RESTRICTED  
  
GPA/ACC/MNE/1  
 
7 October 2013  
(13-5438)  Page: 1/15  
Committee on Government Procurement  Original: English  
 
CHECKLIST OF ISSUES FOR PR OVISION OF INFORMATION  
RELATING TO ACCESSION TO THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
REPLIES BY MONTENEGRO 
The following communication, dated 4 October 2013, is been circulated at the request of the 
Delegation of Montenegro. 
 
_______________ 
  
1  LEGAL FRAMEWORK 
1.  Is there a single central law on procurement?  If so, please specify? 
Yes. Montenegro's Assembly adopted Law on public procurement at the end of July 2011, which 
entered into force eight day following the day of it's publishing in official Gazzette. It has been 
started with implementation from 1
st January 2012. 
 
2.  What are the other laws, regulations, de crees, administrative rulings, decisions, 
policy guidelines and other instruments gove rning government procurement?  Please 
provide a summary of the subject areas dealt wi th by each of these instruments.  Please 
also explain the main differences (if any) th at exist between their application at the 
central and sub-central levels of govern ment and at other types of entities. 
Among secondary legislation, there are six decrees: 
 
 Rulebook on the methodology of expressing sub-criteria in the corresponding number of 
points, method of evaluation and comparison of bids; 
 Regulation on the Forms in Public Procurement Procedure; 
 Rulebook on Manner of Keeping and Content of  Records on Violation of Anti-Corruption 
Rules; 
 Rulebook on the records of public procurement procedures; 
 Rulebook on program and manner of taking professional examination for performing the 
public procurement tasks; 
 Rulebook on electronic procurement. 
There is no difference between their application at the central and sub-central levels of 
government and at other types of entities. 
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  3.  To what extent will the provisions of the Agreement be applied directly or need to be 
transposed into the relevant law?  In the ev ent of direct application of the Agreement 
over conflicting provisions of domestic law,  please indicate the relevant legal basis. 
Article 9 of the Constitution of Montenegro provides that ratified and published international 
agreements and generally accepted rules of international law are an integral part of the internal 
legal order, shall have primacy over national le gislation and are applied when different from the 
national legislation. In accordance with the above there are no impediments to the direct 
application of the Agreement. 
 2  SCOPE AND COVERAGE 
4.  Please summarize the organization of the government in your country at each level. 
In accordance with article 2, paragraph 1, item  1 of the Law on Public Procurement, the Act 
applies to state bodies, bodies of local self-gov ernment, public services and other users of the 
budget of the Montenegro or the budget of the lo cal government and other public revenues. Please 
list all central government entities (ministries, departments, agencies, etc.) procuring goods, 
services and construction services.  
5.  Please list all central government instit utions (ministries, departments, agencies, 
etc..) that procure goods, serv ices and construction services. 
Secretariat - General of the Government  
Ministry of Finance 
The Ministry of Foreign Affairs and European integration 
Ministry of the Interior Ministry of Sustainable Development and Tourism 
Ministry of Defence 
Ministry of Justice Ministry of Science 
Ministry of Culture and Sport 
Ministry of Agriculture and Rural Development Ministry for Human and Minority Rights Ministry of Labour and Social Welfare 
Ministry of Economy 
Ministry of Education  Ministry of Transport and Maritime Affairs 
Ministry of Health 
Ministry for Information Society and Telecommunications  
Independent state agency: 
Public procurement administration of Montenegro Human Resources Management Authority Administration for Prevention of Money Laundering 
Agency for Protection of Competition  
Administration for Inspection Affairs Administration for youth and sport  
 
Secretary's office: 
Secretariat for Legislation 
Secretariat for Development Projects 
 Institutions: 
Statistical Office of Montenegro  
Hydro meteorological and Seismological Service of Montenegro 
Bureau for Education Services Intellectual Property Office of Montenegro 
Institution for metrology 
State chancery of Montenegro GPA/ACC/MNE/1 
 
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  Directions: 
National Security Authority 
 Agencies: 
Agency for protection of life environment 
 
MENTION : Regulation on the organization and functioning of public administration should be a 
special category of public administration bodies - bodies within the ministries that do not have 
legal personality and are not included in this list.  6.  Who are at the sub-central level of gove rnment (state, province, municipality, etc.). 
Supplying goods and services?  
According to the Constitution of Montenegro and the Law on Territorial Organization defines three 
forms of local government, namely: 
 
The capital Podgorica, comprising are the City Municipality Golubovci and Tuzi  Capital Cetinje  
Niksic Municipality  
Municipality of Bijelo Polje  Bar Municipality  Budva Municipality  
Berane Municipality 
Municipality of Kotor  Tivat Municipality  
Municipality of Herceg Novi  
Municipality of Ulcinj  Municipality Plav 
Municipality Pljevlja  
Municipality of Žabljak  Municipality Šavnik  Plužine Municipality  
Municipality of Rožaje  
Municipality Andrijevica Municipality Kolašin 
Municipality Mojkovac 
 7.  Which enterprises are owned or controlle d by the government that are subject to 
regulations on government procurement? What  are the other entities or categories of 
entities (types of entities listed in Anne x 3) owned or controlled by the government 
dealing with procurement. Specify. 
These are: 
 
i. business organizations and legal entities performing tasks of public interest: 
 in which the state or local government owns more than 50% of the shares or 
interest in a company or a legal entity;  
 where more than half the members of the management body of the company, or 
legal entity composed of representatives of state authority or local governments;  
 in more than half of the votes in the management of a company or legal person 
with representatives of the state bodies  or bodies of local self-government; 
 if the authority referred to in item 1 of this paragraph shall supervise the 
operation of that company or legal entity. 
ii. Companies, legal entities, entrepreneurs and individuals who are funded by more 
than 50% of the budget of Montenegro, local governments and other public income or assets of a company or legal enti ty referred to in Section 2 above; GPA/ACC/MNE/1 
 
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  iii. Companies, legal entities and entrepreneurs who do business in the field of water, 
energy, mining, telecommunications, postal services and transport in accordance with the provisions of Art. 108 to 113 of this Law.
 
8.  Do entities listed in response to questi ons 5, 6 and 7 apply in their procurement the 
main law (if one exists), other legislation pr ovided by the federal or central level of 
government or are they autonomous from federal or central government in their 
procurement rules and practice s?  Where any of these entities are not subject to the 
main procurement law, please list the enti ties concerned and indicate which laws, 
regulations, etc., they are subject to.  How will your government ensure the 
implementation of the Agreement by su ch entities below the central/federal 
government level? 
Yes. All of them are obliged to implement law and bylaw legislation. 
 9.  Are there any general exceptions from the scope of application of the national 
procurement rules, for instance for essentia l national defence or security reasons?  
Please provide details. 
Provisions of this Law shall not apply to: 
 
i. procurement procedures conducted in accordance with special international 
organization's procedure, on basis of an international agreement or treaty concluded with that international organization; 
ii. procurement procedures conducted in accordance with special rules on basis of an 
international agreement or treaty concluded between Montenegro and one or more countries for a project that shall be conducted or used jointly by contractual parties; 
iii. services provided by business organizations or legal entities performing activities of 
public interest, in accordance with the Law; 
iv. procurement aimed at protection and recovery from catastrophes and major 
disasters – state of emergency; 
v. confidential procurement, in accordance with the Law; 
vi. contracts for the procurement of weapons, ammunition and other supplies needed 
for the defence and security of Montenegro; 
vii. procurement aimed at the acquisition, development, production or co-production of 
program material, intended for radio or television broadcasting; 
viii. procurement of arbitration, amicable dispute resolution and notary services; 
ix. procurement of financial services in connection with the issue, sale, purchase or 
transfer of securities or other financial instruments, in particular transactions by the contracting authorities raise funds, capital and services of the Central Bank of 
Montenegro; 
x. procurement relating to the labour relations; 
xi. procurement of services related to employment; 
xii. procurement of election materials. 
This law shall not apply to the process of granting concessions and privatisation of economy, as 
well as the sale and renting of land, existing buildings or other real estate or the rights deriving from them. 
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  10.  Please provide available statistics on the procurement by government entities in 
your country in the last two years, includin g, to the extent available, a breakdown by 
entity and by categories of products and services. 
Public Procurement in accordance with statutory authority shall prepare an annual report on the 
conducted public procurement and awarded public procurement contracts in the previous year and 
submit them to the Government of Montenegro fo r approval no later than 31 May of this year. 
Requested statistics are displayed in the Reports for 2012 and 2011 and the same are available on 
the website of the Public Procurement http://www.ujn.gov.me . 
 
3  NATIONAL TREATMENT AND NON-DISCRIMINATION 
11.  Identify the specific provisions in the legislation that reflect the obligations of 
national treatment and non-discrimination un der Article III of the Treaty (IV: 1 revised 
text). 
Article 6 of the Law on Public Procurement are required to be customer to take the necessary 
measures to ensure competition among bidders, in accordance with the Act. 
 The contracting authority shall undertake any necessary actions to ensure fair competition among 
potential bidders, in accordance with the law. A contracting authority may not limit competition 
among the bidders; in particular, a contracting authority may not prevent any bidder from participating in public procurement by unjustified  use of the negotiated procedure or by using 
discriminatory requirements or criteria, or measures favouring individual bidders. 
 
12.  Please provide details of any provisio n of national law which domestic goods and 
domestic bidders recognize favorable treatmen t relative to foreign goods or providers, 
or where the goods or providers in a country  recognized favorable treatment compared 
to those of other countries. 
Montenegrin legislation does not provide preferenti al treatment to domestic suppliers over foreign 
bidders, which means that foreign bidders participate in public procurement procedures under the 
same conditions as domestic. Also, the law does not provide preferential treatment to goods and 
services.  
13.  Please provide details of any provisio n of national law which provides that the 
bidder in a country be treated no less favora bly than the other bidders who founded the 
country on the level of its relations with fo reign countries or foreign ownership or which 
discriminate against bidders established in the country based on the country where the 
goods are produced or services offered by the bidder. 
Bearing in mind the provisions of the Act relating to equal treatment and non-discrimination, there 
are no provisions that indicate favourable treatment of one bidder over another. 
 14.  Please indicate to what extent, if at a ll, the favourable treatment guaranteed one of 
the economic sectors, regions or specif ic categories of bidders or goods. 
In the domestic legislation does not contain such a provision. 
 15.  Please include provisions that requir e or permit the use of compensation or 
measures having an equivalent effect, such as  domestic content, lic ensing of technology, 
investment, countertrade or similar requirem ents to qualification and selection of 
bidders, products or services, or in the ev aluation of bids and award of contracts. 
Article 51 of the Law on Public Procurement provides: 
 "A contracting authority may not use or refer to technical characteristics or specifications, any particular trade mark, patent, type, nor specific origin or production, if such a designation could 
favour a certain bidder or might unjustifiably eliminate other bidders. Where the contracting 
authority is unable to give a description of the subject of the contract in the tender documents using characteristics or specifications which are suffi ciently intelligible to bidders, the indication of GPA/ACC/MNE/1 
 
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  elements such as trademarks, patents, type or  manufacturer must be accompanied by the words 
'or equivalent'."  4  ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
16.  Please give a general description of your  existing methods and procedures of public 
procurement, including the main procuremen t methods used and a brief description of 
each method, and the extent to which the us e bidder's qualifications and open, selective 
and limited competition at every level of government. 
Public procurement procedures for goods, services or works are as follows: 
 
 open procedure;  
 restricted procedure;  
 negotiated procedure with prior publication of a contract notice;  
 negotiated procedure without prior publication of a contract notice 
 framework agreement; 
 consulting services; 
 contest;  
 shopping method; 
 direct agreement. 
 The open public procurement procedure  is a procedure wherein all interested persons 
may submit bids according to requirements sp ecified in the contract notice for the open 
procedure and tender documents. 
 The restricted public procurement procedure  shall be conducted in two phases: 
 In the first phase a contracting authority recognizes applicants' qualifications on the 
basis of previously determined requirements in the invitation for pre-qualification. 
 In the second phase the contracting authority invites the qualified candidates to submit 
their bids. 
In case that at least three applicants are not qual ified in the first phase of the procedure, it shall 
be suspended.  The contracting authority shall make, within time limit specified in the invitation for pre-
qualification, a decision on the qualification of the candidates, with a rationale. 
 The contracting authority shall publish the decisi on referred to in paragraph 5 on the Public 
Procurement Portal and submit it to the applicants  within five days from the day of its adoption. 
 The bids may be submitted only by the qualified candidates in the second phase of the procedure 
referred to in paragraph 3 of this Article within the time limit determined in the request for 
submission of bids in accordance with tender documents.   The negotiated procedure with prior publication  of invitation to tender by negotiation 
may be conducted in the following cases: 
a. when in an open public procurement procedure or in the second phase of a restricted 
public procurement procedure no acceptable bids have been submitted, provided that GPA/ACC/MNE/1 
 
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  the originally defined subject of public procurement and the contents of tender 
documents have not been altered; 
b. when, due to the nature of goods, services or works or the risks relating to the specific 
public procurement, it is not possible to determine the estimated value of the public 
procurement; 
c. for the purposes of research, testing or development, without making of any profit or 
compensation of the expenses incurred. 
The contracting authority shall specify the subject and manner of negotiation in the invitation to 
tender by negotiation and tender documents.  In order to ensure the selection of the most favo rable bid, the contracting authority shall negotiate 
with the bidders about the submitted bids and draw up a record on the negotiating process. 
 During the negotiations, the contracting authority shall ensure an equal treatment of the bidders 
and is not allowed to disclose the data and information which would provide advantage to certain 
bidders.  
 The negotiated procedure without prior publication  of invitation to tender by 
negotiation may be conducted in the following cases: 
a. for public works contracts, public supply contracts and public service contracts: 
 when, in at least two open, or restricted public procurement procedures, no 
acceptable bids have been submitted, provided that the originally defined subject of 
public procurement the contents of tender documents have not been altered, in which case the contracting authority is obliged to include in negotiated procedure all 
the bidders who submitted their bids in the open or restricted procedure; 
 when, for technical or artistic reasons related to the subject-matter of a contract, or 
for reasons connected with the protection of exclusive rights, the contract may be 
awarded only to a particular bidder;  
 when, for reasons of extreme urgency with an aim of removal and prevention of 
danger brought about by unforeseen events , the removal of consequences of these 
unforeseen events, as well as due to other unforeseen events on which the 
contracting authority cannot or was not able to influence, the contracting authority is 
not able to comply with the time limits stipulated by this Law. 
b. for public supply contracts: 
 when the products involved are manufactured purely for the purpose of research, 
experimentation, study or development, provided that it is not a quantity (serial) production intended to make profits or to recover research and development costs; 
 for additional deliveries during performanc e of contractual obligations by the bidder 
to whom the contract has been already awarded in accordance with this Law, which are intended either as a partial replacement of normal products, materials or installations or as the extension of existing products, materials or installations where 
a change of supplier, or supplies would result in technical difficulties in operation and 
maintenance, provided that the total value of all additional deliveries may not exceed 15% of the total value of the contract originally concluded; 
 for the public procurement of goods offered and purchased on commodity 
exchanges; 
 for purchases of goods under particularly advantageous conditions from a supplier 
undergoing bankruptcy or liquidation process, in accordance with the law; GPA/ACC/MNE/1 
 
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  c. for public service contracts which are parts of  the follow-up to the service procured by a 
design contest, and the contract is concluded with the successful candidate or one of the successful candidates, provided that the contracting authority invites all successful candidates to participate in the negotiations; 
d. for public works contracts and public service contracts: 
 not included in the contract concluded after the public procurement procedure was 
conducted, but which, due to unforeseeable circumstances, have become necessary 
to the provision of the services or works described therein, when such additional 
works or services cannot be technically or economically separated from the original contract without major inconvenience to the contracting authorities, provided that the contract, whose aggregate value may not exceed 15% of the amount of the 
concluded contract, is concluded with the bidder whose contract is still in force; and 
 for works or services consisting in the repetition of similar services or works assigned 
to the original service provider or co ntractor, and when the possibility of 
procurement of these works or services in accordance with the subject-matter of the 
procurement for which the contract was concluded on basis of the conducted open or restricted procedure, is specified in the contract notice, provided that the aggregate 
value of the contract for additional serv ices or works may not exceed 15% of the 
amount of the awarded contract and that there have not passed three years since the basic contract was concluded. 
The contracting authority shall specify the subject and manner of negotiation in the invitation to 
tender by negotiation and tender documents. 
 In order to ensure the selection of the most favo rable bid, the contracting authority shall negotiate 
with the bidders about the submitted bids and draw up a record on the negotiating process. 
 During the negotiations, the contracting authority shall ensure an equal treatment of the bidders 
and is not allowed to disclose the data and information which would provide advantage to certain 
bidders.  The form of the records referred to in Article 24 paragraph 3 and in paragraph 3 of this Law and 
paragraph 3 of this Article shall be determined by the Ministry. 
  The framework agreement  may be concluded after completing open or restricted public 
procurement procedure.The contracting authority shall be entitled during the whole 
contracted period to conclude individual contracts, with respect to each of the conditions determined by the framework agreement.The fr amework agreement may be concluded if at 
least one of the following conditions is met: 
a. when the subject-matter of the contract are daily services or consumer goods; 
b. when the subject-matter of the contract ar e goods or services where the price and 
delivery terms are frequently altered; 
c. when the subject-matter of the contract are regular repairs or maintenance works; 
d. when, by awarding several equal contracts, the procurement costs are reduced. 
Once a framework agreement has been conclude d, its provisions may not be altered. The 
framework agreement may be concluded for a period up to 4 years. The contracting authority shall 
select the most favourable bid on basis of te rms and criteria laid down in the framework 
agreement. Contracts based upon a framework agreement concluded with several bidders, of 
which there must be at least three in number, may be awarded either: 
 
a. without public competition, by application of the terms laid down in the framework 
agreement, or GPA/ACC/MNE/1 
 
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  b. by public competition where not all the terms are laid down in the framework 
agreement, or, if necessary, by formulatin g the terms more precisely, and other terms 
referred to in the specifications of the framework agreement, in accordance with the following procedure: 
 for every contract to be awarded, contracting authorities shall address in writing 
the bidder with a request for submission of bids; 
 contracting authorities shall fix a time limit for submission of bids, taking into 
account factors such as the complexity of the subject-matter of the contract and 
the time needed to send in the bids; 
 bids shall be submitted in writing; 
 contracting authorities shall make a decision on selection of the most favourable 
bid and conclude a contract with the bidde r on the basis of the award criteria set 
out in the specifications of the framework agreement. 
 Direct agreement  represents an immediate arrangement between a contracting authority 
and a bidder regarding the terms of a public procurement. The total annual value of public 
procurement of a contracting authority conducted by direct agreement may not exceed: 
 10% of its total annual executed public procurement budget in the previous year, 
provided that the budget of that contract ing authority does not exceed EUR 200,000; 
 9% of its total annual executed public procurement budget in the previous year, 
provided that the budget of that contracting authority amounts from EUR 200,000 to EUR 500,000; 
 8% of its total annual executed public procurement budget in the previous year, 
provided that the budget of that contracting authority amounts from EUR 500,000 to 800,000; 
 7% of its total annual executed public procurement budget in the previous year, 
provided that the budget of that cont racting authority exceeds EUR 800,000. 
A direct agreement shall be concluded by the head, or the responsible person of the contracting 
authority. 
 17.  Identify provisions in the legislat ion of your country that requires non-
discrimination in terms of qua lifications of the bidder in term s of Article VIII (IX revised 
text), and selection of bidders in terms of Ar ticle X (IX revised text ). Specify exceptions 
to this requirement. What are the provisions  to ensure non-discriminatory access to new 
bidders to the existing list of qualifications? 
In addition to Article 6 of the Law on Public Pr ocurement, which refers to the obligation of the 
contracting authority to take the necessary measures to ensure competition among the bidders, the ban contracting authority to prevent any bidd er from participating in public procurement 
unjustified use of the negotiated procedure, or using discriminatory conditions and criteria or 
measures that would favor one bidder, no further provisions relating to non-discrimination in the qualification and selection of bidders the same.  
18.  In situations where you can use the skills  and processes of sele ctive tendering, the 
extent to which subjects allow bidders to ac quire a qualification during the procurement 
process? The degree to which subjects have ongoing list of bidders? 
Purchaser has the right to determine qualification criteria and selection of bidders in the so-called. 
the preliminary stage, and for the same to make the selection of qualified bidders. Law not require customer to maintain a permanent list, but it is a matter of good practice. 
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  19.  What are the terms and conditions envisa ged in your legislation allowing the use of 
limited tendering procedure under Article XV (XIII revised the text)? What measures 
are in place to ensure that this method is  not used with a view to avoiding maximum 
possible competition or in a manner which wo uld constitute a means of discriminating 
against foreign goods/tenderer in favor of domestic goods/bidders? 
Law does not explicitly prescribe the conditions and circumstances under which it is possible to 
implement a restricted procedure, but is left to  the contracting authority that depending on the 
subject of public procurement to pursue an this  type of procedure. Given that the contracting 
authority must in every procurement procedure to provide the highest level of competition, the 
contracting authority may use limited procedure so as to avoid this . 
 
20.  Article XIV of the Agreement (XII re vised text) to negotiate under certain 
conditions. Is entities allowed to negotiat e? If so, what categories and under what 
conditions prescribed? 
Articles 24 and 25 of the Public Procurement Law ex plicitly prescribe the conditions under which it 
is possible to implement the negotiated proc edure and the negotiated procedure without 
publication of a contract notice, and they are listed in the answer to question 16. 
 21.  Article XI (XI revised text) on the mi nimum time limits for tendering and delivery. 
What are the rules and practices relating to th e time limits in your legislation? Does the 
legislation reflects the different minimum ti me limits as set out in the Agreement? If 
doesn’t give information about all the differen t timelines that have been established in 
your national legislation. 
Article 90 of the Law on Public Procurement provid es that the deadline for submission of bids in 
the process can not be less than 37 days from the date of publication of the invitation to tender 
portal of public procurement, where the custom er can set a deadline of shorter duration when 
reasons of emergency procurement require, but not less than 22 days from the date of publication 
of the invitation to tender.  
The restricted public Procurements, the deadline for submission of applications for pre-qualification 
shall not be less than 37 days from the date of the invitation for prequalification published on the website, while in the second phase of restricted period shall not be less than 22 days from receipt 
of the invitation to tender qualified applicants. 
 In negotiated procedures without prior publication of a contract notice, except in cases of extreme 
urgency deadline for submission of bids shall not be less than 22 days from the date of the 
invitation to tender was published on negotiation procurement, invitation to tender or to negotiate submitted bidders.  
The deadline for submission of bids by shopping at  least 12 days from the date of publication of 
the request for proposals on public procurement portal.  
22.  Briefly describe the procedures for the submission, receipt and opening of bids and 
award of contracts, particularly the proc edures and conditions guaranteeing the 
regularity and consistency of the opening of the provisions of the Agreement relating to 
non-discrimination. On the way agents deal with information related to the procedures 
relating to the receipt, opening and evaluation of bids? 
The contracting authority shall, within the bids received in each envelope or wrapper indicate the 
date and time of receipt of bids, offers recorded  in order of receipt and issue a certificate of 
acceptance of offer. Employer conducts a public bid opening at least an hour after the deadline for 
submission of bids, with the opening of bids may be attended by the authorized representatives of 
the bidders with the attached power of attorney signed by the authorized person. 
 
A bid opening committee for the opening and evaluation  of bids shall keep a record with the exact 
data to be signed by the members of the Commission for openin g and evaluation of 
bids/Procurement Officer and representatives of the bidders. 
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  Review, evaluate safety and Evaluation is perfor med by the opening and evaluation of bids in 
closed session. Bids shall be evaluated by checking whether the contents of the bid in accordance with the conditions set by the tender notice, invita tion to tender and tender documents. Offers that 
are rated as non-deductible. 
After the validity of tenders, the contracting appr oach to the evaluation of bids, each member of 
the committee for the opening and evaluation of bi ds shall separate evaluation of valid tenders 
based on the criteria and sub-criteria stipulated by the tender notice, invitation to tender and 
tender documents. 
 On the basis of the evaluation, the Commission shall determine the average number of points 
awarded for the bids and determines the ranking in descending order. 
 
Commission for opening and evaluation of bids shall maintain a record of the examination, assessment and evaluation of tenders, which contains in particular. 
 
Authority concludes a public contract to the bidder whose tender is selected as the best.  
The public procurement contract shall be in accordance with the conditions set forth in the 
invitation to tender, invitation to tender, tender documents and choose the best offer. The public procurement contract may not be concluded before the expiry of the appeal period of rest, and a decision on appeal unless otherwise specified. The bi dder is obliged to sign public contract within 8 
days of receipt of the same, and so signed sha ll be published in the public procurement portal. 
 23.  Please identify the provisions in yo ur legislation regulating parameters for 
prescribing the technical specifications of the entities as part of the criteria for 
evaluation. 
Article 49 of the Law on Public Procurement pr escribed elements of the tender documents, 
including the technical specifications, the basis of which the evaluation of bids. Also, Sections 50, 
51 and 52 of the prescribed details in relation to the manner of preparation of technical specifications, the use of and content of the same.  
24.  Identify measures in national legislat ion to ensure that the award of contracts 
carried out in accordance with the criteria  for evaluation and essential requirements 
specified in the tender documents. 
Contracting authority concludes a public contract with the bidder whose bid has been selected as 
the most favourable one.  
Public procurement contract must be in accordance with the conditions stated in the contract 
notice, invitation to public tender, tender documents and decision on selection of the most favourable bid.  
The price determined in a public procurement co ntract may not exceed the price determined by 
the decision on selection of the most favourable bid.  
The public procurement contract shall not be conc luded before the expiry of the time limit for 
receiving objections (a standstill period), and adoption of a decision on the filed complaint, unless provided otherwise by this Law. 
 
A bidder referred to in paragraph 1 of this Article shall sign a public procurement contract no later 
than eight days from the date of receipt of the contract, and return the signed contract to the contracting authority within the same period with a guarantee regarding a good contract 
performance. 
 In case that a bidder referred to in paragraph 1 of this Article does not sign the contract and does 
not submit a guarantee regarding a good contract performance, the contracting authority may 
conclude a contract with the next bidder in ranking, provided that the difference in price does not exceed 10% compared to the previously selected bid or annul the public procurement procedure. 
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  A contracting authority shall submit the concluded public procurement contract to the competent 
state authority, within three days from the date of conclusion, for the purpose of its publication on the Public Procurement Portal.  
5  INFORMATION 
25.  Article XIX:1 of the Treaty (VI revise d text) provides for publication of laws, 
regulations, court decisions, administrati ve decisions of general application and 
procedures related to government procurem ent. Please list the names of relevant 
publications and media used for this purpos e. Please also provide, where available, 
Internet address of the website where you ca n find legislation in questions 1 and 2. 
All the rules and information on public procurement are available on the website of the Public 
Procurement www.ujn.gov.me and the State Commi ssion for Supervision of Public Procurement 
http://www.kontrola-nabavki.me . 
 
26.  Article IX: 1 of the Agreement (VII: 1 re vised text) provides for the publication of 
the call for participation for all purchases they intend to implement agents. Please 
indicate the name of the relevant publicatio ns and state media which are used for this 
purpose. Please also provide, where availabl e, Internet address of the website which 
publishes such calls. 
All notices of procurement for which a legal obligation of publication, are available on the website 
of the Public Procurement http://www.ujn.gov.me . 
 
27.  Please specify the type of information th at your legislation required to be included 
in the invitation to tender or in the tend er documentation and identify the relevant 
provisions of your legislation. 
Rules on Forms (Official Gazette 62/11) are included in the forms of notices to be used in public 
procurement and which contain relevant information in accordance with the Act. 
 
The elements of the tender documents, within which there is a call for tender/call for competition are regulated by Article 49 of the Act.  
Please note that the entire sub-regulations is av ailable on the website of  the Public Procurement 
http://www.ujn.gov.me . 
 
28.  Article IX: 1 of the Agreement (September 7 revised text) provide for the 
publication of the permanent list of qualified bidders by entities conducting such a list. 
Please list the names of relevant publicatio ns and state funds used for this purpose. 
Please also provide, where available, Intern et address of the website which publishes 
such a list. 
Law not require the contracting authority to publis h a permanent list of qualified bidders, but the 
portal of public procurement is available list whic h is updated daily, by registering on the website. 
 
29.  Article XVIII of the Agreement 1 (XVI:2 of the revised text) provides for publication 
of details of the notification of award by th e subjects. Please list the names of relevant 
publications and state funds used for this pu rpose. Please also provid e, where available, 
Internet address of the website wh ich publishes such information. 
In accordance with Article 107 of the Law on Publ ic Procurement, the procuring entity shall be 
concluded public contract submitted to the Public Procurement within 3 days of closing, for 
publication on the portal Administration.  The public procurement contract is an integral pa rt of the tender documentation and the task for 
the opening and evaluation of bids ordering the preparation of a draft agreement in the 
preparation of tender documents.  GPA/ACC/MNE/1 
 
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  30.  Please specify the type of information to be contained in the notice of award in your 
country and identify the relevant provisions in your legislation. 
The law on public procurement are not important regulatory and minor elements of the Public 
Procurement of goods, services or works cont ract but the models contained in the tender 
documents and the same can be adjusted to th e circumstances of the procurement procedure. 
 31.  Please indicate the relevant provisions in  your legislation that allows, as provided in 
Article XVIII:2 (XVI:1 of the revised text), providing information to other stakeholders 
and the unsuccessful bidders about the reasons why certain bid was not selected as the best. 
In the review, assessment and evaluation of bids , the Commission for opening and evaluation of 
bids shall maintain a record that contains, among other things, the reasons for refusal and 
rejection of the offer, reasoning on the best bid and the reasons for its decision on the annulment of the Public. Consequently, the decision on awardi ng the tender must be explained, as required 
by Article 106 of the Act which provides: 
 A contracting authority shall pass a decision on selection of the most favourable bid within the 
time limit stipulated in the contract notice, invitation to public tender and tender documents. 
 The decision on selection of the most favourable tender shall be passed by the head, or a responsible person of the contracting authority, on proposal of the Commission for the opening 
and evaluation of bids. 
 The decision on selection of the most favourable bid must have a rationale. 
 
Contracting authority shall submit the decision fr om paragraph 1 above to all bidders within three 
days as of the day of making the decision and publish it on the Public Procurement Portal. 
 
The decision on selection of the most favourable  bid made without previously conducted public 
procurement procedure, since the contracting authority had the obligation to conduct the procedure pursuant to this Law, shall be declared null and void. 
 
The form of the decision on selection of the mo st favourable bid shall be determined by the 
Ministry. 
 
6  BID CHALLENGE PROCEDURES 
32.  Please provide information on existing review procedures. 
The Public Procurement Law provides for the prot ection of the rights of participants in the 
procurement process and the public interest prov ided in all phases of the public procurement 
procedure and under the conditions prescribed in this Act, where any such action provisions of the Law on Administrative Procedure, unless otherwise. 
 
Rights protection procedure conducted before th e State Commission for Supervision of Public 
Procurement Procedure for and it is powered by an  appeal, the Act also prescribes the subject of 
the appeal, the details in relation to the manner of delivery of the same, the period within which 
the appeal may be filed and the payment of comp ensation for conducting the appeal proceedings 
by the complainant. Furthermore, the Act govern s the issue of standing to appeal, the legal 
consequences of filing a complaint, the contents of the complaint, the treatment of irregular 
appeals, proceedings submitted by customer co mplaints, customer authorization regarding the 
filing of appeal and the time limits for making a decision on the appeal. 
 
33.  Are there specific provisions to foreign bidders to approach appeals? 
Given the equality of domestic and foreign bidde rs, each bidder and each person who proves a 
legal interest in the procurement process may initiate proceedings to protect their rights in the 
procurement process. A detailed answer to the qu estion given in the answer to question 34. 
 GPA/ACC/MNE/1 
 
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  34.  To the extent that this information does not provide complete answers to the 
following questions, please provide addi tional information as may be necessary: 
i. The time limit for initiating appeal contained in the agreement "is not less 
than 10 days" from the time when the basis for the complaint is known or 
should be known in accordance with th e logic. What are the time limits in 
your national legislation? 
Article 122, paragraph 4 of the Law on Public Procurement provides that the appeal 
is filed within 10 days from the date of publication of the invitation to tender or 
delivery of the invitation to tender, purchase or download or rejection clarification of tender documents, bid opening, receiving th e decision, the decision and decisions of 
the bidder or interested party acts or omissions of the contracting authority, violating 
the rights of bidders or interested party in the procurement process. 
 
ii. Which authority is responsible for the review of complaints procedures? Is 
that a "court" or "impartial and inde pendent review body"? If it is the 
latter: 
 How are its members?  
 Whether its decisions are subject to judicial review? 
 If not, how will you take into account the requirements of paragraph 6 of 
Article XX (XVIII revised text)? 
The Law on Public Procurement (Official Gazette 42/11) State Commission for 
Supervision of Public Procurement as an independent legal entity. The Commission 
has a president and 4 members who perform duties professionally, appointed by the Government of Montenegro on the basis of open competition for a period of 5 years. 
 
Decision of the State Commission shall be final, but otherwise the same may initiate administrative dispute before the Administrative Court of Montenegro. 
 
iii. What is the applicable law to the review body to review complaints? 
The State Commission for Supervision of Public Procurement in the protection of 
applicable provisions of the Administrative Procedure, unless the Public Procurement 
Law provides otherwise. 
 
iv. What are the rapid interim measures pr ovided to correct a violation of the 
Agreement and to preserve commercial opportunities? 
 Does the measure include the ability to suspend the procurement 
procedure? Under what conditions? 
Pursuant to Section 124 of the Act, filed a timely appeal stops all activity on client in 
the procurement process until the decision on  appeal. The same article provides that, 
exceptionally, the State Commission may approve the continuation of a procurement procedure if the client request for adjournment Purchaser significant damage has 
occurred, which is disproportionate to the value of public procurement or to 
endanger the interest of Montenegro, as well as in cases of extreme emergency.  
 
v. How review procedures provide for the correction of the agreement? What 
kind of compensation for the loss or damage suffered may order the authority to review complaints? 
The Public Procurement Law is not a matter of realizing regulated compensation, but 
it has achieved compliance with the Law on Obligations (Official Gazette 47/2008). 
 GPA/ACC/MNE/1 
 
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  vi. Provide all information available in time for the phases of the review of the 
appeal, including the stage of making temporary measures as well as the 
final decision. 
In accordance with section 131 of the Act, the State Commission for Supervision of 
Public Procurement shall adopt a decision on the appeal within 15 days of receipt of 
files and complete documentation on the procurement procedure, in which see term may be extended up to 10 days in the case of the Procurement of expert witnesses, 
obtaining the opinion of the competent authorities and the extension of documents in 
the procurement process, which can inform the complainant and the Purchaser. 
 
vii. What are the normal costs of conducting  such a review complaints? Does it 
provide opportunities to implement these procedures free? 
The appeal process launched by protecting the rights of the applicant enclosed proof 
of payment in the amount of 1% of the estimated value of the contract, provided 
that the fee does not exceed EUR 8,000. 
 Remark: In the case of public contracts in which the amount of compensation to 
name filed appeal than 1% of the estimated contract value exceeds EUR 8,000, it is 
limited to EUR 8,000. 
 7  OTHER MATTERS 
35.  The extent to which information technolo gies are used in the process of government 
procurement? Is the information concerning th e invitation to tender and / or contract 
award notices published electronically? Please  specify the address of such electronic 
publications. 
The Public Procurement Law provides for the possibi lity of conducting procurement electronically. 
Article 114 of the Law requires the client to provide: 
 
 communication, exchange and storage of information in a manner that ensures 
protection of data and the confidentiality of tenders; 
 content protection offer before the expiry of the bid opening; 
 information relating to specific requirement for electronic submission are available to all 
tenderers and candidates. 
 As already mentioned, all communications in public procurement are published 
electronically and are available on th e website of the Public Procurement 
http://www.ujn.gov.me . 
36.  Is your country a contact person/institu tion for providing responses to queries of 
bidders, other governments and the general pub lic on laws, regulations, and procedures 
and practices related to government procur ement at the central and/or sub-central 
level? Please specify the address. 
The Public Procurement Act within the prescribed authority providing advice to contracting 
authorities. Purchaser by the tender notice/invitat ion to tender determines the contact person for 
the provision of all relevant information in the procurement process.  
Public Procurement Administration of Montenegro 
Jovana Tomaševi ća 2  
81000 Podgorica 
Montenegro 
  
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