RESTRICTED  
  
GPA/ACC/MKD/3  
 
27 July 2017  
(17-4118) Page: 1/12 
Committee on Government Procurement  Original: English  
 
 
ACCESSION OF THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA TO THE AGR EEMENT 
ON GOVERNMENT PROCUR EMENT  
COMMUNICATION FROM T HE FORMER YUGOSLAV REPU BLIC OF MACEDONIA  
The following communication, dated 26 July 2017, is being circulated at the r equest of the 
Delegation of the former Yugoslav Republic of Macedonia . 
 
 
_______________  
ANSWERS TO THE QUEST IONS AND COMMENTS FR OM THE UNITED STATES 
(GPA/ACC/MKD/2)  REGARDING THE REPUBL IC OF MACEDONIA 'S  
CONSOLIDATED TEXT OF  THE LAW ON PUBLIC PR OCUREMENT AND 
REPLIES TO THE CHECK LIST OF ISSUES  (GPA/ACC/MKD/1)  
1  QUESTIONS ON THE CHE CKLIST OF ISSUES  
1.1  Legal Framework  
1.1.  In its response to question 1.3., the former Yugoslav Republic of Macedonia notes 
that provisions of the GPA will be "transposed" into the Law on Pu blic Procurement. Will 
this be done through legislative action to amend the law? Does the former Yugoslav 
Republic of Macedonia intend to make any other amendments to the Law on Public 
Procurement?  
Those provisions of the Law on Public Procurement that are  not currently in line with the GPA 
provisions, if any, will be amended so that to bring the national law in compliance with GPA 
through legislative action. Regarding the second part of the question, the Republic of Macedonia 
plans to draft new public proc urement law in the coming period, which will be based on the new 
EU 2014 Procurement Directives and will be in line with GPA requirements.  
 
1.2  Scope and Coverage  
1.2.  In its response to question 2.2., the former Yugoslav Republic of Macedonia notes 
that there are 3 Secretariats at the central government level (General Secretariat, 
Secretariat for European Affairs, Secretariat for Implementation of the Ohrid Framework 
Agreement). Can the former Yugoslav Republic of Macedonia explain how these are 
different structure s from Ministries and the purpose of these Secretariats?  
The Secretariat for European Affairs, the Secretariat for Implementation of the Ohrid Framework 
Agreement and the General Secretariat are dedicated services established pursuant to the Law on 
the Gov ernment of the Republic of Macedonia directly within the Government of the Republic of 
Macedonia. These secretariats are integral part of the Government of the Republic of Macedonia. 
Ministries are established pursuant to the Law on organization and operat ions of the state 
administrative bodies, for performing certain more general functions of the central government. 
The Ministries have much more general competencies of central government, unlike the 
Secretariats that are established as expert services by t he Government of the Republic of 
Macedonia. With respect to the competencies of the Secretariats, the General Secretariat provides 
general expert and logistical support to the Government of the Republic of Macedonia. The GPA/ACC/MKD/3  
 
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  Secretariat for European Affairs de als with, inter alia, coordination and harmonization of the 
operation of the state administrative bodies and other bodies and institutions for the purpose of 
preparation of the Republic of Macedonia for membership in the European Union, monitoring of the 
implementation of the Stabilization and Association Agreement concluded between the Republic of 
Macedonia and the European Communities and their m ember States, as well as the other 
agreements concluded between the Republic of Macedonia and the European Unio n etc. The 
Secretariat for Implementation of the Ohrid Framework Agreement, inter alia, performs activities 
related to the implementation of the Ohrid Framework Agreement and coordination of other central 
administrative bodies for activities related to the  implementation thereof. Upon request, the 
Republic of Macedonia is willing to provide more comprehensive list of competencies of the 
Secretariats.  
 
1.3.  In its response to question 2.3., the former Yugoslav Republic of Macedonia notes 
that municipal public ent erprises and municipal primary and secondary schools fall 
within the category of Annex 2 entities. Will a list of these entities be provided?  
The Republic of Macedonia stated in its reply to question 2.3 . of the Checklist of Issues that 
municipal public en terprises and primary and secondary schools fall within the category of Annex 2 
entities. The Republic of Macedonia does not intend to provide exhaustive list of such entities since 
these are numerous, mainly small contracting entities. Rather, the Republi c of Macedonia intends 
to provide a generic definition of these contracting entities when negotiating the coverage 
schedules, which seems more practical and consistent to the approa ch by many EU member 
States.  This approach is also in line with the indicat ive list of contracting authorities that is enacted 
pursuant to the Law on Public Procurement.  
 
1.4.  In its response to question 2.6., the former Yugoslav Republic of Macedonia notes 
that the Law on Public Procurement does not apply to awarding public services contracts 
which include "purchase or lease of land, buildings or other real estate and rights 
arising therefrom." The GPA generally does not cover real estate acquisition or rental, 
but are there other services that fit under the broad "public services" la bel which might 
not otherwise be excluded from GPA coverage?  
The Republic of Macedonia would like to clarify the response to question 2.6 . of the Checklist of 
Issues with regard to the question of the United States. The respective exemption from applicatio n 
in indent 3 of the response refers to public service contracts for the purchase or lease of land, 
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. Therefore, the wording 
"which include " should be replaced with the wording "for the ". 
 
1.5.  In its response to question 2.6., the former Yugoslav Republic of Macedonia notes 
that the Law on Public Procurement does not apply to "procurement of services related 
to purchase, development, production or co -production of program materials by radio or 
TV broadcasters ". Further, the Law on public procurement does not apply to notary 
services, representation by lawyers, and services rendered by enfor cement officers. Will 
the former Yugoslav Republic of Macedonia seek an exception for these services as part 
of its GPA market access schedule?  
The exemptions from application stated in the response to question 2.6 . of the Checklist of Issues 
are based on the corresponding exemptions from application in the EU Procurement Directives 
(some from 2004 and some from 2014). As stated in the answer to question 1.1 . above, the 
Republic of Macedonia plans to harmonize its pr ocurement law with the newest EU Procurement 
Directives (as provided by Stabilization and Association Agreement (SAA) with the EU), including 
the corresponding provisions regulating exceptions of application for service contracts. 
Consequently, the Republi c of Macedonia plans to seek an exception of these services in an 
equivalent manner as the exceptions of the EU.  
 GPA/ACC/MKD/3  
 
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  1.3  Non-Discrimination  
1.6.  In its response to question 3.2., the former Yugoslav Republic of Macedonia notes 
the existence of a procurement preference  in utilities contracts. Will this preference 
apply to all GPA Parties when the former Yugoslav Republic of Macedonia completes 
accession?  
Economic operators from other GPA Parties would be treated in equal manner as domestic 
economic operators once the Re public of Macedonia completes GPA accession with respect to the 
procurement preference in the utilities sector mentioned in the reply to question 3.2 . in the 
Checklist of Issues for procurements covered by the GPA.  
 
1.4  Avoidance of Conflicts of Interest and P revention of Corrupt Practices  
1.7.  In its response to question 4.1., the former Yugoslav Republic of Macedonia notes 
that there are actions that are taken "in case of suspicion of conflicts of interest." How 
are conflicts of interests identified? Are responsib le authorities required to fill out 
disclosure/reporting forms on their assets and personal business dealings, for instance, 
to identify potential conflicts of interest such as may exist with interested suppliers?  
As stated in the reply to question 4.1 . of the Checklist of Issues, the Chairperson, the Deputy 
Chairperson, the members and their deputies in the public procurement commission, as well as the 
responsible person of the contracting authority, sign a statement on non -existence of conflict of 
interes ts, 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, befo re that, the contents of the tenders is 
confidential and it is not known which tenderer participates with which tender.  Following the 
tender opening, commission members should sign statements on existence or non -existence of 
conflict of interests, thus con firming that they are in no conflict of interest with anybody of the 
tenderers 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 s igning 
the decision on selection of the most advantageous tender, since at that moment it is known which 
tenderer will be selected as contractor. The responsible persons are obliged to fill out disclosure 
form on their assets at the moment they take office . This form is published on the website of the 
State Commission for Prevention of Corruption. Public servants fill out similar forms that are 
sealed and stay with the contracting authority. This is regulated by the Law on Prevention of 
Corruption and the L aw on Prevention of Conflict of Interest. Here are the relevant provisions from 
the Law on Prevention of Corruption:  
 
Article 33  
 
(1) An elected or appointed person, responsible person in a public enterprise, public 
institution or other legal entity dispos ing of state capital, upon election or 
appointment and within a period of 30 days from the day of election or 
appointment the latest, shall fill in an asset declaration containing detailed 
description of the immovable property, movable property of higher v alue, 
securities, and claims and debts, as well as other property in his/her ownership 
or in ownership of members of his/her family, stating the grounds the reported 
assets have been acquired on, and shall deposit a statement, certified by a 
notary, renoun cing the protection of banking secrecy with regard to all domestic 
and foreign bank accounts.  
Article 33 -a 
 
(1) An official shall fill in the asset declaration at employment in state bodies, 
municipality administration and administration of the City of Sko pje within a 
period of 30 days from the day of employment giving a detailed description of 
the immovable property, movable property of higher value, securities, claims 
and debts, as well as other property in his/her ownership or in ownership of a 
member of  his/her family, stating the grounds the reported assets have been 
acquired on.  GPA/ACC/MKD/3  
 
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  Here are the relevant provisions from Law on Prevention of Conflicts of Interest:  
 
Article 20 -а 
 
The President of the Republic of Macedonia, the members of parliament, the mayo rs, 
the ambassadors and the other persons appointed by the Republic of Macedonia 
abroad, the persons elected or appointed to or by the Parliament of the Republic of 
Macedonia and the Government of the Republic of Macedonia, the state administration 
authori ties and other state authorities, the judicial authorities, the public enterprises, 
institutions and other authorities of the central government and the local authorities 
specified by law, when assuming the performance of public authorizations and duties, 
shall be obligated, within 30 days, to submit a statement referring to the existence or 
non-existence of a conflict of interest to the State Commission.  
Article 20 -b 
 
The civil servants and employees in the state administration authorities and other 
state authorities, the judicial authorities, the public enterprises, institution, other legal 
entities of the central and local governments specified by law, as well as persons 
employed through agencies for temporary employment with authorization, shall be 
obligated, within 30 days, to submit a statement referring to the existence or non -
existence of conflicts of interest, to the authorities where they perform their duties, 
i.e. where they are employed.  
1.8.  In its response to question 4.1., can the former Yugoslav Re public of Macedonia 
provide further information on the answer that it has provided, including specific 
citations of laws or regulations that detail the actions taken in the case of a conflict of 
interest?  
Here are the provisions on prevention of conflict o f interest in the Law on Public Procurement:  
 
Article 62  
 
(1) The provisions of the Law on Prevention of Conflict of Interest shall accordingly 
apply to the contract award procedures for the purpose of preventing a conflict 
of interest.  
(2) In the contra ct award procedure, the Chairperson, Deputy Chairperson, 
members and deputy members of the public procurement commission, as well 
as the responsible person shall sign a statement for non -existence of conflict of 
interest that shall be a part of the dossier  for the implemented procedure.  
(3) In case of conflict of interest with the Chairperson, the Deputy, the members 
and their deputies in the public procurement commission, they shall withdraw 
from the work in the commission and shall be substituted by othe r persons.  
(4) In case of conflict of interest with the responsible person, he/she shall 
authorise, by a special decision, another person from among the officials or 
employees at the contracting authority to adopt the appropriate decisions and 
to sign the  contract.  
Article 63  
 
When executing the public contract, the contractor shall not hire persons involved in 
the evaluation of tenders submitted in the respective contract award procedure, in the 
duration of the contract. If such case occurs, the public co ntract shall be considered 
null and void.  
Upon request, the Republic of Macedonia is willing to provide the full text of the Law 
on Prevention of Conflict of Interest, which contains provisions that are relevant for 
the public procurement procedure.  GPA/ACC/MKD/3  
 
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  1.9.  In its  response to question 4.1., the former Yugoslav Republic of Macedonia notes 
some actions that procurement officers shall avoid or should take. In the case of officers 
not being allowed to ask for or accept gifts or other benefits, is this action against a 
specific law? In the case of officers reporting such cases - including attempted bribes are 
officers required to provide a report, or is it not a full requirement?  
The issue of gifts is regulated by the Law on Prevention of Conflict of Interest. Here are th e 
relevant provisions:  
 
Article 15  
 
An official person shall not receive any gifts while performing public authorizations or 
duties, with the exception specified by the Law on Usage and Management of Assets 
Used and Managed by Government Bodies.  
Article 16  
 
An Official Person who, in transgression of the provisions of this Law, has been offered 
a gift or any other benefit related to the discharge of official duty, is obligated to 
reject such an offer, to determine the identity of the offering party, and if it is a gift 
that cannot be returned, the Official Person is obligated without delay to report it to 
the competent authority, to indicate the witnesses and other evidence, and within 48 
hours at the latest, to submit a written report to the State Commissio n for Prevention 
of Corruption.  
Furthermore, the Law on Usage and Management of Assets Used and Managed by Government 
Bodies in Article 56 provides for the Government to regulate in more detail, inter alia, the criteria, 
the manner of giving, receiving and  reporting gifts, the manner of estimating the value of gifts etc. 
Upon request, the Republic of Macedonia is willing to provide the full text of the before -mentioned 
regulation adopted by the Government of the Republic of Macedonia.  
 
1.5  Elements Specific to Procurement Procedures  
1.10.   In its response to question 5.1., the former Yugoslav Republic of Macedonia notes 
that negotiated procedure with prior publication of a contract notice is applied by the 
"classical sector." This term appears throughout the checklist,  but is not defined. What 
is meant by the term "classical sector"?  
The term "classical sector " means contracting authorities (both central and sub -central) from the 
classical public sector, including bodies governed by public law. These are covered by Arti cle 4 
items a), b) and c) in the Law on Public Procurement.  
 
1.11.   In its response to question 5.1., the former Yugoslav Republic of Macedonia 
outlines the procedures in a "competitive dialogue." Are there any other differences 
between this and a negotiated proc edure with prior publication, aside from the adoption 
of a third stage of tendering? Is the second phase of the "competitive dialogue" used to 
develop either award criteria or technical specifications that will be used in the third 
phase?  
The competitive d ialogue procedure and the negotiated procedure with prior publication of a 
contract notice are regulated consistently with the corresponding procedures stipulated by the 
Directive 2004/18/EC. The second stage of the competitive dialogue is used to identify  the solution 
that corresponds to the needs of the contracting authority based on which the candidates submit 
their tender in the third stage.  
 GPA/ACC/MKD/3  
 
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  1.12.   In its response to question 5.2., the former Yugoslav Republic of Macedonia notes 
that Article 144 of the Law on  Public Procurement details selection criteria as regards 
the tenderers. Are there any provisions in law in Macedonia that deals with qualification 
(or registration systems) or multi -use lists as outlined in Article IX of the GPA? Article 
198-c and 198 -d of the Law on Public Procurement seem to relate to qualification or 
registration lists for utilities. Can these lists, or other lists, be used for  any other type of 
procurement?  
The Law on Public Procurement provides for the possibility of establishing qual ification systems 
only by utilities. This cannot be used in the classical public sector. The Republic of Macedonia 
believes the provisions pertaining to the establishment of qualifications systems are in line with the 
corresponding provisions of Article IX  of the GPA. There are no other forms of qualification (or 
registration) system that are used in the public procurement system in the Republic of Macedonia.  
 
1.13.   In its response to 5.3., the former Yugoslav Republic of Macedonia notes that 
competitive dialogue  and negotiated procedure without publication of a contract notice 
can only be used with certain pre -conditions, and that such pre -conditions are in line 
with EU rules. Please provide a list of all the pre -conditions? Are all pre -condition s in 
line with GP A obligations?  
Competitive dialogue procedure can be used only by contracting authorities from the classical 
public sector. The conditions for the use of this procedure are in line with the corresponding 
conditions prescribed by Directive 2004/18/EC and th ey are prescribed in Articles 77 and 78 of the 
Law on Public Procurement, which read as follows:  
 
Article 77  
 
The contracting authority may conduct the competitive dialogue procedure when 
awarding a public contract if:  
- the respective public contract is considered to be particularly complex; and  
- the use of an open or restricted procedure would not allow the award of the 
public contract.  
Article 78  
 
A public contract shall be considered as 'particularly complex ', within the meaning of 
Article 77 paragra ph (1) indent 1 of this Law, where the contracting authority is 
objectively not able to:  
- define the technical specifications and technical means that can satisfy its 
needs; or  
- specify the legal or financial framework for executing the contract.  
The c onditions for the use of negotiated procedure without publication of a contract notice are 
based on the corresponding conditions prescribed by Directive 2004/18/EC and Directive 
2004/17/EC, although the national law is more restrictive than the EU law in t his respect. The 
conditions for the use of the negotiated procedure without publication of a contract notice for the 
classical public sector are prescribed in Article 99 of the Law on public Procurement, which reads:  
 
Article 99  
 
(1) The contracting authority may conduct a negotiated procedure without prior 
publication of a contract notice in the following cases:  
1) for public supply contracts, public service contracts and public works 
contracts:  GPA/ACC/MKD/3  
 
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  - where no tenders have been submitte d in response to two 
previously conducted open procedures or simplified competitive 
procedures, or where no requests to participate have been 
submitted in the first phase of two previously conducted restricted 
procedures, provided that the conditions of th e tender 
documentation are not altered;  
- when due to technical or artistic reasons, or for reasons related to 
the protection of exclusive rights (patents and alike), the contract 
may be executed only by a particular economic operator; and  
- for reasons of  extreme urgency brought about by events 
unforeseeable by the contracting authority, nor attributable to it as 
an omission, as a result of which the time limit for publication of 
the open procedure, restricted procedure, simplified competitive 
procedure or  negotiated procedure with prior publication of a 
contract notice cannot be complied with;  
2) for public supply contracts:  
- manufactured purely for the purpose of research, experimentation, 
study or development, but not for quantity production to establi sh 
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 partial replacement 
of normal supplies or installations or as the e xtension of existing 
supplies or installations, where the change of the tenderer would 
oblige the contracting authority to acquire material having different 
technical characteristics which would result in incompatibility or 
disproportionate technical diffi culties in operation and maintenance. 
The length of the additional procurement shall not exceed three 
years as of the date of concluding the original contract, and their 
value cannot exceed 30% of the amount of the original contract; 
and  
- which are purch ased under particularly advantageous terms, from a 
tenderer winding up its business activities (liquidation or 
bankruptcy), from a receiver or liquidator of a bankruptcy, upon a 
prior agreement with the creditors;  
3) for public service contracts, when the  contract concerned follows a design 
contest and 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 shall invite all of them to partici pate 
in the negotiations; and  
4) for procurement of unforeseen works, as well as additional works or 
services not included in the original contract, but which are necessary due 
to unforeseen circumstances, provided that the contract is awarded to the 
contractor of the works or the service provider referred to in the original 
contract, when:  
- such works or services cannot be technically or economically 
separated from the original contract without major inconvenience 
to the contracting authority; or  
- such works or services, although separable from the performance 
of the original contract, are necessary for its completion.  GPA/ACC/MKD/3  
 
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  (2) The aggregate  value of the additional works, unforeseen works and surplus 
works, or of the additional services referred to in paragraph (1) point 4 of this 
Article shall not exceed 30% of the value of the original contract.  
(3) In the cases referred to in paragraph (1) point 1) indents 1 and 3 and point 4) 
of this Article, the contracting authority shall initiate the negotiated p rocedure 
without prior publication of a contract notice only upon obtaining a prior 
approval from the Council, except for unforeseen works for which prior approval 
from the Council is not required.  
(4) In the cases referred to in paragraph (1) point 1) in dent 1 of this Article, the 
Council when granting approval shall verify whether the contracting authority 
has made any changes in the tender documentation in the previously conducted 
regular procedures and the tender documentation it intends to use in the 
negotiated procedure.  
(5) Notwithstanding paragraph (3) of this Article, the contracting authority shall not 
be obliged to obtain approval before conducting a negotiated procedure without 
prior publication of a contract notice based on paragraph (1) point  1) indent 3 of 
this Article if there is a direct threat to human safety, life and health.  
(6) In the procedure outcome report, the commission shall provide detailed 
explanation of the reasons for conducting the negotiated procedure without 
prior publicati on of a contract notice, as well as the manner of conducting the 
procedure.  
(7) In the cases referred to in paragraph (1) point 1) indent 3, point 2) indents 2 
and 3 and point 4) of this Article, the contracting authority shall not be obliged 
to determine  the qualification of the economic operators.  
(8) If when performing the works, deficit and/or surplus of works arise, the 
contracting authority, after obtaining the interim certificate prepared by the 
contractor and confirmed by the supervising engineer, shall conclude an annex 
to the public works contract regulating the deficit and/or surplus of works.  
The conditions for the use of the negotiated procedure without publication of a contract notice for 
the utilities are prescribed in Article 198 of the Law on public Procurement, which reads:  
 
Article 198  
 
(1) When awarding a utilities contract, the contracting authority may conduct a 
negotiated procedure without prior publication of a contract notice, in the 
following cases:  
- where no tenders have been submitted in response to two 
previously conducted open procedures or simplified competitive 
procedures, or where no requests to participate have been 
submitted in the first phase of two previously conducted restricted 
procedures,  provided that the conditions of the tender 
documentation are not altered;  
- when the contract is only intended for research, experimentation, 
study or development purposes, and not with the aim of ensuring 
profitability or recovering research and develop ment costs, and 
only if the award of such contract does not violate the competitive 
award of subsequent contracts for these purposes;  
- when, for technical or artistic reasons, or for reasons connected 
with the protection of exclusive rights (patents etc. ), the contract 
can be carried out only by a particular economic operator ;  GPA/ACC/MKD/3  
 
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  - when from reasons of extreme urgency brought about by events 
unforeseeable by the contracting authority, the time limit for 
publication of the open procedure, restricted procedur e, simplified 
competitive procedure or negotiated procedure with prior 
publication of a contract notice cannot be complied with;  
- when the contracting authority has to supply additional deliveries 
from the original supplier for the purpose of partial rep lacement of 
the normal supplies or installations or as an extension of the 
existing supplies or installations, where a change of the supplier 
would oblige the contracting authority to acquire material having 
different technical characteristics which would result in 
incompatibility or disproportionate technical difficulties in operation 
and maintenance;  
- for a contract where it is possible to make the purchase by taking 
advantage of a particularly advantageous opportunity available for 
a short time at a pr ice considerably lower than the normal market 
price;  
- for purchase of supplies on particularly advantageous terms, from a 
supplier which is winding up its business activities (liquidation or 
bankruptcy), from a receiver or liquidator of a bankruptcy,  and 
upon prior arrangement with the creditors;   
- for a public service contract following a design contest, which has 
to be awarded to the best ranked candidate or one of the best 
ranked candidates. When the contract has to be awarded to one of 
the best ranke d candidates, the contracting authority shall invite all 
of them to participate in the negotiations; and  
- for a public contract of unforeseen works, as well as additional 
works or services not included in the original contract, but which 
are necessary du e to unforeseen circumstances, provided that the 
contract is concluded with the contractor referred to in the original 
contract, when:  
a) such works or services cannot be technically or economically 
separated from the original contract without major incon veniences 
for the contracting authority; or  
 
b) such works or services, although separable from the performance  
of the original contract, ar e necessary for its completion.  
 
(2) The aggregate  value of the additional works, unforeseen works and surplus 
works, or of the additional services referred to in paragraph (1) indent 9 of this 
Article shall not exceed 30% of the value of the original contract.  
(3) In the cases referred to in paragraph (1) indents 1, 4 and 9 of this Article, the 
contracting authority shall initiate the negotiated procedure without prior 
publication of a contract notice only upon obtaining a prior approval from the 
Council, except for unforeseen works for which prior approval from the Council 
is not required.  
(4) In the cases referred t o in paragraph (1) indent 1 of this Article, the Council 
when granting approval shall check whether the contracting authority has made 
any alterations in the tender documentation in the previously conducted regular 
procedures and the tender documentation i t intends to use in the negotiated 
procedure.  GPA/ACC/MKD/3  
 
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  (5) Notwithstanding paragraph (3) of this Article, the contracting authority shall not 
be obliged to obtain approval before conducting a negotiated procedure without 
prior publication of a contract notice based  on paragraph (1) indent 4 of this 
Article if there is a direct threat to human safety, life and health.  
(6) If when performing the works, deficit and/or surplus of works arise, the 
contracting authority, after obtaining the interim certificate prepared by  the 
contractor and confirmed by the supervising engineer, shall conclude an annex 
to the public works contract regulating the deficit and/or surplus of works.  
1.14.   In its response to question 5.4., the former Yugoslav Republic of Macedonia notes 
that where there may not be "eco -labels" on a product, and where a tenderer is proving 
that the supplies or services meet the requirements in the tender documentation, that 
the contracting authority is obliged to accept certificates by recognized bodies 
established i n any EU Member State. What is, or what will the status be, of recognized 
bodies established in other GPA Parties for the purposes of certifying that supplies or 
services meet the requirements (or equivalent requirements)?  
Article 35 of the Law on Public P rocurement is in line with the corresponding provisions prescribed 
in Article 23 paragraphs 6 and 7 of Directive 2004/18/EC. As mentioned above, the Republic of 
Macedonia plans to update its public procurement legislation with the new package of EU 
Procure ment Directives from 2014, including the provision mentioned in this question. 
Consequently, the Republic of Macedonia plans to treat recognized bodies in other GPA Parties in 
the same manner as the EU does, as a member in its own right of the GPA.  
 
1.15.   In its  response to question 5.7., the former Yugoslav Republic of Macedonia 
provides a table of timelines for submission of tenders for different procedures used 
above certain thresholds. Please identify if there are changes that need to be made to 
comply with G PA requirements, and whether or not the flexibilities provided relating to 
electronic tendering will apply in reducing the minimum -40-day deadline.  
Considering Article XI of the GPA, the Republic of Macedonia believes that the legal time limits 
prescribed by the Law on Public Procurement are in line with the time periods prescribed by the 
GPA, subject to the thresholds to be agreed during the accession process. Consequently, the 
Republic of Macedonia believes that no changes will be required to comply with Article XI of the 
GPA. 
 
1.6  Information  
1.16.   In its response to question 6.6., the former Yugoslav Republic of Macedonia notes 
the elements in a contract award notice. However, these elements miss some 
requirements of Article XVI of the GPA, including name and addr ess of the successful 
suppliers, the value of the successful tender or the highest and lowest offers taken into 
account in the award of the contract, and the date of award. Please identify how this 
information will be provided. What information is included  in "conclusion of the 
contract"?  
Article 5 of the Rulebook on the Form and the Contents of Contract Notices and Contract Award 
Notices noted in the replies to the Checklist of Issues defines the main headings of the contract 
award notice. The Rulebook als o establishes a mandatory form of the notice to be used by all 
contracting authorities. Consequently, the Republic of Macedonia would like to inform the 
delegation of the USA that all requirements of Article XVI of the GPA are included in the contract 
award notices used in the Republic of Macedonia. Upon request, the Republic of Macedonia is 
willing to provide template of the contract award notice.  
 GPA/ACC/MKD/3  
 
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  1.7  Domestic Review Procedures  
1.17.   In its response to question 7.1., the former Yugoslav Republic of Macedonia 
provides some information on existing domestic review procedures. Will there be any 
changes to existing procedures as part of the accession process to the GPA?  
The review procedure is largely in line with the provisions of the Remedies Directives. Future 
changes in the remedies procedures as part of the planned new Law on Public Procurement would 
be aimed at harmonizing few inconsistencies compared to the provisions of Directive 2007/66/EC 
that have not been implemented yet. In that sense, the Republic of M acedonia believes that its 
remedies system will be in line with the requirements of the GPA at the time of accession to the 
GPA, and necessary legislative action would be undertaken to this end.  
 
1.18.   In its response to question 7.3. a., the former Yugoslav Rep ublic of Macedonia 
notes that an appeal must be lodged within eight days. Please identify how this will be 
changed to comply with the GPA obligation to  provide a minimum of ten days.  
The Republic of Macedonia believes that its remedies system will be in li ne with the requirements 
of the GPA at the time of accession to the GPA, and necessary legislative action would be 
undertaken to this end, including the extension of the time limit for lodging an appeal for covered 
procurement.  
 
1.19.   In its response to question  7.3. b. iii., please identify how the due process 
protections in Article XVIII:6 of the GPA are provided for; this information is not evident 
in other answers provided in section 7 of the checklist.  
Considering Article XVIII:6 of the GPA, the Republic of  Macedonia considers that the due process 
protections in Article XVIII:6 are fully met in the corresponding provisions of the Law on Public 
Procurement. More specifically, for the  requirements prescribed in the introductory line of Article 
XVIII:6 please r efer to Article 230 of the Law on Public Procurement where judicial protection is 
guaranteed against the decisions of the Appeals Commission. Given the fact that the wording of 
the requirement in Article XVIII:6 is conditional, i.e. judicial protection sho uld be available or the 
conditions listed in the following indents should be met, it seems that the Law on Public 
Procurement clearly meets the requirement for a judicial review. In addition, the Law on Public 
Procurement meets most of the requirements lis ted in indents below the introductory line that are 
mandatory if judicial review had not been available.  
 
1.20.   In its response to question 7.3. e., the former Yugoslav Republic of Macedonia 
provides that the State Appeals Commission can "decide upon the request s for 
compensation for procedural costs". Is this the only compensation that can be provided?  
Article 228 paragraph (2) of the Law on Public Procurement stipulates that the State Commission 
shall decide on the costs in the review procedure, determine who s hall bear the costs, the amount 
thereof, to whom and in what time limit they should be paid. In practice, this means that when the 
economic operator wins the appeal, it is compensated for the administrative fees, the fee for 
conducting the procedure (the a mount of this fee is regulated in Article 229 of the Law on Public 
Procurement) and possible fees for legal representation. Damages and similar costs are not 
subject to the appeals procedure.  
 GPA/ACC/MKD/3  
 
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  2  QUESTIONS ON THE CON SOLIDATED TEXT OF TH E LAW ON PUBLIC PROC UREMENT  
Article 33  
2.1.  Article 33, paragraph 1 of the Law on Public Procurement notes that technical 
specifications may define characteristics including "dimension, terminology, symbols", 
"packaging" and "marking and labelling". Given the GPA's preference for technical 
specifications to be based on performance and functional requirements, what sort of 
weight is given for technical specifications such as "packaging" and the other examples 
listed here? How are these characteristics balanced with other performance  and 
functional requirements?  
Article 33 paragraph (1) of the Law on Public Procurement is modelled according to Annex VI of 
Directive 2004/18/EC paragraph 1, items a) and b) in a way that the national provision combines 
the conditions into one paragraph. As mentioned above, the Republic of Macedonia plans to update 
its public procurement legislation with the new package of EU Procurement Directives from 2014, 
including the provision mentioned in this question. Consequently, the Republic of Macedonia plans 
to treat the definition of technical specifications in the same manner as the EU being a GPA Party.  
 
2.2.  Article 33, paragraph 2 of the Law on Public Procurement notes that in determining 
technical specifications, the first preference should be on the use of M acedonian 
standards in accordance with European standards, while international standards is the 
fourth preference. Please identify how this will be changed, if at all, to comply with the 
GPA requirement in Article X:2(b) to base the specifications first on  international 
standards where such exist.  
As mentioned above, the Republic of Macedonia plans to update its public procurement legislation 
with the new package of EU Procurement Directives from 2014, including the provision mentioned 
in this question. Con sequently, the Republic of Macedonia plans to treat the use of standards in 
the same manner as the EU being a GPA Party.  
 
Article 47  
2.3.  Article 47, paragraph 6 of the Law on Public Procurement outlines several 
situations which would cause bidders to get a "ne gative reference" that would preclude 
them from participating in future procurements for at least one and not exceeding five 
years depending on the number of negative references. Are there other means by which 
a bidder would get a "negative reference"? Do bidders have a chance to provide 
information to oppose a "negative reference" such as through an administrative 
process?  
 
The negative reference may be issued during the public procurement procedure, or during the 
contract executions. In both cases the con ditions for issuing negative reference are explicitly 
stipulated in the Law on Public Procurement and the approach is restrictive in order to protect 
economic operators from unfounded issuance of a negative reference. Specifically, a negative 
reference may  be issued during the public procurement procedure if the tenderer:  
 
- withdraws its tender before the expiry of its validity period;  
- fails to accept the correction of arithmetical mistakes made by the commission;  
- fails to sign the public contract in  compliance with the conditions of the tender 
documentation and the submitted tender; or  
- fails to provide the performance guarantee, if required by the contracting authority in 
the tender documentation.  
 
A negative reference during the contract executio n may be issued to the contractor only in case 
the performance guarantee is collected.  
 
With respect to the possible remedies, if the negative reference is issued during the procurement 
procedure, the economic operator has the right to appeal this decision  before the State Appeals 
Commission. If the negative reference is issued during contract execution, the contractor should 
seek remedy in regular court.  
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