 
The contracting authority, pursuant to Article 159 of the Law, is obliged to specify the contract 
award criterion in the contract notice, which criterion once established, may not be changed during 
the contract award procedure.  
 
As per paragraph 1, Arti cle 162 of the Law, the contracting authority selects the most 
advantageous tender by making a decision therefore, on the basis of the contract award criteria 
set in both the contract notice and the tender documentation, provided that the tenderer with the  
most advantageous tender meets the stipulated selection criteria.  
 
6  INFORMATION  
6.1.  Article VI of the Agreement foresees the publication of laws, regulations, judicial 
decisions, administrative rulings of general application and procedures regarding 
government  procurement. Please give the name of the relevant publication(s) and 
indicate the media used for this purpose. Please also provide, where available, the 
address of an Internet website where the legislation referred to in questions 1 and 2 can 
be found.  
Law on Public Procurement, other regulations and acts governing the area of public procurement 
are published in the "Official Gazette of the Republic of Macedonia ", in printed and electronic form, 
and they are also available on the Bureau 's website – http:// www.bjn.gov.mk . 
 
6.2.  Article VII:1 of the Agreement foresees the publication of a notice of intended 
procurement for each covered procurement undertaken by a procuring entity. Please 
give the name of the relevant publicat ion(s) and indicate the media to be used for this 
purpose. Please also provide, where available, the address of an Internet website where 
such notices are published.  
The contract notice for open procedure, restricted procedure, competitive dialogue, negoti ated 
procedure with prior publication of a contract notice and design contest is published on the ESPP - 
https://e -nabavki.gov.mk  and in the "Official Gazette of the Republic of Macedonia ". Pursuant to 
paragraph 2,  Article 54 of the Law on Public Procurement, as regards procurement exceeding 
certain value thresholds, publication of contract notice in Official Journal of the European Union is 
also envisaged.  
 
6.3.  Please specify the types of information that your legislat ion requires to be included 
in notices of intended procurement or in tender documentation, and identify the relevant 
provisions of your legislation.  
Contents of the contract notice is regulated in the Rulebook on the Form and the Contents of 
Contract Notic es and Contract Award Notices ( "Official Gazette of the Republic of Macedonia ", No. 
154/07):  
 GPA/ACC/MKD/1  
 
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  Article 2  
"Contract notice shall comprise the following elements:  
- contracting authority , 
- subject -matter of the public contract , 
- procedure , 
- legal, economi c, financial and technical information , and 
- administrative information.  
Appendix – Changes of the Data in the Contract Award Procedure shall be an integral 
part of the contract notice.  
Contract notice with the Appendix – Changes of the Data in the Contra ct Award 
Procedure shall be presented in the CN Form, which shall be an integral part of this 
Rulebook."  
Pursuant to paragraph 2, Article 53 of the Law on Public Procurement, estimated value, excluding 
VAT, is also mandatory published in the contract notic e.  
 
Contents of the tender documentation is regulated by the Law on Public Procurement, in 
particular:  
 
Paragraph 2, Article 32  
"Tender documentation shall contain in particular the following:  
- general information regarding the contracting authority, par ticularly address, 
telephone number, fax number, e -mail, contact persons, communication means, 
etc., 
- guidelines regarding the statutory time limits and the necessary requirements 
for participating in the contract award procedure,  
- if required, the minim um qualification requirements and documents to be 
submitted by the tenderers or the candidates so as to prove that they meet the 
selection criteria,  
- technical specifications or, in case of competitive dialogue and negotiated 
procedure, descriptive docume ntation,  
- guidelines regarding the preparation and the submission of the technical and 
the financial proposal,  
- detailed and complete information regarding the contract award criteria to be 
applied in the selection of the most advantageous tender in line  with the 
provisions referred to in Section 3, Chapter VII of this Law,  
- guidelines regarding the review procedures in the contract award procedure, 
and 
- information regarding the mandatory provi sions from the public contract."  
Contents of the tender doc umentation is more closely regulated by the Rulebook on the Contents 
of Tender Documentation ( "Official Gazette of the Republic of Macedonia ", nos. 19/08,162/14):  
 
Article 2  
"Depending on the type of procedure, as well as the subject -matter and the scope o f 
the public contract or the framework agreement, the tender documentation shall 
contain in particular the following:  
- name of the contracting authority, address, telephone number, fax number, 
Internet address and e -mail; 
- information on the type of the contract award procedure or the framework 
agreement procedure;  
- information on the person in charge of communication with the economic 
operators;  GPA/ACC/MKD/1  
 
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  - description and identification of the lots of the subject -matter of the public 
contract or the framework ag reement;  
- time limit, time and place for submission and opening of the tenders; time limit 
for submission of the requests to participate;  
- requirements to be met by the leading member in the group of economic 
operators and its members proportionally to t heir share in the joint tender;  
- selection criteria for the economic operators and minimum qualification 
requirements;  
- documents necessary for proving the fulfilment  of the selection criteria;  
- number of selected candidates to be invited to tender, to participate in the 
dialogue phase at the competitive dialogue procedure or to participate in 
negotiations at the negotiated procedure with prior publication of a contract 
notice, in case when the contracting authority sets the maximum number of 
candidates to tender in the next phase of the procedure;  
- technical specifications, project tasks or descriptive documentation;  
- deadline for delivery of supplies, provision of services or execution of works, i.e. 
period for which the public contract or framework a greement shall be valid;  
- guidelines regarding the preparation and the submission of the technical and 
the financial proposal, i.e. the request to participate;  
- information whether variants are allowed, as well as the minimum requirements 
and the manner of evaluating variants;  
- information whether the price is envisaged to be fixed or variable, as well as the 
manner of changing the prices in case of variable prices;  
- possible requirements regarding the indication of the part of the public contract 
to be extended to subcontractors;  
- tender currency or currencies, and manner of currency conversion;  
- time limit, manner and terms and conditions of payment;  
- tender validity period;  
- types of guarante es and guarantee requirements;  
- contract award criteria  and maximum number of points for each element of the 
criterion separately;  
- information regarding the electronic devices to be applied;  
- information whether e -auction will be applied;  
- information regarding the competent bodies where economic operators  can 
obtain information on the existing regulations in the field of taxes and other 
public fees, labour relations, working conditions and protection at work;  
- any statements required;  
- information on review procedures;  
- other important information relat ed to the subject -matter of the public contract 
in accordance with sector -specific rules or rules prescribed with other 
regulations;  
- information regarding the mandatory provisions from the public contract;  
- statement on s teadiness of the tender; and  
- statement on independent tender. " 
6.4.  Article IX:7 of the Agreement foresees publication of multi -use lists of suppliers by 
procuring entities maintaining such lists. Please give the name of the relevant 
publication(s) and indicate the means used for this purpo se. Please also provide, where 
available, the address of an Internet website where such lists are published.  
Paragraph 1, Article 198 -b of the Law stipulates that the qualification system is established by 
publishing a notice for setting up a qualification  system on the ESPP, i.e. on the website https://e -
nabavki.gov.mk . Qualification system is a special manner of awarding only the utilities contracts.  
 
6.5.  Article XVI:2 of the Agreement foresees the publication of deta ils of contract award 
notices by procuring entities. Please give the name of the relevant publication(s) and 
indicate the means to be used for this purpose. Please also provide, where available, the 
address of an Internet website where such notices are pub lished.  
Paragraph 1, Article 55 of the Law on Public Procurement stipulates that the contracting authority 
mandatory publishes the contract award notice on the ESPP within 30 days following:  
 GPA/ACC/MKD/1  
 
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   the carried out open procedure, restricted procedure, competitiv e dialogue or negotiated 
procedure with and without prior publication of a contract notice, by awarding public 
contract or concluding framework agreement;  
 the carried out design contest by selecting the best ranked participant; and  
 the procurement of servi ces referred to in indent 2, paragraph (1), Article 17 of this Law, 
if the estimated the value, excluding VAT, exceeds EUR 20,000 in Denar equivalent.  
Contracting authorities publish the contract award notices on the website https://e -
nabavki.gov.mk . 
 
6.6.  Please specify the types of information that notices of contract awards should 
contain in your country and identify the relevant provisions in your legislation.  
Contents of the contract award notice is regulated by the Rulebook on the Form and the Contents 
of Contract Notices and Contract Award Notices ( "Official Gazette of the Republic of Macedonia ", 
No. 154/07):  
 
Article 5  
"Contract award notice shall contain the following elements:  
- contracting authority:  
- subject -matter of the public contract;  
- procedure;  
- conclusion of the contract.  
 
Following Appendices shall be an integral part of the contract award notice:  
 
- Appendix E – Justification for the selection of the negotiated procedure with 
prior publication of a contract notice;  
- Appendix F - Justification for the selection of the negotiated procedure without 
prior publication of a contract notice.  
 
Contract award notice, together with the Appendices, is presented in Form No. 4, 
which shall be an integral part of  this Rulebook."  
 
6.7.  Please specify the relevant provisions in your legislation and/or administrative 
procedures enabling, as foreseen in Article XVI:1 of the Agreement, the provision of 
information to unsuccessful tenderers regarding the reasons why a tender  was not 
selected.  
Following provisions in the Law on Public Procurement regulate the notifying of unsuccessful 
tenderers:  
 
Article 167  
"(1) The contracting authority, depending on the type of contract award procedure 
applied, shall notify the candidates, i.e. the tenderers, in writing, about the 
decisions made regarding the pre -qualification, the contract award, the 
conclusion of the framework agreement or the cancellation of the contract 
award procedure. The notification shall be sent within three days as  of the date 
the respective decision was made.  
(2) Copy of the respective decision shall be attached to the notification.  
(3) Notification referred to in paragraph (1) of this Article shall be sent in writing.  
(4) Minister of Finance shall prescribe the fo rm and the contents of the notification 
referred to in paragraph (1) of this Article. " GPA/ACC/MKD/1  
 
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  Article 168  
"Depending on the type of contract award procedure applied, the contracting authority 
shall be obliged to notify, in the notification referred to in paragrap h (1), Article 167 of 
this Law, the tenderer or the tenderers the tender of which is selected as the most 
advantageous, as well as the candidates or tenderers that are rejected or the tender 
of which is not selected as the most advantageous, on the reasons  for reaching the 
decision as follows:  
- each unsuccessful candidate about the reasons for rejecting its request to 
participate;  
- each tenderer the tender of which is rejected, about the reasons for rejecting its 
tender, with a detailed explanation as to why the tender is considered 
unacceptable; and  
- each tenderer having submitted an acceptable tender that is not selected as the 
most advantageous, about the name of the selected tenderer or tenderers and 
the reasons for making the selection."  
6.8.  Please speci fy the procedures that your government will have in place to ensure, as 
foreseen in Article XVII:1 of the Agreement, the prompt provision to any other Party, on 
request, of any information necessary to determine whether a procurement was 
conducted fairly, impartially and in accordance with the Agreement, including 
information on the characteristics and relative advantages of the successful tender.  
Pursuant to paragraph (3), Article 139 of the Law on Public Procurement, copy of the minutes of 
the public tend er opening is submitted to all tenderers who so request, and tenders of which are 
opened at the public tender opening, within five days as of the day of receiving the request for 
delivery of the minutes.  
 
Paragraph 8, Article 142 of the Law on Public Procu rement stipulates that the economic operators 
having participated in the procedure have the right to insight in the Procedure Outcome Report. 
Thereby, the contracting authority is obliged to ensure protection of the information the economic 
operator has de signated as confidential, in particular when it is a case of business secret and 
intellectual property rights, as stipulated in Article 25 of the Law on Public Procurement.  
 
Depending on the contract award procedure applied, the Report referred to in parag raph (1) of 
Article 142 contains in particular the following:  
 
 name and address of the contracting authority, subject -matter and estimated value of 
the public contract or the framework agreement;  
 names of the selected candidates or tenderers and the reason s for their selection;  
 name of the candidates or the tenderers the request to participate or the tenders of 
which are rejected and the reasons for their rejection;  
 the reasons for the rejection of tenders found to be abnormally low; and  
 name of the tendere r or the tenderers the tender of which is selected as the most 
advantageous one and the reasons and the manner of the selection made.  
 
The contracting authority, depending on the type of contract award procedure applied, notifies the 
candidates, i.e. the t enderers, in writing, about the decisions made regarding the pre -qualification, 
the contract award, the conclusion of the framework agreement or the cancellation of the contract 
award procedure. The notification shall be sent within three days as of the da te the respective 
decision was made. Copy of the respective decision is attached to the notification.  
 
Depending on the type of contract award procedure applied, the contracting authority is obliged to 
notify, in the notification, the tenderer or the tende rers the tender of which is selected as the most 
advantageous, as well as the candidates or tenderers that are rejected or the tender of which is 
not selected as the most advantageous, on the reasons for reaching the decision as follows:  
 
 each unsuccessful  candidate about the reasons for rejecting its request to participate;  GPA/ACC/MKD/1  
 
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   each tenderer the tender of which is rejected, about the reasons for rejecting its tender, 
with a detailed explanation as to why the tender is considered unacceptable; and  
 each tenderer  having submitted an acceptable tender that is not selected as the most 
advantageous one, about the name of the selected tenderer or tenderers and the 
reasons for making the selection.  
7  DOMESTIC REVIEW PROC EDURES  
7.1.  Please provide information on existing domes tic review procedures.  
Any economic operator having legal interest in the contract award procedure, and which has 
suffered or could suffer damage by any possible violation of the provisions of this Law, may initiate 
review procedure against the decisions, the actions and the failures by the contracting authority to 
undertake actions in the contract award procedure. State Attorney's Office of the Republic of 
Macedonia may also initiate review procedure in cases when it protects the interests of the state or 
the public interest.  
 
In the course of the review procedure, the parties are obliged to present all facts used as grounds 
for their requests, as well as the actions or failures by the contracting authority to undertake 
actions in the contract award proced ure, and to provide respective evidence thereof. In the course 
of the review procedure, the contracting authority is obliged to prove the facts and the 
circumstances on the basis of which it has made the decision, acted or failed to act when carrying 
out the contract award procedure, which is subject to the appeal procedure. As regards the review 
procedure, the appellant is obliged to prove and to elaborate on the facts and the reasons 
pertaining to the right to lodge an appeal, the violation of the law and  the violation of the 
substantial law, stated in the appeal.  
 
7.2.  Are there specific provisions enabling access of foreign suppliers to domestic 
review procedures?  
Right to review procedure is equally available and accessible to both the national and the forei gn 
economic operators, i.e. the Law makes no difference between national and foreign economic 
operator regarding the access to review procedures.  
 
7.3.  To the extent that this information does not fully respond to the following points, 
please provide the supple mentary information necessary to do so:  
a. The time -limit to launch a complaint contained in the Agreement is "not less 
than 10 days" from the time when the basis of the complaint is known or 
reasonably should have been known. What are the limits in your dome stic 
legislation?  
Pursuant to paragraph 2, Article 216 of the Law on Public Procurement, the appeal is 
lodged within eight days, i.e. three days at the simplified competitive procedure, as of 
the day of:  
 
 receiving the minutes from the technical dialogue c arried out, concerning the actions 
or the failures to undertake actions related to the carrying out of the technical 
dialogue,  
 publishing the contract notice, concerning the information, the actions or the failures 
to undertake actions under the contract n otice,  
 tender opening, concerning the actions or the failures to undertake actions related to 
the tender documentation, i.e. the public tender opening,  
 Expiry of the time limit for adoption of decision on selection or cancellation of the 
procedure pursuant  to paragraph (2), Article 162 of this Law, concerning the failure 
to adopt decision on selection or cancellation of the procedure within the respective 
time limit,  
 receiving the decision for an individual right in the contract award procedure, in 
relation  to determining the qualifications from the requests to participate or the 
evaluation of tenders, and the decision, or  GPA/ACC/MKD/1  
 
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   gaining information about illegal applying of the contract award procedure, within 
one year at the latest as of the day of completing the  contract award procedure.  
An appeal is also lodged within three days following the day of receiving the contract 
award notice on the basis of a framework agreement.  
 
When is it a matter of a procedure having an electronic auction as final phase, the time 
limit for lodging the appeal with respect to determining the qualifications of the 
tenderers and the overall evaluation of the initial tenders is considered from the day of 
receiving the decision for an individual right in the contract award procedure foll owing 
the completion of the electronic auction.  
 
b. What body is responsible for the domestic review procedures? Is this a "court" 
or an "impartial and independent review body"? If the latter:  
State Appeals Commission (SAC) is competent to resolve appeals in the contract award 
procedures prescribed by the Law on Public Procurement, as well as appeals in 
procedures for awarding contracts for concessions and public private partnership, 
envisaged by law. State Appeals Commission decides on the legality of the act ions and 
the failures to undertake actions, as well as the decisions as individual legal acts adopted 
in the procedures, as well as on other issues pursuant to the LPP. State Appeals 
Commission also decides upon other requests permitted to be submitted in the review 
procedure by the parties therein. Provisions in this Section of the LPP accordingly apply 
to the review procedure in procedures for awarding contracts for concessions and public 
private partnership. State Appeals Commission is a state authority,  which is independent 
in its operations and has a legal personality.  
 
i. How are its members selected?  
State Appeals Commission comprises a Chairperson and four members, who 
professionally carry out their functions. Assembly of the Republic of Macedonia 
appoi nts, by using public call for competition, and dismisses the Chairperson and the 
members of the State Appeals Commission upon proposal by the Committee on 
Election and Appointment Issues within the Assembly of the Republic of Macedonia. 
The Chairperson and  the members of the State Appeals Commission are appointed 
for a period of five years and have the right to reappointment. A person who is a 
citizen of the Republic of Macedonia, holds a university degree in law and has at least 
three years of experience i n the field of public procurement may be appointed as 
member of the State Appeals Commission. A person who holds a university degree in 
law, has passed the bar exam and has at least five years of experience in the field of 
public procurement may be appoint ed as Chairperson of the State Appeals 
Commission. Members of the Appeals Commission elect the Deputy Chair person from 
among their ranks. The Chairperson and the members of the State Appeals 
Commission cannot be members of other bodies elected or appointed  by the 
Assembly of the Republic of Macedonia or the Government.  
 
ii. Are its decisions subject to judicial review?  
Administrative dispute may be initiated against the decisions of the State Appeals 
Commission before the court competent for resolving administr ative disputes. The 
court competent for resolving administrative disputes resolves the cases related to 
public procurement in summary proceedings.  
 
iii. If not, how will the requirements of paragraph 6 of Article XVIII of the 
Agreement be taken into account?  
c. What is the applicable law by reference to which the review body will examine 
complaints?  
Provisions of the Law on General Administrative Procedure apply to the procedure before 
the State Appeals Commission that is not regulated by the provisions of the Law on 
Public Procurement.  GPA/ACC/MKD/1  
 
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  d. Which rapid interim measures are provided to correct breaches of the 
Agreement and to preserve commercial opportunities?  
Pursuant to paragraph (1), Article 217 of the Law on Public Procurement, the lodged 
appeal suspends the signing of the public contract and its execution, until the decision 
reached by the Appeals Commission becomes final.  
 
i. Do these measures include the possibility to suspend the procurement 
process? On what conditions?  
e. How do domestic review procedures provide for c orrection of breaches of the 
Agreement and/or of your measures implementing the Agreement? What types 
of compensation for loss or damages suffered can the review body order?  
Pursuant to paragraph (1) in Article 220, as regards the review procedure, the Sta te 
Appeals Commission may:  
 
 annul the decision reached by the Council or repeal the decision reached by the 
Council and remit the case for re -examination,  
 stop the procedure due to withdrawal of the appeal,  
 dismiss the appeal because the State Appeals Comm ission is not competent, the 
appeal is not allowed, complete, timely or is lodged by unauthorised persons, and in 
case the requirement laid down in paragraph (2), Article 212 of this Law is not 
fulfilled,  
 reject the appeal because it is unfounded,  
 repeal t he decision or cancel parts of the actions found to be illegal,  
 order the contracting authority to undertake the actions referred to in paragraph (2), 
Article 162 of the Law which it has failed to undertake, pursuant to this Law,  
 annul the decision and can cel the whole procedure in case when the violation 
committed in the contract award procedure is considered as a reason for annulment 
according to the provisions of this Law and the laws regulating the administrative 
procedure, as well as in case of failure  to act pursuant to Article 215 in relation to 
paragraph (4), Article 222 of this Law,  
 decide upon the requests for compensation for procedural costs, or  
 decide upon the proposals for continuation of the contract award procedure.  
f. Give any available informa tion on the time periods for the stages of the 
domestic review process, including to obtain interim measures and a final 
decision.  
Pursuant to paragraph (6) in Article 224, State Appeals Commission adopts decision 
within 15 days from the day the case docum entation is submitted, except in the cases 
referred to in paragraph (2), Article 14 -I and indent 1, paragraph (2), Article 216 of this 
Law, in which case it adopts decision within 15 days from the day of receiving the 
appeal.  
 
g. What are the usual costs to c onduct a domestic review procedure? Are there 
possibilities foreseen to do so free of charge?  
Pursuant to paragraph (1), Article 229 of the Law, in addition to the administrative fee, 
the appellant also pays an appeal fee depending on the value of the tend er, as follows:  
 
 up to EUR 20,000 in Denar equivalent, EUR 100 fee in Denar equivalent,  
 from EUR 20,000 to EUR 100,000 in Denar equivalent, EUR 200 fee in Denar 
equivalent,  
 from EUR 100,000 to EUR 200,000 in Denar equivalent, EUR 300 fee in Denar 
equivalen t, or 
 exceeding EUR 200,000 in Denar equivalent, EUR 400 fee in Denar equivalent.  
 GPA/ACC/MKD/1  
 
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  8  OTHER MATTERS  
8.1.  To what extent is information technology being used in the process of government 
procurement? Are notices of intended procurement and/or notices of contract aw ards 
published electronically? Please provide the address of such electronic publications.  
Public Procurement Bureau (PPB) has developed sophisticated Electronic System for Public 
Procurement (ESPP), which is one of a kind computerized system, available on  the Internet 
website , which provides for filling in and publishing the contract notices, notices for simplified 
competitive procedure, contract award notices, records on simplified competitive procedure, 
cancellation of procedures, carrying out of contra ct award procedures by using electronic means 
(using electronic devices for data processing and storing), as well as carrying out electronic 
auctions.  
 
Pursuant to Article 13 of the Law on Public Procurement, published in the "Official Gazette of the 
Republic of Macedonia " no. 78/2015, contracting authority is obliged to carry out open procedure, 
restricted procedure and simplified competitive procedure by using electronic means through the 
ESPP in at least 30% of the published contract notices starting fr om 1st January 2016, at least 
50% of the published contract notices starting from 1st January 2017 and in 100% of the 
published contract notices from 1st January 2018.  
 
ESPP is fully open for use by both the foreign tenderers and the national ones. The sys tem can be 
used in English language, whereby all pre -defined fields are available in English language. So -far 
experience shows that foreign economic operators successfully use the system without any serious 
problems.  
 
8.2.  Is there a contact point in your count ry for responding to enquiries from suppliers, 
other governments and the wider public relating to laws, regulations and procedures 
and practices regarding government procurement at the central and/or sub -central 
level? Please provide the address.  
Pursuant to indents 3 and 4, paragraph (1), Article 14 of the Law on Public Procurement, Public 
Procurement Bureau provides opinion related to the provisions and the application of the Law and 
gives advice and assistance to the contracting authorities and the econo mic operators. As for the 
question regarding the laws, regulations, procedures and practices in the field of public 
procurement, telephone call can be made through the User Support Center of the Department of 
Normative Affairs, Training and International R elations, and questions can be posed through the 
web contact form on http:// www.bjn.gov.mk . 
 GPA/ACC/MKD/1  
 
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  LIST OF ATTACHMENTS  
1. Law on Public Procurements (Consolidated Text – Draft Version)  - pages 31 -137 
2. Rulebook on the Manner of  Using the Electronic System for Public Procurement  – 
pages  138-146 
3. Rulebook on the Format and the Contents of the Procedure Outcome Report Form  – 
page 147 
4. Rulebook on Amending the Rulebook on the Format and the Contents of the Procedure 
Outcome Report For m [1]  – page 148  
5. Rulebook on Amending the Rulebook on the Format and the Contents of the Procedure 
Outcome Report Form [2]  – page 149  
6. Rulebook on the Format and the Contents of the Form of the Notice for Setting up a 
Qualification System  – page 150  
7. Ruleboo k on the Form and the Contents of the Notification to Candidates. I.E. Tenderers, on 
Decisions Pertaining to Conducted Prequalification, Awarded Public Contract, Concluded Framework 
Agreement or Cancelled Contract Award Procedure  – page 151  
8. Rulebook on Ame nding the Rulebook on the Form and the Contents of the Notification to 
Candidates, i.e. Tenderers, on Decisions Pertaining to Conducted Prequalification, Awarded Public 
Contract, Concluded Framework Agreement or Cancelled Contract Award Procedure  – pages 
152-153 
9. Rulebook on Public Procurement Education Programme, Train -the-Trainers Programme, the 
Form and Contents of the Certificate for Passed Exam for Public Procurement Officer and Public 
procurement Trainer, as well as the Amount of the Fee Paid by the Pa rticipants in the Education 
Rulebook on the Contents of Tender Documentation  – pages 154 -169 
10. Rulebook on the Procedure of Tender Opening and the Form of Keeping Minutes for the 
Public Opening of the Tenders  – pages 170 -177 
11. Rulebook on the Manner of Estimat ing the Value of Public Contracts  – pages 178 -180 
12. Rulebook on the Form, the Contents and the Manner of Preparing the Annual Public 
Procurement Plan  – pages 181 -183 
13. Rulebook on the Contents of Tender Documentation  – pages 184 -185 
14. Rulebook on Amending the Ru lebook on the Contents of Tender Documentation  – page 186  
15. Rulebook on the Form and the Contents of Contract Notices and Contract Award Notices  – 
pages 187 -189 
16. Rulebook on the Format and the Contents of the Contract Notice, the Notice on Cancelation 
of Cont ract award Procedure on the form of the Records of the Simplified Competitive Procedures  – 
pages 190 -191 
17. Tariff Book on Fees for Using the Electronic System for Public Procurements  – 
pages  192-193 
18. Code of Ethics when Carrying out Public Procurement Procedu res – pages 194 -195 
19. Decree on Services Subject to Public Service Contracts  – pages 196 -197 GPA/ACC/MKD/1  
 
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  20. Decree on the Types of Construction Activities Subject to Public Works Contracts  – 
pages  198-201 
21. Decision on Determining Indicative List of Contracting Authorities  – pages 202 -205 
22. Decision on Modifications and Amendments to the Decision on Determining Indicative List of 
Contracting Authorities  – pages 206 -207 
23. Methodology for Expressing the Contract Award Criteria into Points  – pages 208 -209 
24. Rulebook on the Form and the Contents of Standard Tender Documentation and Standard 
Technical Specifications and the Manner of their Use by the Contacting Authorities  – 
pages  210-215 
25. Tariff Book on Fees for Submitted Request for Obtaining Consent and Rende red Expert 
Opinion  – pages 216 -219 GPA/ACC/MKD/1  
 
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  PP 31-219 - Offset (Pdf file attached)1 
                                                
1 In English only.