This draft version of the consolidated text of the Law on Public Procurement encompasses: 
the Law on Public Procurement (“Official Gazette of the Republic of Macedonia” No. 
136/2007), Law Amending the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia” No. 130/2008), Law Amending the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia” No. 97/2010), Law Amending the Law on 
Public Procurement (“Official Gazette of the Republic of Macedonia” No. 53/2011), Law 
Amending the Law on Public Procurement (“Official Gazette of the Republic of Macedonia” 
No. 185/2011), Law Amending the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia” No. 15/2013), Law Amending the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia” No. 148/2013), Law Amending the Law on 
Public Procurement (“Official Gazette of the Republic of Macedonia” No. 160/2013), Law 
Amending the Law on Public Procurement (“Official Gazette of the Republic of Macedonia” 
No. 28/2014), Law Amending the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia” No. 43/2014), Law Amending the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia” No. 130/2014), Law Amending the Law on 
Public Procurement (“Official Gazette of the Republic of Macedonia” No. 180/2014), Law 
Amending the Law on Public Procurement (“Official Gazette of the Republic of Macedonia” 
No. 78/2015, Law Amending the Law on Public Procurement (“Official Gazette of the 
Republ ic of Macedonia
” No.192/2015 ), Law Amending the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia” No. 27/2016) and Law Amending the Law 
on Public Procurement (“Official Gazette of the Republic of Macedonia” No.120/2016).   
 This is a working unofficial version of the consolidated text of the Law on Public 
Procurement prepared by the Public Procurement Bureau in order to facilitate the application 
of the Law. The Laws Amending the Law on Public Procurement published in the relevant 
editions of the Official Gazette of the Republic of Macedonia and the official consolidated 
text of the Law on Public Procurement published in the Official Gazette of the Republic of 
Macedonia No. 24/12.     
 
LAW ON PUBLIC PROCUR
EMENT (Consolidated Text - Dr aft Version) 
Chapter I 
Gen
eral provisions 
Section 1 
Scope of the Law 
Article 1 
This Law shall regulate the manner and procedure for awarding public contracts, the 
competences of the Public Procurement Bureau, the competences of the Public Procurement 
Council, the establishment and competences of the State Appeals Commission on Public 
Procurement and the review and remedies in the procedures for awarding public contracts, as 
well as for concessions and public private partnership.  
Article 2 
This Law shall in 
particular ensure:  
- competition among economic operators;  
- equal treatment and non-discrimination of economic operators;  
- transparency and integrity in the process of awarding public contracts; and  
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       - 31 - 
 
 ATTACHMENT 1- rational and efficient use of funds in the contract award procedures.  
Section 2 
Definitions 
Article 3 
The terms used in this Law shall have the following meaning:  
1. “Public contract ” shall mean a contract for pecuniary interest, including utilities 
contracts, concluded in writing between one or more contracting authorities and one or 
more economic operators, and having as its object the execution of works, the supply of 
products or the provision of services in accordance with this Law;  
2. “Utilities contract”  shall mean a public contract awarded for the purpose of performing 
one or more of the activities referred to in Article 176 paragraph (1) of this Law;  
3. “Contrac
t award procedure” shall mean a procedure conducted by one or more 
contracting authorities, the aim or activity of which is to purchase or acquire products , 
services or wor
ks;  
4. “Open procedure” shall mean a procedure whereby any economic operator has the right 
to submit a  tender;  
5. “Restricted procedure”  shall mean a procedure in which any economic operator has the 
right to submit a request to participate, and only the candidates selected by the 
contracting authority are invited to submit a tender;  
6. “Competitive 
dialogue”  shall mean a procedure in which any economic operator has the 
right to submit a request to participate and whereby the contracting authority conducts a 
dialogue with the  selected candidates so as to develop one or more suitable alternatives 
that meet its requirements, and on the basis of which the selected candidates shall 
prepare their tenders;  
7. “Negotiated procedure” shall mean a procedure whereby the contracting authority 
consults the  selected candidates and negotiates the terms of contract with one or more 
of them;  
8. “Simplified competitive procedure” shall mean a simplified contract award procedure, 
carried out in accordance with Chapter V Section 6 of this Law;  
9. “Framew
ork agreement”  shall mean a written agreement between one or more 
contracting authorities and one or more economic operators, with the purpose of 
establishing the essential terms governin g the public contracts to be awarded during a 
given period, in particular regarding the price and, where appropriate, the quantity 
envisaged ;  
10. “Electronic auction”  shall mean a repetitive process of reverse bidding realised after an 
initial full evaluation of tenders, where the tenderers have a possibility, exclusively by 
using electronic means, to revise the proposed prices, where by the ranking shall be 
made automatically by electronic means;  
11. “Tender 
documentation” shall mean a set of documents, i nformation and requirements 
that serve as a basis for elaboration, submission and evaluation of the requests to 
participate or the tenders;  
12. “Techni
cal specification”  shall mean a set of technical requirements, regulations, 
recommendations and standards that in detail define the minimum requirements from a 
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       - 32 -technical point of view to be met by the supplies, services or works which are subject-
matter of the public contract; 
13. “Economic operator” shall mean any natural person or legal entity or a group o f such 
persons, which offer supplies, services or works on the market;  
14. “Candidate” shall mean any economic operator that has submitted a request to 
participate in a restricted procedure, a negotiated procedure or a competitive dialogue;  
15. “Reque
st to participate ” shall mean a proposal of the candidate whereby it proves its 
personal situation, technical and professional qualification and economic and financial 
standing, as a condition for obtaining an invitation to submit a tender in a restricted 
procedure, a negotiated procedure or a competitive dialogue;  
16. “Tenderer” shall mean any economic operator that has submitted a tender;  
17. “Participa
nt in design contest s” shall mean any economic operator that has submitted a 
project in a design contest;  
18. “Tender
” shall mean a proposal given by the tenderer , which is prepared based on the 
tender documentation and represent s a basis for awarding the public contract;  
19. “Te
chni
cal proposal” shall mean a part of the tender which proves the fulfilment of the 
technical requirements and the conditions set in the tender documentation;  
20. “Financial 
proposal” shall mean a part of the tender containing the price offered 
according to the requirements set out in the tender documentation; 
21. “ Variant ” shall m e
an a tender offering other features of the subject-matter of the public 
contract than those set out in the tender documentation;  
22. “Contrac
tor” shall mean a tenderer or a group of tenderers that conclude d a public 
contract;  
23. “Evaluation of tender” shall mean the evaluation of the tender submitted in the 
contract award procedure;  
24. “Acce
ptable tender”  shall mean a tender submitted within the determined time limit, 
which  fully meets all requirements in the tender documentation and technical 
specifications, and matches all criteria, conditions and possible qualification 
requirements of the tenderers;  
25. “ Suitable tender ” shall mean an acceptable tender within the limits of the amount 
defined by the contracting authority by the decision on public procurement, or that can 
be additionally provided, in accordance with Article 28 paragraph (4) of this Law;  
26. “ Resea
rch and development services ” shall mean all the activities that include 
thorough research, applied research and experimental development including 
implementation of technological demonstrators, that is devices that demonstrate the 
effect of a new concept or new technologies in an appropriate or representative 
environment;  
27. “Responsible person” shall mean an official heading a state autho rity, a mayor of the 
local self-government unit or a director of a legal entity, or a person authorized by 
him/her;  
28. “Special or exclusive right”  shall mean a right granted by a competent authority arising 
from a law or regulation based on a law, with the purpose of limiting the performance 
GPA/ACC/MKD/1 
 
       - 33 -of activities in certain public services field only to one or to a limited number of legal 
entities;  
29. “Electronic means”  shall mean use of electronic equipment for the purpose of 
processing and storage of data (including digital compression), which is transmitted, 
conveyed
 and received by wire, by radio, by optical means or by other electromagnetic 
means;  
30. “Electronic system for public procurement” shall mean a single computeri sed system 
available on the Internet, which is used in order to enable greater efficiency and cost-
effectiveness in the field of public procurement;  
31. “Related e
conomic operator” shall mean an economic operator:  
- that is under dominant influence of the economic operator to which it is related;  
- that has a dominant influence over the economic operator to which it is related; or  
- that tog
ether with the economic operator to which it is related is subject to the 
dominant influence of a third party; 
32. “Dominant influence”  shall  exist  when:  
- one of the economic  operators , directly  or indirectly , holds  more  than half of the 
capital  in the other economic  operator,  and thus controls  a majority  of the votes  
attached  to the stocks  or shares  issued  by the other  economic  operator,  and can 
appoint  more  than half of the members  of the management  bodies  or the supervisory  
board  of the other economic  operator ; or 
- there  is kinship  between  the founders  of the two economic  operators  up to the second  
degree;  
33. “Profile of an economic operator” sh all mean a functionality of the Electronic System 
for Public Procurement  enabling  the registered economic operators to easily prove that 
they fulfil certain selection criteria;  
34. “Written or in writing” shall mean any expression consisting of words or fi gures which 
can be read, reproduced and subsequently communicated, as well as information that is 
transmitted and stored by using electronic means, provided that the security of the 
content is secured and the signature is identifiable;  
35. “Surplus wor
ks” shall mean quantities of performed works exceeding the agreed 
quantity of works according to the description from the bill of quantities and the 
calculation; 
36. “Works deficit” shall mean negative discrepancies of the works performed compared 
to the agreed quantity of works according to the description from the bill of quantities 
and the calculation; 
37. “Unforeseen works” shall mean works that are not covered by the contract, and which 
must be performed due to omissions and deficiencies in the design established by the 
supervisory body and by the designer, as well as due to other issues stipulated by law; 
38. “Additional works” shall mean works that are not contracted, and which the 
contracting authority demands to be performed; 
39. “Preventive maintenance” shall mean:  
- monitoring the software solution and diagnosing its current state, or recognising any 
possible technical and systemic defects and their proactive resolution, 
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       - 34 -- interventions in the data for removal of errors made in the data due to problems 
caused by an error in the data or by an unintentional error during the routine work of 
the users, 
- removal of errors made by the contractor during the code development, 
- maintenance, including testing, monitoring, adjustment and replacement of 
components in order to prevent potential failures of the systems, 
- measuring, recording and analysis of the relevant parameters and taking appropriate 
measures to ensure optimal and confidential operation of the software solution and to 
minimise the possibility of a defect, and/or 
- problem resolution based on the reported incidents of the software solution; 
40. “Adaptive maintenance ” shall mean changes and upgrades in the software solution that 
are not mistakes in its operation, and which are carried out at the request of th e 
contracting authority; 
41. “Expert” shall be a person engaged by the Public Procurement Council providing an 
expert opinion from the relevant field for which he/she has been registered in the 
Register of Experts in relation to the legal basis for the requested type of approval. 
42. “Central purchasing body”  shall mean a contracting authority which in accordance 
with Article 4 paragraph (1) points a), b) or c):  
- acquire
s on its own behalf and for its own account supplies or services intended for 
one or more contracting authorities; or  
- awa
rds public contract s or concludes framework agreements on behalf and for the 
account of one or more contracting authorities; and  
43. “Common Procurement Vocabulary – CPV” shall mean the reference nomenclature 
applica
ble in the contract award procedures and providing uniformity with the other 
existing nomenclatures. 
Section 3 
Contracting authorities 
Article 4 
(1) Contracting authorities shall be:  
a) state authorities, loc
al self-government units and the City of Skopje;  
b) lega
l entities established for a specific purpose for meeting the public interest needs, 
which are of non-industrial or non-commercial nature, and which are mainly financed by 
the contracting authorities referred to in paragraph (1) point a) of this Article or by other 
such legal entities, or which are subject to control of their operations by the contracting 
authorities referred to in paragraph (1) point a) of this Article or by other such legal 
entities, or in which more than half of their managerial or supervisory board members are 
appointed 
by the contracting authorities referred to in paragraph (1) point a) of this 
Article or by other such legal entities; 
c) associations established by one or several contracting authorities referred to in 
paragraph (1) points a) and b) of this Article; 
d) public
 enterprises, joint stock companies and limited liability companies wherein the 
contracting authorities referred to in paragraph (1) points a), b) and c) of this Article have 
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       - 35 -dominant direct or indirect influence through ownership, i.e. if they hold the major share 
of the company’s capital,  have majority vote of the stockholders or appoint more than 
half of the managerial 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 this 
Law, in the cases when they award public contracts or conclude framework agreements 
for the purpose of carrying out appropriate activities; and 
e) an
y legal entity, other than those referred to in paragraph (1) points a), b) c) and d) of 
this Article, which carries out one or more activities referred to in Chapter IX Section 1 
of this Law on the basis of a special or exclusive right, in the cases when it awards public 
contracts or concludes framework agreements for the purpose of carrying out appropriate 
activities.  
(2) The Gove
rnment of the Republic of Macedonia (hereinafter: the Government) shall 
determine an indicative list of contracting authorities as referred to in paragraph (1) of this 
Article.  
 
Section 4 
Application and exclusions 
Article 5 
(1) This Law shall apply when:  
- awarding public contracts, including the utilities contracts;  
- concluding framework agreements;  
- awarding 
contracts by other entities, where the contract is directly financed or subsidised 
by more than 50% by a contracting authority;  
- awarding contracts by a contracting authority on behalf and for the account of other 
natural person or legal entity, in the cases when the contract is directly financed or 
subsidised by  more than 50% by a contracting authority; and  
- organising a design contest.  
(2) In the 
cases referred to in paragraph (1) indent 3 of this Article, the contracting authority 
shall be obliged, in the financing or subsidy contract, to introduce an obligation for 
application of the provisions of this Law when awarding public contract s.  
Article 6 
(1) The contracting authority in the field of defence shall be obliged to apply the provisions 
of this Law, except in the cases when:  
- it may l
ead to disclosure of information, which is contrary to the essential security 
interest of the country; or  
- it 
endangers the essential security interest of the country, connected with manufacture or 
trade in weapons, ammunition and war materials and systems in accordance with a law.  
(2) With regard to the procurement in the field of defence, the contracting authority shall be 
obliged to inform the Government, by the end of January of the current year at the latest, 
regarding its annual procurement plans in the current year.  
(3) The Gove
rnment shall determine the procurement referred to in paragraph (2) of this 
Article.  
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       - 36 -Article 6-a 
(1) Articles 2, 33, 34, 35, 36 and 103 of this Law shall apply when awarding a public contract 
for the needs of diplomatic and consular offices of the Republic of Macedonia abroad with an 
estimated value up to 20,000 euro in denar equivalent for supplies and services, or 50,000 
euro in denar equivalent for works.  
(2) The public contracts for the needs of diplomatic and consular offices of the Republic of 
Macedonia abroad with an estimated value exceeding the amounts referred to in paragraph 
(1) of this Article shall be awarded in accordance with the provisions of this Law.  
Article 7 
(1) This Law shall not apply when awarding public contract s where:  
- the contract is classified as “state secret” by a competent authority in accordance with the  
regulations on classified information; or  
- the e
xecution of the contract has to be accompanied by special security measures and 
procedures in accordance with the valid regulations.  
(2) The c
ontracting authority shall inform the Government about any contract concluded in 
accordance with paragraph (1) of this Article.  
Article 8 
This L
aw shall not apply when awarding public service contracts that:  
- include pur
chase or lease of land, buildings or other immovable property and rights 
arising thereon, except in the case of awarding contracts for procurement of financial 
services related to the purchase or lease contracts;  
- refer 
to purchase, development, production or co-production of programme material by 
radio or TV broadcasters, or by independent production companies intended for public 
presentation in cinema or for broadcasting of TV or radio programmes, as well as leasing 
space to media and electronic portals; 
- refer to arbitration and conciliation services;  
- are 
financial services in connection with the issue, trading or transfer of securities or 
other financial instruments, in particular transactions by the contracting authorities to 
raise money or capital, and the services of the National Bank of the Republic of 
Macedonia;  
- are notary services; 
- representation by lawyers; 
- are services of the enforcement agents; 
- refer to employment contracts, and 
- refer to research and development services, except in the case when the results are used 
exclusively for carrying out the functions and competences of the contracting authorities, 
provided that the service is fully paid by the contracting authority.  
Article 9 
(1) This 
Law shall not apply to:  
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       - 37 -- public contract s for which the funds have been provided by international organisations 
(donors and lenders) or by third countries, provided that special terms and conditions for 
awarding the public contracts are prescribed by them; 
- public
 contracts awarded for the needs of the Army of the Republic of Macedonia sent to 
military exercises and training and in humanitarian or peacekeeping operations and 
collective defence operations outside the territory of the Republic of Macedonia, in 
accordance with a ratified international agreement; and  
- publi
c supply or works contracts which are awarded on the basis of an international 
agreement concluded between the Republic of Macedonia and one or more countries and 
which are intended for joint implementation or exploitation of a work by the signatory 
states or se
rvices intended for joint implementation or exploitation of projects by the 
signatory states, provided that the international agreement stipulates an appropriate 
contract award procedure.  
(2) Prior 
to carrying out the procurement referred to in paragraph (1) indent 2 of this Article, 
the contracting authority shall be obliged to obtain an approval from the Government.  
Article 10 
This Law shall not apply when awarding public service contracts to another contracting 
authority or legal entities established by one or more contracting authorities, in case they 
have an exclusive right published in an official gazette to provide such services.  
Article 10-a
 
This Law shall not apply to contracts awarded by a contracting authority to a legal entity if: 
- the le
gal entity is established for carrying out activities within the scope of that 
contracting authority's competences; 
- the legal entity has generated more than 80% of the overall turnover in the previous 
business year for the needs of the contracting authority; 
- the subject-matter of the contract is directly linked to carrying out the activities referred 
to in indent 1 of this Article; 
- the contracting authority is the sole founder of that legal entity; 
- the contracting authority conducts supervision over the legal entity; and 
- the lega
l entity adequately applies this Law when acquiring supplies, services and works 
necessary for the performance of the contract. 
 
Article 10-b
 
This Law shall not apply to contracts concluded by contracting authority according to article 
29 of the Law on inter-municipal cooperation.  
 
Article 11 
This Law shall not apply to procurement the total amount of which does not exceed 500 euro 
in denar equivalent on a monthly basis, without value added tax (hereinafter: VAT).  
 
Chapter II 
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       - 38 -Public Procurement Bureau 
Article 12 
(1) The activities in connection with the development of the public procurement system, as 
well as the provision of rationality, efficiency and transparency in the implementation of the 
public procurement shall be carried out by the Public Procurement Bureau as a body of the 
public administration within the Ministry of Finance.  
(2) The Bur
eau shall have the capacity of a legal entity.  
Article 12-a 
The Bureau shall be financed by the Budget of the Republic of Macedonia and from its own 
incomes.  
Article 13 
(1) 
The Bureau shall be managed by a Director who represents the Bureau, organises and 
provides legal and efficient performance of duties and tasks and undertakes measures within 
the competence of the Bureau pursuant to the Law.  
(2) The Gove
rnment shall appoint and dismiss the Director upon the proposal by the Minister 
of Finance for a period of four years.  
(3) A public announcement for appointment of the Director of the Bureau shall be issued in at 
least three 
daily newspapers distributed on the entire territory of the Republic of Macedonia, 
one of which shall be a newspaper being published in a language spoken by at least 20% of 
the citizens who speak an official language other than the Macedonian. 
(4)A person may be appointed as Director of the Bureau if he/she:   
1) is a citize
n of the Republic of Macedonia; 
2) has not been the subject of a sentence or misdemeanour sanction pronounced by a final 
judgment involving prohibition to pursue a profession, activity or duty at the moment of 
appointment; 
3) has acquired at least 240 credits according to the ECTS, or has completed VII/1 level of 
education in the field of law or economics; 
4) has mi
nimum five years of working experience, at least three of which are in the field 
of public procurement; 
5) holds one of the following internationally recognised certificates of English language 
competence, not older than five years: 
- TOEFL with a score of at least 74 points; 
- IELTS with a score of at least 6 points; 
- ILEC (Cambridge English: Legal) with a minimum level B2; 
- FCE (Cambridge English: First) – passed or 
- BULATS with a score of at least 60 points and 
6) has passed a psychological and integrity test.  
(5) The Director may be dismissed before the expiry of the period referred to in paragraph (2) 
of this Article, provided that he/she works contrary to this Law and other laws, submits 
his/her resignation or his/her performance is unsatisfactory.  
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       - 39 -Article 14 
(1) The Bureau shall perform the following activities:  
- initia
te proposals for the adoption of legal and other acts in the field of public 
procurement to the Minister of Finance;  
- monitor a
nd analyse the enforcement of the Law and other public procurement 
regulations, the functioning of the public procurement system, and shall initiate 
modifications for improving the public procurement system; 
- provide opinions regarding the provisions and the application of this Law;  
- advise and assist contracting authorities and economic operator s;  
- prepare models of tender documentation and model forms for the procedures regulated 
by this Law;  
- keep, maintain and update single records of the public contract s, and make them 
available to the public on the ESPP;  
- monitor the timely submission of data and disable use of the ESPP for users who do not 
comply with their obligations regarding the use of the ESPP; 
- resch
edule an electronic auction in case of technical mistakes, ESPP crash and upon 
decision of the State Appeals Commission on Public Procurement;  
- anal
yse the explanations for non-implementation of electronic auctions, in accordance 
with Artic
le 123 of this Law and if the they are not well-founded, it shall point the 
omission to the contracting authority; and  
- pr
opose the Code of Ethics for the implement ation of public procurement, adopted by the 
Minister of Finance;  
- collect, process and analyse public procurement data and prepare statistical reports;  
- immediately inform the contracting authorities, and if necessary, the competen t 
authorities upon detecting irregularities from the notices received;  
- determi
ne the minimum requirements regarding the professional qualification of persons 
performing professional tasks in the field of public procurement;  
- orga
nise and conduct training for civil servants and other competent persons with respect 
to public procurement;  
- manage and operate its web page and the Electronic System for Public Procurement 
(hereinafter: ESPP);  
- prepa
re instructions as internal guidelines for preparation and implementation of the 
public procurement education and the training for public procurement trainers, which are 
published on its web pa
ge; 
- mandatorily remove the published negative reference for an economic operator based on 
a decision of a competent authority, agreement that has the attribute of an enforceable 
document between the contracting authority and the contractor, or on request of the 
contracting authority accompanied by a statement of the person who issued the negative 
reference given before the competent authority about a committed technical error; 
- analyse the explanations for a failure to attach the tender documentation to the contract 
notice pursuant to Article 37 paragraph (2) of this Law and if they are not well-founded it 
shall point the c
ommitted omission to the contracting authority; 
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       - 40 -- cooperate with international institutions and other foreign entities in the activities 
connected with the development of the public procurement system;  
- realise international cooperation in connection with the public procurement system and 
plan and coordinate foreign technical assistance in the field of public procurement;  
- submit 
an annual report to the Government regarding its activities in the functioning of 
the public procurement system;  
- give g
uidelines and prepare manuals and comments on the public procurement rules and 
publish an electronic bulletin; and  
- perform other activities in accordance with this Law.  
(2) Statistical reports referred to in paragraph (1) indent 7 of this Law shall contain data 
relating to:  
- number and value of concluded contracts;  
- classifica
tion of contracts by type of conducted procedures, by subject-matter of the 
contract and by country where the head office of the contractor is located; and  
- number 
and value of concluded contracts and the requirements stipulated by this Law 
justifying the selection of the negotiated procedure with or without prior publication of a 
contract notice.  
(3) The B
ureau shall cooperate with the contracting authorities referred to in Article 4 of this 
Law and with trade companies, professional research institutions, associations or experts in 
certain areas in connection with public procurement.  
 
Article 14-a
 
(1) The Bureau shall prepare and deliver education on public procurement and issue 
certificates for passed exam for public procurement officer, and it shall keep records thereof. 
(2) Trainer
s who hold a certificate for trainers, issued by the Bureau, shall hold lectures at the 
education on public procurement. 
(3) The participants in the education shall pay a fee intended to cover the costs for organising 
and delivering the education.  
(4) After 
completing the education, an exam shall be taken in accordance with the Public 
Procurement Educ
ation Programme.  
(5) The e
xam shall be taken in front of an examination commission formed by the Director of 
the Bureau. The Bureau shall issue a certificate to the persons who have passed the exam.  
(6) The c
ertificate for passed exam for a public procurement officer shall be valid for three 
years, and the certificate for trainer shall be valid for two years as of the day of its issuance.  
(7) The P
ublic Procurement Education Programme, the Train-the-Trainers Programme, the 
form and content of the certificate for passed exam for a public procurement officer and for a 
trainer, as well as the amount of the fee paid by the participants in the education shall be 
prescribed by the Minister of Finance. 
 
Chapter II-a 
Public Procurement Council 
GPA/ACC/MKD/1 
 
       - 41 -Article 14-b 
The Public Procurement Council (hereinafter referred to as: the Council) shall be a state 
authority, which is independent in its work and has the capacity of a legal entity. 
Article 14-c 
The Council shall have the following competences: 
- deciding on the requests for obtaining approval provided for by this a nd other laws;  
- conducting trainings for experts concerning the procedure for obtaining approval;  
- issuing certificates for experts;  
- keeping a Register of Experts;  
- participating in the conducting of trainings for education of officers and other experts in 
relation to the procedure for obtaining approval;  
- proposing a schedule of rates for the amount of the fees for a submitted request for 
obtaining approval and for an expert opinion provided to the Government;  
- preventing the submission of requests for obtainin g approval by users that have failed to 
observe their obligations in relation to Article 14 -m of this Law;  
- proposing measures for improving the public procurement system in the scope of work 
of the Council;  
- preparing instructions as internal guidelines on the method of including and work of the 
experts, method of keeping the Register of Experts and for preparing an expert opinion, 
which are published on its web page;  
- drafting a report on its work;  
- adopting Rules of Procedure and Acts on internal organisatio n and systematisation of job 
positions; and  
- performing other activities laid down by law.  
Article 14-d 
(1) The Council shall be composed of a Chairperson and six members deciding on a session 
by majority of the total number of members regarding the requests for obtaining approval 
provided for by this and other laws, and deciding on matters related to the competence of the 
Council. 
(2) The Chairperson and members of the Council shall perform their function professionally.  
(3) The Chairperson and members of the Council shall elect the Deputy Chairperson from 
among their ranks by a majority of votes, according to the principle of rotation every six 
months. 
(4) The Chairperson and members of the Council shall be appointed by the Government 
through a public announcement issued in at least three daily newspapers distributed on the 
entire territory of the Republic of Macedonia, one of which shall be a newspaper being 
published in a language spoken by at least 20% of the citizens who speak an official language 
other than the Macedonian, for a period of four years with the right to reappointment. 
(5) A person may be appointed as Chairperson or member of the Council if he/she meets the 
following requirements: 
1) is a citizen of the Republic of Macedonia; 
GPA/ACC/MKD/1 
 
       - 42 -2) has not been the subject of a sentence or misdemeanour sanction pronounced by a final 
judgment involving prohibition to pursue a profession, activity or duty at the moment 
of appointment; 
3) has completed four-year higher education - VII/1 level, or acquired at least 240 credits 
according to the European Credit Transfer System (ECTS); 
4) has minimum five years of working experience, at least three of which are in the field 
of public procurement; 
5) holds one of the following internationally recognised certificates or documents of 
English language competence, not older than five years: 
- TOEFL with a score of at least 74 points;  
- IELTS with a score of at least 6 points;  
- ILEC (Cambridge English: Legal) with a minimum level B2;  
- FCE (Cambridge English: First) – passed  or 
- BULA TS with a score of at least 60 points  and 
6) has passed a psychological and integrity test. 
(6) The Chairperson of the Council shall manage and represent the Council. 
(7) The Council shall have an expert service. The employees in the expert service of the 
Council shall have the status of administrative servants. 
Article 14-e 
(1)  The Government shall dismiss the Chairperson or member of the Council before his/her 
term of office expires if he/she:  
- requests to be dismissed;  
- permanently loses his/her ability to pe rform the office, which is determined by the 
Government;  
- has been convicted by a final judgment for a criminal act to unconditional imprisonment 
in duration of at least six months; 
- meets retirement conditions;  
- performs activities incompatible with his/her duty as a member or Chairperson of the 
Council;  
- unconscientiously and unprofessionally performs the duty of Chairperson or member of 
the Council; or  
- if the Chairperson or member of the Council passes away.  
(2)  The Government shall initiate a procedure for ap pointment of the Chairperson and 
members of the Council at least three months prior to the expiry of their term of office. The 
procedure for appointment shall be completed at least 30 days prior to the regular expiry of 
the term of office of the Chairperso n and members.  
(3)  The Chairperson and members of the Council shall not be members of other authorities 
and bodies elected or appointed by the Assembly of the Republic of Macedonia or the 
Government.  
Article 14-f 
GPA/ACC/MKD/1 
 
       - 43 -(1)  The Council shall adopt Rules of Procedure re gulating the manner of operation and 
decision -making of the Council.  
(2) The Council shall submit a semi-annual report on its work to the Government. 
Article 14-g 
(1)  For each legal basis a separate request for obtaining approval shall be submitted, which 
shall then be distributed to the members and Chairperson of the Council by an electronic 
random selection and it shall particularly contain:  
- data about the entity submitting the request (name of contracting authority, address and 
seat, registration number of the contracting authority, official email address for receipt of 
writs of the contracting authority and contact person with telephone number and 
electronic mail);  
- information whether the request is submitted for the first, second or third time;  
- legal basis  for the requested type of approval;  
- subject -matter of the public contract;  
- type of contract award procedure;  
- type of public contract;  
- estimated value excluding VAT; and  
- signature of the responsible person and seal.  
(2) Together with the written request, the contracting authority shall submit a report on the 
need of obtaining approval; an explanation of the reasons for using the criteria, requirements 
or conditions in question; minutes of the conducted technical dialogue in the cases where its 
implementation is mandatory pursuant to this Law and the tender documentation it plans to 
use in the contract award procedure and the previous decision of the Council in case of a 
repeated request. 
(3) In the case of additional works pursuant to this Law, the contracting authority shall submit 
an explanation from the contractor and the supervision of the need and reasons due to which 
the need for additional works arose, and it shall allow inspection of the overall building and 
technical documentation, additional revised design, where necessary, and on-the-spot 
inspection. 
(4) The Council may ask the contracting authority to submit additional documentation or 
supplement to the explanation within a time limit set by the Council. 
Article 14-h 
(1) The Council shall respond to the request by using electronic means within ten working 
days from the date of its receipt, or three working days for the requests for obtaining approval 
in a negotiated procedure for reasons of extreme urgency, regardless of whether additional 
documentation or supplement to the explanation was requested. 
(2) Notwithstanding paragraph (1) of this Article, the Council may extend the time limit for 
responding to the request for additional five working days in case when the estimated value 
of the subject-matter of the public contract exceeds 500,000 euro in denar equivalent, 
excluding
 VAT, and it shall inform the contracting authority thereon within three working 
days from the date of receipt of the request. 
GPA/ACC/MKD/1 
 
       - 44 -(3) If the Council does not respond to the request within the time limit from paragraph (1) of 
this Article, or the additional time limit from paragraph (2) of this Article, it shall be deemed 
that approval has been granted. 
(4) The decisions of the Council shall be submitted electronically to the contracting 
authorities, and to that end the contracting authorities shall mandatorily submit an electronic 
address to the Council when submitting the request for obtaining approval. 
(5) Any form of influence on the decision-making process of the Council shall be forbidden, 
and in particular, any abuse of public authorisations in order to influence the course and 
outcome of the decision-making. 
Article 14-i 
(1) The Council shall decide on the request by a decision whereby it shall grant approval, not 
grant approval or dismiss the request as not allowed or incomplete. 
(2) Against
 the decision referred to in paragraph (1) of this Article, the contracting authority 
shall have the right to lodge an appeal to the State Appeals Commission on Public 
Procurement free of charge, within five days from the date of receipt of the decision in a 
review procedure in accordance with this Law. 
(3) The Council shall adopt a conclusion when extending the time limit for responding to the 
request, withdrawal of the request for obtaining approval on the part of the contracting 
authority and in other cases when exercising its competences for which, in compliance with 
this Law, it is not envisaged to adopt a decision. 
(4) If the Council decides not to grant approval, the contracting authority shall not publish the 
contract notice, or it shall not conduct the negotiated procedure without prior publication of a 
contract notice, or otherwise it shall be deemed that a contract award procedure has not been 
conducted in compliance with this Law. 
Article 14-j 
(1) If the Council adopts a decision not granting approval, the contracting authority may 
repeat the request two more times. 
(2) When deciding for the second time on the same request, the Council shall check whether 
the contracting authority has acted according to the instructions from the previous decision 
and it shall review the comments of the experts who were engaged the second time, and it 
shall adopt a decision on that matter.  
(3) When deciding on the same request for approval for the third time, the Council shall 
check whether its instructions given in the previous decisions have been observed, and shall 
adopt a decision granting approval where it shall specify, if necessary, the changes that the 
contracting authority has to make before publishing the contract notice. 
(4) The contracting authority shall not publish a contract notice in accordance with the legal 
basis for the requested type of approval, if it fails to act as per the instructions given in the 
decision adopted by the Council for the third time. 
Article 14-k 
(1) When deciding on granting approval for the first and second time, the Council may invite 
at least three experts from the Register of Experts from the relevant field, through an 
electronic random selection, to provide their opinion, except in requests for obtaining 
approval for additional works where the Council shall mandatorily invite at least seven 
experts through an electronic random selection. 
GPA/ACC/MKD/1 
 
       - 45 -(2) If an expert does not accept the invitation relative to the requests for approval about 
additional works, the Council shall mandatorily continue to send invitations until the entire 
list of experts from the relevant field is exhausted. If after the exhaustion of the list, there are 
still an insufficient number of experts, the Council shall engage those who have accepted the 
invitation, but there cannot be less than three experts. 
(3) When deciding on granting approval for the third time on the same request, the Council 
may invite by electronic random selection three of the experts who were previously engaged 
by the Council to check whether it has been acted upon its previous instructions. 
(4) The expert shall be obliged to examine the materials and to give his/her opinion within 
three working days from the date of receipt of the materials, except in the cases referred to in 
paragraph 14-h paragraph (2) of this Law, when the time limit may be extended for additional 
three working days. As regards the requests for obtaining approval for additional works, the 
experts shall prepare an opinion on the justification for conducting the negotiated procedure 
based on the documentation and inspection of the state of facts, which they shall submit to 
the Council within five working days. 
Article 14-l 
(1) Enclosed in his/her opinion, the expert shall submit a statement under full moral, material, 
and criminal liability that the opinion is prepared professionally and diligently, in compliance 
with the rules of the science and profession, ethical norms and professional standards and that 
he/she shall not participate, directly or indirectly, in the contract award procedure subject to 
the request for obtaining approval. 
(2) The expert’s opinion shall contain a clear position on whether the request for granting 
approval is to be accepted or rejected. If the expert fails to prepare the opinion in accordance 
with the internal guideline for drafting expert opinions, he/she shall not be entitled to 
remuneration for the provided opinion. 
(3) The expert shall not participate, directly or indirectly, or influence the contracting 
authority in the contract award procedure for which he/she has given his/her opinion during 
the decision-making of the Council. 
(4) The opinions of the experts shall be enclosed in the decision without disclosing their 
identity, and in case where the opinions of the experts are not accepted or their opinions 
differ, the Council shall provide in the decision a detailed explanation of the reasons for not 
accepting the opinions. If the expert fails to provide an opinion within the time limit 
established by law, the Council will decide without his/her opinion.  
Article 14-m 
(1) The experts shall be entitled to remuneration for the provided expert opinion, which is to 
be paid by the contracting authority that submitted the request for approval. 
(2) The Council shall also collect from the contracting authority a fee for the submitted 
request for granting approval, which it shall use for maintenance of the electronic system for 
distribution of cases and for the operations of the Council. 
(3) The amount of the remuneration and fee referred to in paragraphs (1) and (2) of this 
Article shall be established according to the type of procedure, the estimated value of the 
contract and its complexity, as well as the necessary time for collecting data and resolving the 
case. 
GPA/ACC/MKD/1 
 
       - 46 -(4) The Schedule of Rates for the amount of the remuneration and fee for a submitted request 
for obtaining approval and for an expert opinion provided, at the proposal of the Council, 
shall be adopted by the Government. 
Article 14-n 
(1) The Council shall establish and keep an electronic Register of Experts (hereinafter 
referred to as: Register) who will assist it when deciding on granting approval. 
(2) The personal data of the experts who will be recorded in the Register of Experts shall 
include: name and surname, date and place of birth, citizenship, address of residence, contact 
telephone, electronic address, field of specialisation, data of completed education, working 
experience and informal education. 
(3) The time limit for keeping the personal data shall be three years counted as of the date of 
notifying the deletion from the Register. 
Article 14-o 
(1) The Council shall publish a public call establishing the fields of specialisation, selection 
requirements, manner of submitting the applications, documentation necessary to prove the 
fulfilment of the selection requirements and other elements determined by the Council. 
(2) The entry into the Register shall be made on the basis of a submitted written request to the 
Council accompanied by proofs of fulfilment of the general requirements set out in paragraph 
(3) of this Article, as well as the special requirements defined in the public call. 
(3) In order to be entered in the Register, the individual shall have to fulfil the following 
general requirements: 
- to have at least higher education in the relevant field (a diploma of completed four -year 
higher education or a diploma with 300 credits according to the European Credit 
Transfer System);  
- there is no final judgment imposing a prohibition  to pursue a profession, activity or duty 
as long as the consequences of the prohibition last; and  
- to have at least five years of working experience after graduation in the relevant field for 
which the request is submitted.  
(4) The Council shall adopt a conclusion when registering and deleting experts from the 
Register. 
(5) The experts shall be entered in the Register according to the fields of specialisation 
determined by the Council. One individual may be entered in the Register in more fields of 
specialisation for which he/she has submitted a request and meets the requirements pursuant 
to this Article. 
(6) The Council shall remove the individual from the Register, if he/she: 
- asks to be removed;  
- gives an unprofessional opinion on two consecutive occasions,  or prepares the opinion 
contrary to the rules of the science and profession, the professional standards and 
regulations for prevention of conflict of interest;  
- refuses to participate in the work without justified and adequately documented reasons, 
althoug h duly invited by the Council;  
GPA/ACC/MKD/1 
 
       - 47 -- fails to give an opinion on the received materials within the time limit from Article 14 -k 
paragraph (4) of this Law;  
- fails to prepare the opinion in accordance with the internal guideline for drafting expert 
opinions;  
- has be en convicted by a final judgment for a criminal act to unconditional imprisonment 
of at least six months; or  
- passes away.  
Article 14-p 
(1) The Council shall conduct training for experts, and it shall keep records thereof. 
(2) The training shall be organised with a view to provide the experts with knowledge and 
skills, regarding the procedure for obtaining approval from the Council. 
(3) The advertisement for attending the training shall be published on the web page of the 
Council. 
(4) For participation in the training, the expert shall pay a fee, which shall be used to cover 
the expenses for conducting the training. 
(5) The training may be attended by an expert fulfilling the requirements for registration in 
the Register, in accordance with this Law. 
(6) The Council shall issue a certificate for completed training to the person who attended the 
training. 
(7) The amount of the fee for participation in the training shall be determined by a Schedule 
of Rates, at the proposal of the Council, adopted by the Minister of Finance. 
Article 14-q 
(1) Funds for financing of the Council shall be provided from the Budget of the Republic of 
Macedonia. 
(2) The Council may realize own revenue, revenue from donations and from other sources 
stipulated by law. 
Chapter III  
Types o f pu
blic contracts  
Article 15 
(1) 
The public contract may be a public supply contract, public service contract and public 
works contrac
t.  
(2) The subject-matter of the public contract may be composed in several separate identical 
lots, whereby for each lot a separate contract may be concluded, and in the procurement of 
intellectual services for conceptualisation, design and development of designs and other 
creative solutions, the contracts may be concluded with more tenderers.  
(3) The tenderer may submit a tender for one, for several or for all of the lots, whereby the 
tender has to include at least one whole lot.  
(4) The tend
erer shall state in the tender whether it refers to the whole subject-matter of the 
public contract or only to separate lots.  
(5) If 
the tenderer submits a tender for two or more lots, it shall be submitted in a manner that 
enables evaluation of each lot separately.  
GPA/ACC/MKD/1 
 
       - 48 -(6) If the subject-matter of the procurement is composed of more items within one lot, the 
contracting authority shall not form that lot in a manner limiting the competition to only one 
economic operator, regardless of whether the subject-matter of the contract is formed in one 
or more lot s. 
(7) In the procurement of medicines, medical devices and/or medical consumables, the 
contracting authority shall not form a lot with more items, except in case when the items 
within that lot are related in usage and upon prior approval from the Council. 
 
Article 16
 
(1) Public supply contracts shall have as their object the procurement of one or more products 
through purchase, hire-purchase, or lease with or without an option to buy the products.  
(2) Public
 contracts having as their principal object the procurement of products, which also 
cover siting
 and installation operations, shall be public supply contracts.  
Artic
le 17 
(1) 
Public service contracts shall have as their object the provision of one or more services, as 
follows:  
- maintenance
 and repair services, temporary employment services, land or air transport 
services, research and development services, market research and public opinion survey, 
cleaning services and property management services, insurance, banking and investment, 
telecommunication, IT, accounting, auditing, bookkeeping, consultan cy, architectural, 
engineering, advertising, publishing, printing and sanitation services; or 
- railwa
y and water transport services, hotel, catering, legal, investigative, education, 
health, social, recreational, cultural, sport and other services not covered by paragraph 
(1) indent 1 of this Article.  
(2) Ar
tic
les 2, 33, 34, 35, 36 and 55 of this Law shall apply when awarding a public service 
contract as referred to in paragraph (1) indent 2 of this Article with an estimated value 
exceeding 20,000 euro in denar equivalent, excluding VAT.   
(3) Artic
les 2 and 103 of this Law shall apply when awarding a public service contract as 
referred to in paragraph (1) indent 2 of this Article with an estimated value up to 20,000 euro 
in denar 
equivalent, excluding VAT.  
(4) The services referred to in paragraph (1) of this Article shall be in detail prescribed by the 
Government.  
(5) A public contract having as its principal object the provision of services, which also 
covers some construction activities, shall be a public service contract.  
(6) The te
nder documentation and the public service contract for development and design of a 
software solution for the needs of the contracting authority shall mandatorily contain a 
provision stipulating that the contracting authority shall have ownership over the source code 
of the software solution. 
(7) The value of the service contract for preventive maintenance of a software solution on an 
annual basis shall not exceed 20% of the total value of the public service contract for 
development of the software solution for the needs of the contracting authority and the value 
of the adaptive maintenance. The services for adaptive maintenance shall be purchased in a 
separate procedure from the services for development of the software solution. 
GPA/ACC/MKD/1 
 
       - 49 -(8) In the procurement of services for airline ticket booking, the contracting authority, 
irrespective of the procedure for awarding a public service contract conducted in accordance 
with this Law, may book airline tickets at a price lower than the one specified in the 
concluded contract: 
- by using the Internet from the following service providers: Tripadvisor, Kayak, 
Skyscanner, Expedia, Orbitz, Priceline, Travelocity and eDreams; and/or  
- from low budget airlines. 
(9) In the cases referred to in paragraph (8) of this Article, the contracting authority shall be 
obliged to document the booking procedure for the airline ticket appropriately and to keep the 
documentation for at least five years as of the day when the booking was made. 
(10) Notwithstanding paragraph (8) of this Article, the contracting authority may in the case 
of urgency book the cheapest airline ticket for the given travel date with the fewest transfers 
without a previously conducted procedure for awarding a public service contract. 
(11) The value of the airline tickets booked based on paragraph (8) of this Article shall not 
exceed the estimated value of the conducted procedure for awarding a public service contract.  
Article 18 
(1) Public works contracts shall have as their object:  
- execution of construction activities or execution of a work;  
- design and execution of construction activities or design and execution of a work; or 
- realisation, by whatever means, of a work corresponding to the requirements determined 
by the contracting authority and which by itself fulfils certain technical and economic 
function.  
(2) The Gov
ernment shall prescribe the types of construction activities subject to the public 
works contract.  
(3) When 
preparing the technical specifications in a procedure for awarding a public works 
contract, the contracting authority shall be obliged to put all positions envisaged in the bill of 
quantities of the revised design for the execution of works, except in the cases when the 
works are executed in stages with separate contract award procedures. 
(4) The contractor of the public works contract shall be held liable for the deficiencies that 
could arise in a period of ten years as of the delivery and receipt of the works pursuant to the 
provisions of the Law on Obligations. The same shall apply to the designer if the deficiency 
results from some deficiency in the design, and to the person who conducted the supervision 
if the deficiency results from some deficiency in the performance of the supervision. 
Article 19 
(1) Should the subject-matter of a public service contract be services referred to in Article 17 
paragraph (1) indents 1 and 2 of this Law, the provisions of Article 17 paragraph (2) of this 
Law shall a
pply only if the estimated value of the services referred to in Article 17 paragraph 
(1) indent 2 of this Law is higher than the estimated value of the services referred to in 
Article 17 paragraph (1) indent 1 of this Law.  
(2) Whe
n awarding a public contract, the contracting authority shall not, within the same 
contract, combine the services referred to in Article 17 paragraph (1) indents 1 and 2 of this 
Law, with the 
purpose of applying the provisions referred to in Article 17 paragraph (2) of 
this Law.  
GPA/ACC/MKD/1 
 
       - 50 -Article 20 
If the subject-matter of the public contract includes procurement of supplies and services, the 
contract shall be considered as:  
- public 
supply contract, if the estimated value of the supplies is higher than the estimated 
value of the services; or  
- public 
service contract, if the estimated value of the services is higher than the estimated 
value of the supplies.  
Chapter IV 
Co
mmon provisions applicable to the contract award procedures 
Section 1  
Gener
al rules 
Article 21 
(1) The contracting authority shall award a public contract by applying open or restricted 
procedure.  
(2) Notwithstanding paragraph (1) of this Article, only in certain cases in accordance with 
this Law, the contracting authority may award a public contract by applying other procedures.  
(3) The c
ontracting authority shall organise a design contest when it purchases a plan or 
design, mainly in the fields of town and country planning, architecture and civil engineering 
or data processing, selected by a jury based on an open competition.  
Article 22 
(1) 
The contracting authority may conduct the open and restricted procedure and the 
simplified competitive procedure by publishing a contract notice by using electronic means 
through the ESPP.  
(2) The Ministe
r of Finance shall prescribe the manner of use of the ESPP.   
(3) In o
rder to use the ESPP, the contracting authorities and the economic operators shall pay 
fees in 
line with the Schedule of Rates adopted by the Minister of Finance. The funds from 
the payment of fees shall be income of the Bureau and shall be used for promotion and 
development of the public procurement system.   
Article 23
 
(1) The Government may designate a central purchasing body that shall award public 
contracts for certain supplies, services or works.  
(2) The c
ontracting authorities may procure supplies, services or works from or through the 
central purchasing body, and it shall be considered that they conducted a contract award 
procedure in accordance with this Law.  
Article 24 
(1) 
Joint procurement shall be conducted co-ordinately through one contracting authority on 
behalf of a group of contracting authorities, upon a previously concluded agreement for 
conducting a joint procurement.  
(2) The a
greement for conducting a joint procurement shall define all rights and obligations 
of the contracting authorities in respect to the economic operator that is to be awarded the 
public contrac
t.  
GPA/ACC/MKD/1 
 
       - 51 -Article 25 
The contracting authority shall be obliged to ensure protection of the information which the 
economic operator has designated as confidential, especially when it is a case of a business 
secret or rights arising from intellectual property.  
Article 26 
(1) On the basis of determined sources of financing, the contracting authority shall adopt a 
procurement plan covering its total procurement needs for the current year by type of 
supplies, services and works according to the Common Procurement Vocabulary, 
determining the time for initiation of the procedure, the estimated value of the contract and 
the type of procedure to be used when awarding the contract. The total procurement needs 
shall also include the needs realised as joint procurement or through the central purchasing 
body.  
(2) The contracting authority shall adopt the plan referred to in paragraph (1) of this Article 
by the end of January of the current year.  
(3) Where necessary, the contracting authority may amend or supplement the annual 
procurement plan during the year, in accordance with the planned and provided funds for 
public procurement.  
(4) The for
m, content, as well as the manner of preparation of the annual public procurement 
plan shall be prescribed by the Minister of Finance.  
Article 26-a
 
(1) Prior to the initiation of the procedure for awarding a multi-year public contract, the 
contracting authority shall be obliged to plan the funds necessary for its implementation with 
the budget, investment program me or financial plan for the corresponding year.  
(2) The budget beneficiaries and the individual beneficiaries of the central authorities shall 
initiate the procedure for awarding a multi-year public contract, stipulated by a programme 
included in the development section of the Budget, on the basis of an approval issued by the 
Government of the Republic of Macedonia upon a prior opinion from the Ministry of 
Finance.  
(3) Upon a previously obtained opinion from the Ministry of Finance, the Government of the 
Republic of Macedonia shall give an approval regarding the change of the dynamics of the 
implementation and/or payment of the obligations arising from the concluded public 
contracts stipulated by the programme included in the development section of the Budget, 
and for whose change a previous consent of the other contracting party is obtained.  
Article 26-b
 
In the case of a decrease in the funds by the Budget of the Republic of Macedonia, the budget 
beneficiaries, upon a previously obtained consent from the other contracting party, by 
concluding a
n annex to the contract for extension of the period for the following year or 
more, may change the dynamics of the implementation and/or payment of the obligations 
arising from the concluded public contracts not included in the development section of the 
Budget. The Government of the Republic of Macedonia shall adopt a decision on granting 
consent to the conclusion of an annex to the contract, upon previous opinion from the 
Ministry of Finance.  
Section 2 
Estimating the value of the public contract 
GPA/ACC/MKD/1 
 
       - 52 -Article 27 
(1) The contracting authority shall not divide the public contract in multiple separate 
contracts with lower value, or use methods for calculation of the estimated value of the 
contracts in order to obtain a lower value than the real estimated value of the contract, so as 
to avoid a certain procedure determined by this Law.  
(2) When 
there is a need of procurement for which the contract award procedure for the 
current year has already been implemented, and which could not have been foreseen at the 
moment of its implementation, the contracting authority shall consider the total estimated 
value of the corresponding need upon selection of the type of procedure.  
(3) The manne
r of estimating the value of the public contract shall be prescribed by the 
Minister of F
inance.  
Section 3 
Decision on public procurement 
Article 28 
(1) The contracting authority shall decide on the need for public procurement.  
(2) The de
cision shall determine the subject-matter (type) and quantity of the procurement, 
the amount and source of funds required to implement the contract, the manner and contract 
award procedure and shall appoint the chairperson and members of the public procurement 
commission, their number and their deputies (hereinafter: the commission), as well as the 
possible engagement of external experts, where necessary.  
(3) The de
cision shall also state the reasons and the explanation for carrying out the 
negotiated procedure, or the competitive dialogue, if the contracting authority conducts a 
negotiated procedure, or a competitive dialogue, as well as the reasons of urgency for 
reducing the time limits prescribed by this Law.  
(4) If durin
g the contract award procedure, the most advantageous acceptable tender, 
according to the requirements of the procedure, has higher price than the amount of funds 
defined by the decision on public procurement, the contracting authority may amend the 
decision and provide additional funds necessary for implementation of the contract, provided 
that the offered price is not less advantageous than the actual prices on the market and does 
not exceed the threshold prescribed for the particular type of procedure in accordance with 
this Law.  
Article 29 
(1) The commission, depending on the contract award procedure, shall perform the following 
activities:  
- implement technical dialogue with the economic operators;  
- open the tenders; 
- keep minutes; 
- evaluate the qualification of the economic operators;  
- determine the selected candidates;  
- chec
k the technical proposals submitted by the tenderers regarding the conditions and 
requirements referred to in the technical specifications or the descriptive documentation;  
GPA/ACC/MKD/1 
 
       - 53 -- check the financial proposals submitted by the tenderers regarding the price, appropriate 
financial and other conditions determined in the tender documentation;  
- determine unacceptable tenders, as well as the reasons why those tenders are considered 
as unacceptable;  
- determine the acceptable tenders;  
- propose the most advantageou s tender;  
- prepare a procedure outcome report;  
- notify
 the participants in the procedure about the outcome of the implemented procedure; 
and  
- other activities in accordance with this Law.  
(2) The commission referred to in paragraph (1) of this Article shall be obliged to act in 
accordance with the Code of Ethics during the implementation of the public procurement.  
Article 29-
a 
(1) The contracting authority shall appoint a person or an organisational form within which 
activities in the field of public procurement are to be performed.  
(2) The person referred to in paragraph (1) of this Article shall be a person employed in the 
contracting authority, trained to perform activities in the field of public procurement, in 
accordance with this Law and holder of a proper certificate for passed exam for a public 
procurement officer. If the contracting authority has appointed an organisational form to 
perform the public procurement activities, all the persons within the organisational form shall 
hold a certificate for passed exam for a public procurement officer.  
(3) The 
person or the organisational form referred to in paragraph (1) of this Article shall 
perform the following activities:  
- coordinate the preparation of the public procurement plan; 
- prepare the decision on public procurement; 
- publish the contract notice;  
- consult the commission during the implementation of the contract award procedure;  
- mandatorily participate as a member of the public procurement commission in contract 
award procedure with an estimated value exceeding 130,000 euro in denar equivalent for 
supplies and service
s and exceeding 4,000,000 euro for works; 
- draft the necessary acts pursuant to the procedure outcome report; 
- update the data submitted to the ESPP, in accordance with this Law; 
- publish a negative reference in the ESPP pursuant to the conditions of this Law; 
- give guidelines and instructions to the contracting authority about acting in an appeal 
procedure, in cooperation with the public procurement commission; and  
- perform other activities in accordance with this Law.  
(4) The person referred to in paragraph (1) of this Article shall be obliged to act in line with 
the Code of Ethics while conducting public procurement.  
Article 30 
GPA/ACC/MKD/1 
 
       - 54 -(1) External experts shall help the commission during the check and evaluation of the 
technical, financial and other aspects connected with the tenders and shall not have the right 
to decide.  
(2) External experts shall prepare a report regarding the technical, financial and other aspects 
for the purpose of facilitating the decision making of the commission during the evaluation of 
the tenders. The report of the external experts shall be part of the procedure outcome report.  
Article 31 
During 
the evaluation, the commission and the external experts shall be obliged to keep as a 
secret the content of the tenders and any other information submitted by the tenderers or the 
candidates. 
Section 4 
Rules for preparation of the tender documentation 
Article 32 
(1) The contracting authority shall be obliged to state in the tender documentation the 
requests, conditions, criteria, and other necessary information, so as to ensure that the 
economic operator has complete, accurate and precise information regarding the manner of 
conducting the contract award  procedure.  
(2) The tender documentation shall in particular contain the following:  
- general information regarding the contracting authority, particularly the address, 
telephone number, fax number, e-mail, contact person, manner of communication, etc;  
- instructi
ons regarding the legal time limits and the necessary requirements for 
participation in the contract award procedure;  
- if requir
ed, the minimum criteria for determining the competence and documents that 
have to be submitted by the tenderers or candidates so as to prove that they meet the 
selection criteria;  
- technica
l specifications or, in case of application of a competitive dialogue or negotiated 
procedure, a descriptive documentation;  
- instructi
ons regarding the preparation and submission of the technical and financial 
proposal;  
- detailed a
nd complete information regarding the contract award criteria, which are to be 
applied for selection of the most advantageous tender in accordance with the provisions 
referred to in Chapter VII Section 3 of this Law;  
- instructions regarding the review procedures in the contract award procedure; and  
- information regarding the compulsory provisions of the public contract.  
(3) The 
content of the tender documentation shall be prescribed in detail by the Minister of 
Finance.  
Article 33 
(1) The technical specifications, where necessary, shall define the following characteristics: 
quality level, technical and performance level, requirements regarding the impact on the 
environment and safety during use, as well as dimensions, terminology, symbols, testing 
methods, packaging, marking and labelling, and instructions for use of the product, quality 
assurance systems, conditions and procedures for evaluation of the conformity with relevant 
GPA/ACC/MKD/1 
 
       - 55 -standards and other similar requirements. In case of a public works contract, the technical 
specifications may also refer to the design and evaluation, examination, inspection and 
reception requirements of the works or techniques, procedures and methods of execution, as 
well as other requirements being of technical character that the contracting authority is able to 
describe, in accordance with the law or with the general or specific regulations, related to the 
delivered works, materials or other elements of those works.  
(2) The contracting authority shall define the technical specifications:  
- by 
reference, as a rule, in the following order: application of Macedonian standards in 
accordance with the European standards, European technical approvals (European 
technical attests), common technical specifications used in the European Union, 
internationa
l standards or other technical references established by the European 
standardisation bodies. When the above-mentioned are not prescribed, the technical 
specifications shall be defined by reference to Macedonian standards, national technical 
approvals or national technical specifications referring to the products use, the design or 
the execution of the works. Each reference shall be accompanied by the words ‘or 
equivalent’;   
- in regard to the requirements for performance or functional features of the subject-matter 
of the contract that have to be described sufficiently accurate in order to ensure that the 
tenderers exactly understand the subject-matter of the contract, and that the contracting 
authority selects the most advantageous tender;  
- in rega
rd to the requirements for performance or functional features as referred to in 
indent 2 of this paragraph, by referring to standards, technical approvals, common 
technical specifications as referred to in indent 1 of this paragraph as a possible manner 
of fulfilment of the features or functionality requirements; or  
- by 
reference to the specifications as referred to in indent 1 of this paragraph for certain 
features,
 and by reference to the requirements for performance or functional features as 
referred to in indent 2 of this paragraph for the remaining features.  
Article 34 
(1) 
In the cases referred to in Article 33 paragraph (2) indent 1 of this Law, the contracting 
authority c
annot reject the tender if the products, services or works do not comply with the 
specifications to which the contract refers, and the tenderer proves that the tender meets the 
requirements of the contracting authority in an appropriate manner.  
(2) When the contracting authority defines the technical specifications by specifying the 
performance requirements or functional features, it cannot reject the tender if the tenderer 
proves that the products, services or works ensure the fulfilment of the performance 
requirements or functional features and they comply with:  
- a Macedonian standard being in compliance with a European standard;  
- European technical approval (European technical attest);  
- a common technical specification used in the European Union;  
- an international standard; or  
- other technical reference systems established by European standardisation bodies.  
(3) The 
technical dossier of the manufacturer or the test or calibration report issued by an 
accredited testing or calibration laboratory or by an accredited product and service 
certification body or an accredited inspection body that ensures the application of the 
GPA/ACC/MKD/1 
 
       - 56 -generally accepted standards may be an adequate means to prove the conformity with the 
required technical specifications.  
Article 35 
(1)
 The performance requirements or functional features as referred to in Article 33 
paragraph (2) indent 2 of this Law defining the technical specifications may also include 
environmental chara
cteristics.  
(2) Whe
n the contracting authority indicates environmental characteristics in the performance 
requirements or functional features, it may use detailed specifications, or, where necessary, 
parts of them as defined in the European or (multi-)national ‘eco-labels ’, or by any other eco-
labels, provided that:  
- those specifications are appropriate to define the characteristics of the supplies or 
services that a
re the object of the public contract;  
- the supplies 
or services meet the criteria for acquiring ‘eco-lab els’ in accordance with the 
Law on Environment;  
- the ‘eco-labels ’ 
are obtained in a manner and procedure in accordance with the Law on 
Environment; and  
- the ‘eco-labels ’ are available to all interested parties.  
(3) The c
ontracting authority may indicate that the products and services with ‘eco-label’ 
shall be considered fully compliant with the technical specifications in the tender 
documentation. The contracting authority shall not consider that a certain tender is non-
compliant with the technical specifications solely for the reason that the products or services 
do not bear an ‘eco-label ’, provided that the tenderer proves, by any appropriate means, that 
the products or services correspond to the requested technical specifications. The contracting 
authority shall be obliged to accept the certificates by recognised authorities established in 
any member state of the European Union.  
(4) The technical dossier of the manufacturer or the test or calibration report issued by an 
accredited testing or calibration laboratory or by an accredited product and service 
certification body or an accredited inspection body that ensures the application of the 
generally accepted standards may be an adequate means to prove the conformity with the 
required technical specifications. 
Article 36 
(1) 
The contracting authority shall not define the technical specifications referring to a 
specific manufacture, production, particular process or trademarks, patents, types or a 
specific origin of products with the effect of favouring or eliminating certain economic 
operators or 
certain products.  
(2) Notwithstanding 
paragraph (1) of this Article, such reference shall be permitted only in an 
exceptional case, where a sufficiently precise description of the subject-matter of the contract 
for all interested parties pursuant to the provisions of Article 33 and 34 of this Law is not 
possible, and such reference shall be accompanied by the words ‘or e quivalent ’.  
(3) In the procurement of medicines, the contracting authority shall mandatorily define the 
technical specifications by using the generic names of medicines. 
Article 36-a 
GPA/ACC/MKD/1 
 
       - 57 -(1) The contracting authority shall mandatorily seek approval from the Council prior to 
publishing the contract notice for supplies, and it shall submit an adequate explanation for the 
need of a procurement for which there are not at least: 
- three manufacturers on the market in the Republic of Macedonia and three manufacturers 
on the markets abroad that could meet the requirements from the technical specifications 
for an individual lot in the simplified competitive procedures with an estimated value up 
to 5,000 euro in denar equivalent excluding VAT; 
- four manufacturers on the market in the Republic of Macedonia and four manufacturers 
on the markets abroad that could meet the requirements from the technical specifications 
for an individual lot in the simplified competitive procedures with an estimated value 
exceeding 5,000 euro in denar equivalent excluding VAT; or 
- five manufa
cturers on the market in the Republic of Macedonia and five manufacturers 
on the markets abroad that could meet the requirements from the technical specifications 
for an individual lot in the open and restricted procedure. 
(2) The contracting authority shall mandatorily seek approval from the Council prior to 
publishing the contract notice if it envisages selection criteria, other than the personal 
situation and suitability to pursue the professional activity, which could be fulfilled by: 
- three 
or less than three economic operators on the market in the Republic of Macedonia 
in the simplified competitive procedures with an estimated value up to 5,000 euro in 
denar equivalent excluding VAT; 
- four or less than four economic operators on the market in the Republic of Macedonia in 
the simplified competitive procedures with an estimated value exceeding 5,000 euro in 
denar equivalent excluding VAT; or 
- five or
 less than five economic operators on the market in the Republic of Macedonia in 
the open procedure, restricted procedure, negotiated procedure with prior publication of a 
contract notice and in the competitive dialogue. 
(3) Upon adopting the decision on public procurement and prior to publishing the contract 
notice, the persons defining the technical specifications and selection criteria shall be obliged 
to prepare an adequate explanation for the justification of their use upon a prior market 
analysis, and to submit a report to the responsible person with a proposal in terms of the need 
for obtaining approval from the Council. 
(4) The c
ontracting authority shall conduct the analysis referred to in paragraph (3) of this 
Article by mandatorily addressing, in an official correspondence or electronically (via 
electronic mail), the manufacturers or economic operators in the Republic of Macedonia and 
abroad that could potentially meet the requirements from the technical specifications or the 
selection criteria for an individual lot of the procedure, depending on the legal basis of the 
request for approval from this Article. 
(5) If the market analysis also refers to the requirements from the technical specifications and 
to the selection criteria, the contracting authority shall conduct the analysis by sending a 
separate correspondence for obtaining opinions regarding the requirements from the technical 
specifications and another separate correspondence for the selection criteria. 
GPA/ACC/MKD/1 
 
       - 58 -(6) When addressing the manufacturers or economic operators referred to in paragraph (5) of 
this Article, the contracting authority shall ask them to respond whether they meet or do not 
meet the requirements from the technical specifications or the selection criteria. 
(7) The replies from the manufacturers or economic operators shall be kept for at least five 
years as of the day of completion of the relevant public contract and they shall form part of 
the procedure dossier. 
(8) On the basis of the report accepted by the responsible person that contains a proposal 
about the need for obtaining approval, a request for approval shall be submitted to the 
Council. 
(9) The contracting authority shall be obliged to notify in writing, at the official contact 
address, the economic operators that they were included in a market analysis for the subject-
matter of the procurement relative to the report and to invite them to participate in the 
relevant procedure.   
(10) The provisions referred to in paragraph (2) of this Article shall also accordingly apply to 
the procedures for awarding contracts establishing a public private partnership. 
Article 36-b 
(1) Notwithstanding Article 36-a, paragraph (1) of this Law, the contracting authority shall 
mandatorily seek approval from the Council before publishing the contract notice that will 
end by awarding a framework agreement and it shall submit an appropriate explanation for 
the need of a procurement for which there are not at least seven manufacturers, service 
providers or contractors of works on the market in the Republic of Macedonia and seven 
manufacturers, service providers or contractors of works on the markets abroad that could 
meet the requirements from the technical specifications for an individual lot. 
(2) Notwithstanding 
Article 36-a, paragraph (2) of this Law, the contracting authority shall 
mandatorily seek approval from the Council before publishing the contract notice that will 
end by awarding a framework agreement if it provides for selection criteria, other than the 
personal situation and suitability to pursue the professional activity, which could be fulfilled 
by at least seven economic operators on the market in the Republic of Macedonia. 
Article 36-c 
(1) The contracting authority shall not be obliged to ask for relevant approval from the 
Council in the cases when it: 
- uses the standard tender documentations and/or standard technical specifications or 
- repeats a procedure in the same fiscal year for which it has previously obtained 
approval and which ended by a decision for cancelation of the procedure, according to 
the same conditions which were subject to the Council’s approval.  
(2) The Minister of Finance, at the proposal of the Council, shall prescribe the form and 
contents of the standard tender documentations and standard technical specifications, as well 
as the manner in which they are to be used by the contracting authorities. 
Article 37 
(1) The contracting authority shall make the tender documentation available to any interested 
economic operator by using electronic means for the purpose of providing direct and full 
access through the ESPP simultaneously with the publication of the contract notice. The 
GPA/ACC/MKD/1 
 
       - 59 -forms of the tender documentation shall be attached in a format that could be directly used by 
the economic operators. 
(2) Notwithstanding paragraph (1) of this Article, the contracting authority shall make the 
tender documentation available in hard copy or by using magnetic medium only when: 
- the ESPP does not support the format type in which the tender documentation or a part 
thereof is prepared, and it shall fill in an explanation on the ESPP ; or 
- publishing a contract notice for a public private partnership. 
(3) No fee shall be charged for obtaining the tender documentation. 
Article 38 
(1) The contracting authority, within the time limit referred to in paragraph (3) of this Article, 
on its own initiative or on the basis of questions for clarification submitted by the economic 
operators, ma
y amend or supplement the tender documentation, and that shall be mandatorily 
done upon a decision by the State Appeals Commission on Public Procurement. 
(2) The contracting authority, according to the amendments and supplements to the tender 
documentation, shall 
mandatorily extend the time limit for submitting tenders or requests to 
participate for at least six days. 
(3) The contracting authority, no later than six days before the expiry of the time limit for 
submission of the tenders or requests to participate, or three days in case of a simplified 
competitive procedure, shall send free of charge the amendments and supplements to the 
tender documentation to all economic operators that have obtained the tender documentation; 
or, if it is published by using electronic means for the purpose of direct and full access, it 
shall publish the amendments and supplements in the same manner as it has published the 
tender documentation.  
(4) Notwithstanding p
aragraph (1) of this Article, the contracting authority shall not amend or 
supplement those elements of the tender documentation which were approved by the Council. 
Article 39 
(1) 
The contracting authority shall be obliged to reply to all additional questions asked in 
connection with the tender documentation by the economic operators, provided that such 
questions have been submitted at least six days before the time limit for submission of the 
tenders or requests to participate, or three days in case of a simplified competitive procedure.  
(2) The contra
cting authority shall reply to the questions, in writing, as soon as possible and it 
shall send the 
reply free of charge to all economic operators that have obtained the tender 
documentation, without stating the name of the economic operator that has asked for 
clarification; or if the tender documentation has been published by using electronic means for 
the purpose of direct and full access, it shall publish the reply in the same manner as it has 
published the tender documentation.  
Section 5 
P
articipation in the contract award procedure 
Article 40 
(1) Any economic operator and/or manufacturer shall have the right to participate, 
individually or as a member in a group of economic operators, in a contract award procedure.  
(2) Notwithstanding paragraph (1) of this Article, an economic operator with one or several 
negative references in a period of one year as of the date of publication of the last negative 
GPA/ACC/MKD/1 
 
       - 60 -reference, in accordance with the requirements referred to in Article 47 and 48 of this Law, 
shall not have right to participate in a contract award procedure.  
(3) The submitted data on negative references shall be available to the public on the ESPP.  
Article 41 
(1)
 The economic operators may join together and form a group of economic operators with 
the purpose of submitting a joint request to participate or a joint tender, not having the 
obligation to associate in a legal form.  
(2) The joi
nt tender, as an integral part, shall include a contract for submitting a joint tender 
whereby the members in the group of economic operators assume liability towards each other 
and towards the contracting authority for the performance of the public contract, and this 
contract shall particularly contain the following data: 
- the member of the group that will act as group leader, i.e. that will submit the tender and 
represent the group before the contracting authority; 
- the member of the group that will sign the public contract on behalf of the group of 
economic operators; 
- the member of the group that on behalf of the group of economic operators will provide 
the tender guarantee in the form of a bank guarantee or deposited funds, if stipulated in 
the tender documentation; 
- the member of the group that will issue the invoice and provide the account to which the 
payments shall be made; 
- a brief description of the obligations of each member of the group of economic operators 
for the performance of the contract; and 
- other data which the contracting authority will set out in the tender documentation. 
(3) The members of the group of economic operators shall be jointly and severally liable 
towards the contracting authority for the obligations assumed by the tender. 
(4) A member of the group of economic operators cannot withdraw from the group of 
economic operators until the public contract is concluded if: 
-  it is the leader of the group of economic operators; 
- it provides the tender guarantee in the form of a bank guarantee or deposited funds; 
- without that member the group of economic operators cannot prove that it fulfils the 
selection criteria which were required in the procedure; or 
- the other 
members of the group do not jointly and severally assume the obligations of the 
group member that wants to withdraw from the group of economic operators. 
(5) The withdrawal of a member of the group of economic operators contrary to paragraph 
(4) of this Article shall be deemed as a withdrawal of the joint tender. 
Article 42 
The contracting authority, following the selection of the most advantageous tender, may 
require from the group of economic operators to associate in a specific legal form for the 
purpose of executing the contract.  
Article 43 
GPA/ACC/MKD/1 
 
       - 61 -(1) The persons who participate in the preparation of the tender documentation shall not 
participate as tenderers or members of a group of tenderers in the contract award procedure.  
(2) In the case of an open and restricted contract award procedure for supplies and services 
with an estimated value exceeding 130,000 euro in denar equivalent, after the adoption of the 
decision on
 public procurement and before the publication of the contract notice, the 
contracting authority shall be obliged to conduct technical dialogue with the economic 
operators, more particularly:  
- to make 
the tender documentation it plans to use in the procedure available to the public 
through the ESPP, at least five working days as of the day of its publication; 
- to enable each interested economic operator to give its own proposals and comments to 
the published tender documentation in the period referred to in indent 1 of this 
paragraph, by using electronic means or by organising a joint meeting to be held at a 
previously determined time and date; and  
- afte
r the period referred to in indent 1 of this paragraph, to review the received proposals 
and comme
nts and, if they are acceptable, to implement them in the tender 
documentation.  
(3)
 The
 public procurement commission shall keep minutes for the conducted technical 
dialogue, which mandatorily contains description of the proposals and comments of the 
business community, as well as explanation for not accepting those proposals and comments 
that have not been implemented in the tender documentation. The minutes shall be a part of 
the procedure dossier.  
(4) The contracting authority shall deliver the minutes of the conducted technical dialogue to 
all economic operators that have given proposals and comments on the published tender 
documentation. 
(5) The contracting authority may also conduct a technical dialogue in contract award 
procedures with an estimated value lower than the amount referred to in paragraph (2) of this 
Article.  
(6) The participation in the technical dialogue shall not be considered participation in the 
preparation of the tender documentation, within the meaning of paragraph (1) of this Article.  
Article 44 
The 
persons who participate and assist in the evaluation of the requests to participate or 
tenders, as well as the responsible person at the contracting authority, cannot be candidates, 
tenderers, subcontractors or members in a group of tenderers in the respective procedure. In 
such case, the request to participate or the tender of the candidate or the tenderer shall be 
excluded from the contract award procedure.  
Article 45 
(1) 
If the tenderer intends to subcontract a share of the public contract to one or several 
subcontractors, it has to indicate in its tender data about the share of the contract it plans to 
subcontract, as well as data on all proposed subcontractors (business name, head office, 
unique tax number, etc.). The tenderer shall be liable before the contracting authority for 
fulfilment of the public contract, regardless of the number of subcontractors.  
(2) The c
ontracting authority shall not request from the tenderer to subcontract a share of the 
public contract or to engage particular manufacturers, unless otherwise regulated by a special 
law or an international agreement.  
GPA/ACC/MKD/1 
 
       - 62 -(3) During the performance of the public contract, the contractor may change the 
manufacture
rs for the particular section of the public contract subcontracted to third parties , 
only upon previous approval from the contracting authority.  
Article 46 
(1) Within the same contract award procedure, the candidate or tenderer may participate only 
with one request to participate or tender.  
(2) All requests to pa
rticipate or tenders shall be rejected if the candidate or  the tenderer:  
- participates in more than one individual and/or joint request to participate or tender; or 
- pa
rticipates as a subcontractor in another individual and/or joint request to participate or 
tender.  
(3) The economic operator may participate as a subcontractor in more than one request to 
participate or tender.  
Section 6 
G
uarantees 
Article 47 
(1) The contracting authority may require a tender guarantee in the form of a bank guarantee 
or deposited funds, otherwise it shall require a statement about the steadiness of the tender 
and that shall be mandatorily indicated in the tender documentation.  
(2) In 
the cases of a bank guarantee or deposited funds, the contracting authority shall express 
the requir
ed value of the guarantee for the tender as percent of the tender value, and it cannot 
require a guarantee amount exceeding 3% of the tender value, VAT excluded.  
(3) In 
the cases of a statement on steadiness of the tender, the tenderer shall state that it will 
not take the actions referred to in paragraph (5) of this Article. If the tenderer violates the 
given statement, the contracting authority shall exclude it from the further procedure and 
shall act in accordance with paragraph (6) of this Article.  
(4) The 
tender guarantee shall be submitted together with the tender in original form, and it 
cannot be subseque
ntly submitted after the expiry of the time limit for receipt of tenders. 
(5) The c
ontracting authority shall collect the tender guarantee, retain the deposited funds, or 
activate the statement on steadiness of the tender, 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 documentati
on.  
(6) If it
 comes to collecting the tender guarantee, retaining the deposited funds or violating 
the statement on steadiness of the tender, the contracting authority shall publish on the ESPP 
a negative reference that results in exclusion of the particular tenderer from all further 
contract award procedures in a period of one year as of the date of publication, in case of a 
first negative reference, for which the tenderer shall be informed. The period of exclusion, 
referred to in this paragraph, shall be extended for one additional year for every following 
negative reference, yet not exceeding five years.  
GPA/ACC/MKD/1 
 
       - 63 -(7) The prohibition to participate in contract award procedures, in accordance with the 
conditions referred to in paragraph (6) of this Article shall also apply to the group of 
economic operators having as a member an economic operator with a negative reference, as 
well as an economic operator representing a related undertaking to the economic operator 
with a negative reference.  
(8) The publi
c procurement commission shall be obliged to notify, in writing, the person 
referred 
to in Article 29-a of this Law, or the head person of the organisational form within 
which the activities in the public procurement field are performed, about the fulfilment of the 
conditions for issuing a negative reference from paragraph (5) indents 1 and 2 of this Article 
by the day of submitting the procedure outcome report to the responsible person. 
(9) If the organisational form does not have a head person, the public procurement 
commission shall be obliged to submit the notification referred to in paragraph (8) of this 
Article, in writing, to the responsible person of the contracting authority. 
(10) For publishing a negative reference in compliance with the conditions from paragraph 
(5) of this Article, the contracting authority shall decide by a decision for selection or 
cancellation of the procedure, and the economic operator shall have the right to lodge an 
appeal in the review procedure pursuant to this Law. 
(11) The contracting authority shall mandatorily publish the negative reference referred to in 
paragraph (6) of this Article within three working days as of the da te of the legal validity of 
the decision on selection or cancellation of the procedure. 
 (12) The tender guarantee has to be valid for at least 14 days after the expiry of the tender 
validity period.  
(13) In exceptional cases, the contracting authority may require from the tenderers to extend 
the validity period of the tender guarantee.  
(14) The tender guarantee shall be returned to the tenderers that have not been chosen as the 
winning tenderer within the period of its validity.  
(15) The tender guarantee shall be returned to the winning tenderer after it signs the public 
contract and submits a performanc e guarantee, if required.  
Article 48 
(1) The contracting authority may require from the winning tender er to provide a 
performance guarantee in the form of a bank guarantee and it shall mandatorily indicate this 
in the tender document
ation.  
(2) The 
amount of the performance guarantee may range from 5% up to 15% of the value of 
the public contract.  
(3) Notwithstanding 
paragraph (1) of this Article, the performance guarantee shall not be 
required when organising a design contest, awarding public contracts for provision of 
consultan cy services and when awarding a framework agreement.  
(4) A performance guarantee may be requested for individual contracts awarded on the basis 
of a framework agreement.  
(5) The pe
rformance guarantee shall have to be valid until the public contract is fully 
executed.  
(6) The 
performance guarantee shall be returned to the contractor within 14 days after the 
public contract is fully executed.  
GPA/ACC/MKD/1 
 
       - 64 -(7) When the time limit for execution of the contract is extended or its value has been 
increased, the contractor shall have to respectively extend the validity and value of the 
performance guarantee.  
(8) If it
 comes to collecting the performance guarantee, the contracting authority shall submit 
to the ESPP a negative reference resulting in exclusion of the relevant contractor from all 
future contract award procedures in a period of one year, as of the date of publication in case 
of a first negative reference, and it shall inform the tenderer thereof. The period of exclusion 
referred to in this paragraph shall be extended for one additional year for every following 
negative reference, but not exceeding five years.  
(9) In the cases referred to in paragraph (8) of this Article as to collecting the performance 
bank guarantee and the publication of a negative reference on the ESPP, the contractor may 
initiate a dispute before a competent court. 
(10) The prohibition to participate in contract award procedures, in accordance with the 
conditions referred to in paragraph (8) of this Article shall also apply to the group of 
economic operators having as a member an economic operator with a negative reference, as 
well as to an economic operator considered to be a related company to the economic operator 
with a negative
 reference.  
(11) The negative reference referred to in paragraph (8) of this Article shall be published by 
the contracting authority within a period of three working days as of the date of collecting the 
guarantee.  
Article 49 
(1) The contracting authority, in accordance with the obligations arising from the public 
contract, may foresee an advance payment.  
(2) The advance payment cannot exceed 20% of the value of the public contract for the 
contracting authorities referred to in Article 4 paragraph (1) points a) and b) of this Law.  
(3) Prior to the advance payment referred to in paragraph (2) of this Article, the contracting 
authority shall mandatorily provide a bank guarantee from the contractor in the amount of the 
agreed advance payment.  
Article 50 is delet
ed 
Section 7 
Manner of publication 
Subsection 1 
Publication of notices 
Article 51 
(1) The contracting authority shall provide transparency when awarding public contracts, 
organising design contests and concluding framework agreements by publishing a prior 
information notice, contract notice, contract award notice and/or noti ce on cancellation of the 
contract award procedure in accordance with this Law. 
(2) For the purpose of precisely determining the subject-matter of the public contract or the 
framework agreement, the contracting authority shall use the Common Procurement 
Vocabulary in public contract s the estimated value of which, excluding VAT, exceeds:  
GPA/ACC/MKD/1 
 
       - 65 -- 130,000 euro in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for
 works with the contracting authorities referred to in Article 4 paragraph 
(1) points a), b) and c) of this Law ; or  
- 
200,000 euro in denar e quivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for works with the contracting authorities referred to in Article 4 paragraph 
(1) points d) and e) of this Law.  
(3) The Governme
nt shall adopt the Common Procurement Vocabulary.  
(4) The Minister of Finance shall prescribe the form and the content of the notices referred to 
in paragraph (1) of this Article.  
Subs ection 2 
Pr
ior information notice 
Article 52 
(1) The contracting authority may publish a prior information notice, provided it applies the 
provisions refer
red to in Article 65 paragraph (2) or Article 75 paragraph (2) of this Law.  
(2) The publication of the prior information notice shall not oblige the contracting authority 
to conduct the procedure.  
(3) The prior in for
mation notice shall be published on the ESPP.  
Subse
ction 3 
Contract notice 
Article 53 
(1) The contracting authority shall publish a contract notice when:  
- it conducts an open procedure, a restricted procedure, a competitive dialogue or a 
negotiated procedure with a prior publication of a contract notice; or  
- it conducts a design contest.  
(2) The contra
ct notice shall also mandatorily disclose the estimated value excluding VAT. 
Article 54 
(1) The contract notice for open procedure, restricted procedure, competitive dialogue, 
negotiated procedure with prior publication of a contract notice and design contest shall be 
delivered for publication on the ESPP and in the “Official Gazette of the Republic of 
Macedonia”.   
(2) If the estimated value of the public contract, excluding VAT, exceeds 50,000 euro for 
supplies and services, or 200,000 euro for works, the contract notice shall be mandatorily 
published in the Official Journal of the European Union. The contracting authority may also 
publish the contract notice referred to in this paragraph in the respective business publication 
or technical or specialised newspaper available to the wider international expert and other 
public.  
(3) The tr
anslation of the contract notice referred to in paragraph (2) of this Article in English 
language shall be certified by a statement of a translator who holds an internationally 
recognised certificate of English language competence with a minimum level C1 or 
equivalent. 
GPA/ACC/MKD/1 
 
       - 66 -(4) The contract award procedure shall commence with the publication of the contract notice, 
or the dispatch of the invitation to tender in the negotiated procedure without a prior 
publication of a contract notice.   
(5) The “Official Gazette of the Republic of Macedonia” and the Bureau shall be obliged to  
publish the contract notice within five working days as of the da te of receipt of the contract 
notice.  
Subsection 4 
Contrac
t award notice 
Article 55 
The contracting authority shall mandatorily publish a contract award notice on the ESPP 
within 30 days after:  
- the implementation of the open procedure, restricted procedure, competitive dialogue, or 
negotiated procedure with or without prior publication of a contract notice, by awarding 
a public contract or concluding a framework agreement;  
- organising a design contest by selecting the best ranked participant ; and  
- procurement of services as referred to in Article 17 paragraph (1) indent 2 of this Law if 
the estimated value, excluding VAT, exceeds 20,000 euro in denar equivalent.  
Section 8
 
Manner of communication 
Article 56 
(1) Any request, information, noti ce and other documents stipulated by this Law shall be sent 
in writing.  
(2) Any document shall be registered at the moment of dispatch, or at the moment of receipt.  
Article 57 
(1)
 Documents shall be sent in one of the following manners:  
- by post;  
- by fax; or  
- by electronic means.  
(2) The contracting authority shall determine the manner of communication that it will use 
during the implementation of the procedure in the tender documentation.  
(3) The 
sender shall be obliged to send the document sent by fax also by post or 
electronically within two days as of the date when the document was sent by fax. 
 Article 58  
(1)
 The means used for electronic communication, as well as their technical characteristics, 
shall not be discriminatory and have to be generally available to any economic operator and 
compatible with the information and communication technologies being in general use.  
(2) The re
gulations governing the electronic signature shall apply when the documents are 
submitted by using electronic means.  
Article 59 
GPA/ACC/MKD/1 
 
       - 67 -(1) The economic operator shall submit its tender or request to participate via post or 
personally to the address indicated by the contracting authority, or, if such possibility is 
stipulated, by using electronic means.  
(2) If the 
contracting authority has determined that the tenders or requests to participate are to 
be submitted via post or personally, they shall be submitted in a sealed envelope bearing the 
words “do  not open ” in the upper left corner, as well as the reference number of the contract 
notice, name of the contracting authority and address.  
(3) The tende
r or the request to participate shall be submitted in one original form that needs 
to be signed (each page) by the responsible person at the tenderer or by an authorised person 
by him/her. In the tender documentation, the contracting authority may also foresee 
submission of certain number of copies of the tender.  
Article 60 
(1) 
The contracting authority may require the request to participate or the tenders to be 
submitted by using electronic means only if:  
- the information 
in connection with the electronic transmission of data, including 
encryption, is available for any interested economic operator; and  
- the elec
tronic means for receipt of data appropriately guarantee the integrity and 
confidentiality of the received documents.  
(2) The e
conomic operators may submit certificates, statements and other documents in hard 
copy for the purpose of establishing their qualification before the expiry of the time limit for 
the receipt of tenders or requests to participate, provided that they are not available in 
electronic form.  
Article 61 
The electronic means shall ensure the integrity and confidentiality of the received documents 
if their technical characteristics or specifically used procedure meet the following 
requirements:  
- the moment of receiving the tenders or requests to participate can be precisely 
determined;  
- no one can access the received data before the expiry of the time limit for submission;  
- in case of breach of the access restriction to the received data referred to in paragraph (1) 
indent 2 of this Article, the unauthorised access is easily detectable;  
- the ac
cess to the submitted data in all phases of the process is possible only after the 
moment of opening the data in accordance with this Law; and  
- after 
the date of opening of the submitted data, the access to the data is possible only for 
authorised persons.  
Section 9 
Prevention of conflict of interest 
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 
contract award procedure, the Chairperson, Deputy Chairperson, members and 
deputy members of the public procurement commission, as well as the responsible person 
GPA/ACC/MKD/1 
 
       - 68 -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 c
ase 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 other persons.  
(4) In c
ase 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 a
dopt the appropriate decisions and to sign the contract. 
Article 63 
Whe
n 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 contract shall be considered null and void.  
Chapter V 
T
ypes of contract award procedures 
Section 1 
Open procedure 
Article 64 
(1) The open procedure shall be carried out in one phase.  
(2) Notwithstanding paragraph (1) of this Article, the contracting authority may conduct an 
electronic auction as an additional phase, and this shall be published in the contract notice 
and the tender documentation.  
Article 65 
 (1) The closing date for submission of tenders shall not be less than 45 days as of the da te of 
publica
tion on the ESPP if the estimated value of the public contract, excluding VAT, 
exceeds:  
- 130,000 eur
o in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for works with the contracting authorities referred to in Article 4 paragraph 
(1) points a), b) and c) of this Law; or  
- 200,000 eur
o in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for works with the contracting authorities referred to in Article 4 paragraph 
(1) points d) and e) of this Law.  
(2) Notwithstanding
 paragraph (1) of this Article, the contracting authority may reduce the 
time limit for the receipt of tenders to 36 days at the most, provided that a prior information 
notice has been published.  
(3) In c
ase of a prior information notice, the reduction of the time limit pursuant to paragraph 
(2) of this Article shall be permitted provided that the prior information notice has included 
all the information stipulated by the contract notice insofar as that information is available at 
the time when the prior information notice is published and that it was se nt for publication at 
least 52 days and up to 12 months before the date on which the contract notice was sent.  
(4) Notwiths
tanding paragraphs (1) and (2) of this Article, if the contracting authority 
publishes the entire tender documentation by using electronic means with direct access for all 
economic operators without restrictions, the time limits arising from paragraphs (1) and (2) of 
GPA/ACC/MKD/1 
 
       - 69 -this Article may be reduced by five days. The tender documentation shall be published 
simultaneously with the dispatch of the contract notice.  
(5) The re
duction of the time limits in accordance with paragraph (4) of this Article shall be 
permitted only when the contract notice indicates the Internet address where the tender 
documentation is available.  
Article 66 
If
 the estimated value of the public contract is below the amount referred to in Article 65 
paragraph (1) of this Law, the time limit for the receipt of tenders shall not be less than 20 
days as of the
 date of publication on the ESPP.  
Article 67
 
Any interested economic operator shall have the right to request and receive tender 
documentation.  
Section 2 
Re
stricted procedure 
Article 68 
(1) The restricted procedure shall be conducted in two phases:  
- first pha
se (pre-qualification phase), when the contracting authority selects candidates on 
the basis of the selection criteria; and  
- sec
ond phase, when the contracting authority evaluates the tenders submitted by the 
selected candidates, on the basis of the contract award criteria.  
(2) Notwithstanding 
paragraph (1) of this Article, the contracting authority may conduct an 
electronic auction as an additional phase, and it shall publish this in the contract notice and in 
the tender documentation.  
Article 69 
(1) 
The time limit for the receipt of requests to participate shall not be less than 30 days as of 
the date of publication on the ESPP, if the estimated value of the public contract, excluding 
VAT, exce
eds:  
- 130,000 euro in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for works with the contracting authorities referred to in Article 4 paragraph 
(1) points a), b) and c) of this Law; or  
- 200,000 eur
o in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent
 for works with the contracting authorities referred to in Article 4 paragraph 
(1) points d) and e) of this Law.  
(2) Notwithstanding 
paragraph (1) of this Article, due to reasons of urgency requiring 
execution of the contract within periods less than the ones determined in paragraph (1) of this 
Article, the 
contracting authority may accelerate the procedure by reducing the time limit for 
15 days at the most.  
Article 70 
If
 the estimated value of the public contract is below the amount referred to in Article 69 
paragraph (1) of this Law, the time limit for the receipt of requests to participate shall not be 
less than 15 days as of the date  of publication on the ESPP.  
GPA/ACC/MKD/1 
 
       - 70 -Article 71 
(1) Any interested economic operator may submit a request to participate in the first phase of 
the restricted procedure.  
(2) The contracting authority shall state in the contract notice both selection criteria and other 
applicable rules, the minimum number of candidates it intends to select, and, if required, the 
maximum number of candidates.  
(3) The mi
nimum number of candidates indicated in the contract notice shall not be less than 
five.  
Article 72 
(1) Following the completion of the first phase of the restricted procedure, the number of 
selected candidates shall have to be at least equal to the minimum number of candidates 
indicated in the contract notice.  
(2) Notwithstanding 
paragraph (1) of this Article, when the number of candidates that meet 
the selection criteria is lower than the minimum number indicated in the contract notice, the 
contracting authority:  
- cancels the restricted procedure; or   
- conduc
ts the restricted procedure only with those candidates that meet the selection 
criteria, if their number is sufficient to ensure genuine competition.  
Article 73 
(1) 
Following the completion of the first phase, the commission shall prepare an assessment 
report regarding the qualification of the candidates and a list of qualified candidates.  
(2) On the ba
sis of the report by the commission, the contracting authority shall make a 
decision on the selected candidates to be invited in writing to submit their tenders.  
(3) The contracting authority shall be obliged to send the invitation to tender in the second 
phase of the restricted procedure simultaneously to all selected candidates.  
(4) The contracting authority shall not invite in the second phase of the restricted procedure 
an economic operator that has not submitted a request to participate in the first phase or failed 
to meet the selection criteria.  
Article 74 
(1) The
 invitation to tender in the second phase shall in particular contain:  
- the reference number of the contract notice;  
- the time limit for the receipt of tenders;  
- the address where the tenders are to be submitted;  
- date and place of the opening of tenders; and  
- whe
re necessary, any additional documents which the economic operators have to submit 
with the purpose
 of verifying the statements or completing the documents submitted in 
the first phase in order to prove their qualification.  
(2) The c
ontracting authority shall send the tender documentation together with the invitation 
to tender in the second phase of the restricted procedure.  
(3) When the tender documentation is directly available by using electronic means, the 
manner to access the documentation shall also be stated in the invitation to tender.  
GPA/ACC/MKD/1 
 
       - 71 -Article 75 
(1) If the estimated value of the public contract is above the amount referred to in Article 69 
paragraph (1) of this Law, the time limit for the receipt of tenders in the second phase of the 
restricted procedure shall not be less than 40 days.  
(2) 
Notwithstanding paragraph (1) of this Article, the contracting authority may reduce the 
time limit for the receipt of tenders to no less than 36 days, provided that a prior information 
notice has been published.  
(3) In 
case of a prior information notice, the reduction of the time limit in accordance with 
paragraph (2) of this Article shall be permitted provided that the prior information notice has 
included all the information stipulated in the contract notice insofar as that information is 
available at the time when the prior information notice is published and that it was sent for 
publication at least 52 days and up to 12 months before the date on which the contract notice 
was sent.  
(4) Notwithstanding 
paragraphs (1) and (2) of this Article, if the contracting authority 
publishes the entire tender documentation by using electronic means with direct access for all 
selected candidates without restrictions, the time limits arising from paragraphs (1) and (2) of 
this Article may be reduced by five days. The tender documentation shall be published 
simultaneously with the dispatch of the invitation to tender.  
(5) The re
duction of the time limits in accordance with paragraph (4) of this Article shall be 
permitted only in the case when the invitation to tender indicates the Internet address where 
the tender documentation is available.  
Article 76 
(1) If the estimated value of the public contract is below the amount referred to in Article 69 
paragraph (1) of this Law, the time limit for the receipt of tenders in the second phase of the 
restricted procedure shall not be less than 22 days as of the da te of dispatch of the invitation 
to tender.  
(2) Notwithstanding paragraph (1) of this Article, if the contracting authority publishes the 
entire tender documentation by using electronic means with direct access for all selected 
candidates without restrictions, the time limit arising from paragraph (1) of this Article may 
be reduced by five days. The tender documentation shall be published simultaneously with 
the dispatch of the invitation to tender.  
(3) The 
reduction of the time limits in accordance with paragraph (2) of this Article shall be 
permitted only in the case when the invitation to tender indicates the Internet address where 
the tender documentation is available.  
Section 3 
Competitive dialogue 
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 
GPA/ACC/MKD/1 
 
       - 72 -A public contract shall be considered as ‘ particularly complex ’, within the meaning of Article 
77 paragraph (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.  
Article 79 
The c
ompetitive dialogue shall be conducted in three phases:  
- pre-qualification phase of the candidates;  
- dialogue 
phase with the selected candidates after the conducted pre-qualification phase, 
in order to identify the solution that corresponds to the needs of the contracting authority 
based on which the candidates submit their tender; and  
- phase of submission of the tenders.  
Article 80 
The time limit for the receipt of requests to participate shall not be less than 30 days as of the 
date of public
ation on the ESPP if the estimated value of the contract, excluding VAT, 
exceeds 130,000 euro in denar equivalent for supplies and services and 4,000,000 euro in 
denar e
quivalent for works with the contracting authorities referred to in Article 4 paragraph 
(1) points a), b) and c) of this Law.  
Article 81 
If
 the estimated value of the public contract is below the amount referred to in Article 80 of 
this Law, the time limit for the receipt of requests to participate shall not be less than 15 days 
as of the da te of publication on the ESPP.  
Article 82 
(1) 
Any interested economic operator may submit a request to participate in the competitive 
dialogue.  
(2) When selecting the candidates, the contracting authority shall be obliged to determine 
their competence on the basis of objective and non-discriminatory criteria. 
(3) The contracting authority shall state in the contract notice both selection criteria and the 
applicable rules, the minimum number of candidates it intends to select, and, if required, the 
maximum number of candidates.  
(4) The mi
nimum number of candidates indicated in the contract notice shall not be less than 
three.   
Article 83 
(1) After completing the pre-qualification phase, the number of selected candidates has to be 
at least equal to the minimum number of candidates indicated in the contract notice.  
(2) Notwithstanding paragraph (1) of this Article, when the number of candidates that meet 
the selection criteria is less than the minimum number indicated in the contract notice, the 
contracting authority:  
- cancels the competitive dialogue; or  
- conducts the competitive dialogue only with those candidates that meet the selection 
criteria, if their number is sufficient to ensure genuine competition.  
GPA/ACC/MKD/1 
 
       - 73 -Article 84 
(1) Following the completion of the first phase, the commission shall prepare an assessment 
report regarding the qualification of the candidates and a list of qualified candidates.  
(2) On the ba
sis of the report by the commission, the contracting authority shall make a 
decision on selected candidates to be invited in writing to participate in the dialogue phase.  
(3) The contracting authority shall be obliged to send the invitation to participate in the 
dialogue phase simultaneously to all selected candidates.  
(4) The c
ontracting authority shall not invite an economic operator that has not submitted a 
request to participate in the pre-qualification phase or failed to meet the selection criteria in 
the dialogue phase.  
Article 85 
(1) The invitation to participate in the dialogue phase shall in particular include:  
- the reference number of the contract notice;  
- date and place of holding the dialogue; and  
- where
 necessary, any additional documents which the economic operators have to submit 
with the purpose of verifying the statements or completing the documents submitted in 
the pre-qualification phase in order to prove their qualification.  
(2) The c
ontracting authority shall send the invitation to participate in the dialogue phase 
together with the tender documentation, which also contains a descriptive documentation.  
(3) When 
the tender documentation is available through the web page of the contracting 
authority, the manner to access the documentation shall be stated in the invitation to 
participate in the dialogue phase.  
Article 86 
(1) 
The contracting authority shall particularly include in the descriptive documentation a 
description of the needs, objectives and constraints on the basis of which the dialogue is to be 
conducted in order to identify an appropriate solution, as well as, if stipulated, th e 
compensations that are to be granted to the participants in the dialogue.  
(2) In the 
tender documentation, the contracting authority may envisage for the procedure to 
take place in successive phases so as to reduce the number of possible solutions. The 
successive reduction of the solutions shall be made by applying the contract award criteria 
stipulated in the tender documentation.  
Article 87 
(1) 
The contracting authority shall start a dialogue with each selected candidate separately. 
Subject to discussions shall be the variants of the technical and financial arrangements, 
methods of resolving issues related to the legal framework, as well as any other elements of 
the future contract in order to identify solutions that correspond to the needs of the 
contracting authority. For each meeting held, the contracting authority shall keep minutes of 
the issues subject to the dialogue. The minutes shall also be signed by the selected candidate 
that participated in the dialogue.  
(2) During the dialogue, the contracting authority shall ensure equal treatment for all 
candidates. The contracting authority shall not provide information in a discriminatory 
manner, which could give some of the selected candidates an advantage over others.  
GPA/ACC/MKD/1 
 
       - 74 -(3) The contracting authority shall not disclose to the other selected candidates the solutions 
proposed or other confidential information communicated by the candidate during the 
dialogue, without its consent.  
(4) The c
ontracting authority shall conduct the dialogue until it identifies the suitable 
solution.  
(5) Having declared that the dialogue phase is concluded and having so informed the selected 
candidates, the contracting authority shall invite the selected candidates to submit their 
tenders in a reasonable time limit on the basis of the solution selected in the dialogue phase.  
(6) The contracting authority shall send the invitation to tender together with the tender 
documentation, which contains all necessary elements describing the manner of executing the 
public contract.  
(7) The ti
me limit for the receipt of tenders shall not be less than the minimum period 
established in the dialogue phase agreed with the selected candidates.  
Article 88 
The invi
tation to tender shall in particular contain:  
- the reference number of the contract notice;  
- time limit for the receipt of tenders;  
- address where tenders are to be submitted; and  
- date and place of the opening of tenders.  
Section 4 
Negotiated procedure with prior publication of a contract notice 
Article 89 
(1) The contracting authority shall conduct a negotiated procedure with prior publication of a 
contract notice:  
- in exceptional cases, when the nature of the works, supplies or services, or the risks 
attaching thereto do not permit a prior overall pricing;  
- for 
services, if the nature of the services is such that the technical specifications cannot 
be established with sufficient precision to permit the award of a contract by selection of 
the best tender in accordance with the rules governing open or restricted procedures; and   
- for 
works which are performed solely for the purpose of research, testing or 
development, and not with the aim of ensuring profitability or recovering the costs 
incurred during the research and development.  
(2) In the procedure outcome report, the commission shall provide detailed explanation of the 
reasons for conducting the negotiated procedure with prior publication of a contract notice, as 
well as the manner of conducting the procedure.  
Article 90 
(1) The time limit for the receipt of requests to participate shall not be less than 30 days as of 
the da te of publication on the ESPP if the estimated value of the public contract, excluding 
VAT, exceeds:  
GPA/ACC/MKD/1 
 
       - 75 -- 130,000 euro in denar equivalent for supplies and services and 4,000,000 euro in denar 
equiva
lent for works with the contracting authorities referred to in Article 4 paragraph 
(1) points a), b) a
nd c) of this Law; or  
- 200,000 eur
o in denar equivalent for supplies and services and 4,000,000 euro in denar 
equivalent for
 works with the contracting authorities referred to in Article 4 paragraph 
(1) points d) and e) of this Law. 
(2) Notwithstanding 
paragraph (1) of this Article, due to reasons of urgency requiring 
execution of the contract within time limits less than the ones determined in paragraph (1) of 
this Article, the contracting authority may accelerate the procedure by reducing the time limit 
for 15 days, at the most.  
Article 91 
If the estimated value of the public contract is below the amount referred to in Article 90 
paragraph (1) of this Law, the time limit for the receipt of requests to participate shall not be 
less than 12 days as of the date  of publishing the contract notice on the ESPP.  
Article 92 
Any
 interested economic operator shall have the right to submit a request to participate in the 
negotiated procedure with prior publication of a contract notice.  
Article 93 
(1) 
Before starting the negotiations, the contracting authority shall select a certain number of 
candidates to participate in the negotiations solely on the basis of the selection criteria.  
(2) After 
evaluating the qualification of the candidates, the commission shall prepare an 
evaluation report regarding the qualification of the candidates and a list of qualified 
candidates.  
(3) On the basis of the report by the commission, the contracting authority shall make a 
decision on the selected candidates to be invited in writing to submit their initial tenders.  
(4) The c
ontracting authority shall state in the contract notice both selection criteria and other 
applicable rules, the minimum number of candidates it intends to select, and, if required, the 
maximum number of candidates.  
(5) The mi
nimum number of candidates indicated in the contract notice shall not be less than 
three.   
Article 94 
(1) The number of selected candidates shall have to be at least equal to the minimum number 
indicated in the contract notice.  
(2) Notwithstanding 
paragraph (1) of this Article, when the number of candidates that meet 
the selection criteria is less than the minimum number indicated in the contract notice, the 
contracting authority may:  
- cancel the negotiated procedure with prior publication of a contract notice ; or  
- conduct the negotiated procedure with prior publication of a contract notice only with 
those candidates that meet the selection criteria, provided that their number is sufficient 
enough to ensure genuine competition.  
Article 95 
GPA/ACC/MKD/1 
 
       - 76 -(1) The contracting authority shall be obliged to send the invitation to submit an initial tender 
to all selected candidates simultaneously.  
(2) The c
ontracting authority, in the negotiation phase, shall not invite an economic operator 
to submit an initial tender, if it has not submitted a request to participate or failed to meet the 
selection criteria.  
Article 96 
(1) The
 invitation to submit an initial tender shall in particular include:  
- the reference number of the contract notice; 
- date and place where the negotiations will be held; 
- time limit for submitting the initial tenders;  
- where necessary, any additional documents which the economic operators have to submit 
with the purpose of verifying the statements or completing the documents submitted in 
the pre-qualification phase in order to prove their qualification; and  
- the c
ontract award criteria in accordance with the provisions of Chapter VII, Section 3 of 
this Law.  
(2) The contracting authority shall send the invitation to submit an initial tender together with 
the tender documentation, which also contains the descriptive documentation.  
(3) The de
scriptive documentation, which is a part of the tender documentation, shall contain 
description of the needs, purposes and constraints of the contracting authority, on the basis of 
which the negotiated procedure with prior publication of a contract notice is initiated.  
Article 97 
(1) 
The contracting authority shall start the negotiation process with each selected candidate 
separately. During the negotiations, all technical, financial and legal aspects of the contract 
shall be deter
mined. For each meeting held, the contracting authority shall keep minutes of 
the issues subject to negotiations and for which an agreement has been reached. The minutes 
shall also be signed by the selected candidate that participated in the negotiation process.  
(2) Each 
selected candidate shall present its initial tender on the negotiations meeting, which 
shall be the starting position for the negotiations, according to the needs, purposes and 
constraints of the contracting authority in compliance with the descriptive documentation.  
(3) During 
the negotiations, the contracting authority shall ensure equal treatment for all 
selected candidates. The contracting authority shall not provide information in a 
discriminatory manner, which could give some of the selected candidates an advantage over 
others.  
(4) The 
contracting authority shall not disclose to the other candidates the solutions proposed 
or other c
onfidential information communicated during the negotiations by the candidate, 
without its consent.  
Article 98 
(1)
 In the tender documentation, the contracting authority may provide for the procedure to 
take place in successive stages in order to reduce the number of initial tenders to be 
negotiated. The reduction of the number of initial tenders shall be made only by applying 
previously determined contract award criteri a.  
GPA/ACC/MKD/1 
 
       - 77 -(2) The contracting authority, on the basis of the contract award criteria, shall conduct the 
negotiations until it determines technically and economically the best tender. The 
negotiations shall continue until each selected candidate states that its previous tender cannot 
be improved.  
(3) The contracting authority shall request from the candidate that offered the best conditions 
during the negotiations to confirm the result from the negotiations by submitting a final 
tender.  
(4) The tenderer shall not alter the conditions agreed during the negotiations in its final 
tender.  
Section 5 
Negotiated procedure without prior publication of a contract notice 
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:  
- 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 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 re
asons 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 wi th; 
2) for public supply contracts:  
- manufac
tured purely for the purpose of research, experimentation, study or 
development, but not for quantity production to establish commercial viability or to 
recover r
esearch 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 extension 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 difficulties in operation and maintenance. The length of 
the additional procurement shall no t exceed three years as of the da te of concluding 
the original contract, and their value cannot exceed 30% of the amount of the 
original contract; and  
- which
 are purchased 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;  
GPA/ACC/MKD/1 
 
       - 78 -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 participate 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, a re necessary for its completion.  
(2) The a
ggregate value of the additional works, unforeseen works and surplus works, or of 
the additional se
rvices 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 procedure without prior 
publication of a contract notice only upon obtaining a prior approval from the Council, except 
for unforese
en works for which prior approval from the Council is not required.  
(4) In the cases referred to in paragraph (1) point 1) indent 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 publication 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 whe
n 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. 
Section 6 
Simplified competitive procedure 
Article 100 
(1) The contracting authority may conduct a simplified competitive procedure with 
publication of a contract notice on the ESPP when the estimated value of the public supply 
and service contract is up to 20,000 euro in denar equivalent, and for public works contracts 
up to 50,000 euro in denar equivalent, VAT excluded. 
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       - 79 -(2) The provisions of this Law shall accordingly apply when conducting simplified 
competitive procedures, unless otherwise regulated by this Section. 
(3) The ti
me limit for the receipt of tenders in case of a simplified competitive procedure 
shall not be less than:  
- five days as of the date of publication of the contract notice on the ESPP, when the 
estimated value of the public contract is up to 5,000 euro in denar equivalent, VAT 
excluded;
 and 
- ten da
ys as of the date of publication of the contract notice on the ESPP, when the 
estimated value of the public supply and service contract is up to 20,000 euro in denar 
equivalent, and 
for public works contracts up to 50,000 euro in denar equivalent, VAT 
excluded.
  
Article 101 
(1) 
In the simplified competitive procedure, the contracting authority shall prepare a 
simplified tender documentation, which shall mandatorily contain technical specifications of 
the subject-matter of the public contract and information on the manner of preparation of the 
tenders and the time limit for their submission.  
Article 101-
a 
(1) When deciding on granting approval for the second time in a simplified competitive 
procedure, the Council may invite the same persons whom it previously engaged to check 
whether it has been acted upon the previous instructions of the Council. 
(2) When deciding on the same request for approval for the second time in a simplified 
competitive procedure, the Council shall be obliged to check whether its instructions given in 
the previous decision have been observed, and to adopt a decision granting approval where it 
shall specify, if necessary, the changes that the contracting authority has to make before 
publishing the contract notice. The contracting authority shall not publish a contract notice in 
accordance with the legal basis for the requested type of approval, if it fails to act as per the 
instructions given in the decision adopted by the Council for the second time. 
Article 102 
(1) Public opening of tenders shall not be carried out when conducting a simplified 
competitive procedure where the estimated value of the public contract is up to 5,000 euro in 
denar e
quivalent, VAT excluded.  
(2) In the sim
plified competitive procedure where the estimated value of the public contract is 
up to 5,000 eur
o in denar equivalent, VAT excluded, the contracting authority shall not ask 
for a tende
r guarantee in the form of a bank guarantee or deposited funds.  
(3) Public
 opening of tenders shall be carried out in the simplified competitive procedure 
where the estimated value of the public supply and service contract is up to 20,000 euro in 
denar e
quivalent, and for public works contracts up to 50,000 euro in denar equivalent, VAT 
excluded, 
where the provisions of Chapter VII Section 1 Subsections 2, 3 and 4 of this Law 
shall accordingly apply.  
(4) In the simplified competitive procedure the economic operators shall confirm their 
personal situation by giving a statement.  
(5) Befo
re the adoption of the decision on selection of the most advantageous tender, the 
economic operator whose tender has been evaluated as the most advantageous shall be 
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       - 80 -obliged to submit to the public procurement commission the documents for verification of its 
personal situation, defined in the simplified tender documentation.  
(6) The publi
c procurement commission shall accept documents for verification of the 
personal situation referred to in paragraph (5) of this Article that have been issued even after 
the day of the public opening of tenders, but no later that the da te of adoption of the decision 
on selection of the most advantageous tender.  
(7) If the economic operator fails to submit the documents referred to in paragraph (5) of this 
Article within the time limit defined by the public procurement commission, or if they are not 
valid or adequate for verification of the personal situation, it shall be deemed that the tenderer 
has withdrawn its tender, which results in the issuance of a negative reference, and the public 
procurement commission shall invite the next ranked economic operator or propose 
cancellation of the procedure.  
(8) Variants shall not be allowed in the simplified competitive procedure.  
Article 103 
(1) The contracting authority shall be obliged to keep records of the simplified competitive 
procedures.  
(2) The contracting authority shall deliver a copy of the records of the simplified competitive 
procedures in an electronic form on the ESPP by no later than 31 July and by 31 January for 
the awarded public contracts concluded in the previous six months.  
Article 104 
The 
Minister of Finance shall prescribe the form and the content of the contract notice, the 
notice on cancellation of the procedure and the form of the records of the simplified 
competitive procedures. 
Section 7 
De
sign contest 
Article 105 
In accordance with Article 21 paragraph (3) of this Law, the contracting authority shall 
organise a design contest, as a separate procedure with prizes, or as a part of the procedure 
for awarding a public service contract.  
Article 106 
The 
contracting authority shall state in the contest documentation all the information, 
requirements, rules or criteria in order to provide the potential participants with correct and 
complete information regarding the design contest.  
Article 107 
The c
ontest documentation shall in particular include:  
- information about the contracting authority; 
- instructions regarding the time limit and the requirements to be met for participation in 
the contes t; 
- minimum qualification requirements determined by the contracting authority, as well as 
the documents that are to be delivered by the participants in order to prove that they have 
met the requirements, if the contest is part of a procedure leading to the award of a public 
service contract;  
GPA/ACC/MKD/1 
 
       - 81 -- all requirements necessary for the participants to prepare and present their plans and 
projects; 
- amount of the prizes to be awarded, if the design contest is organised as a separate 
procedure; 
- obligation of the contracting authority to conclude a public service contract with the best 
ranked participant or with one of the best ranked participants, when the contest is 
organised as part of a procedure leading to the award of a public service contra ct; and  
- detailed and complete information regarding the criteria to be applied for selection of the 
best ranked project or projects.  
Article 108 
(1) 
The time limit for the submission of plans or projects shall not be less than 35 days as of 
the da te of dispatch of the contract notice for publication in the “Official Gazette of the 
Republic of Macedonia” and on the web page of the Bureau.   
(2) The 
content of the plans and projects submitted shall remain confidential until the expiry 
of the time limit for their submission.  
Article 109 
Arti
cles 60 and 61 of this Law shall appropriately apply if the contracting authority requires 
from the economic operators to send the plans or projects by using electronic means.  
Article 110 
(1) If the contest is part of a procedure leading to the award of a public service contract, the 
contracting authority may require, within the contest documentation, the fulfilment of 
minimum requirements by the participants in order to prove their qualification for 
performance of the contract. 
(2) The numbe
r of selected participants shall have to be sufficient to ensure genuine 
competition.  
Article 111 
(1) The
 assessment of the plans or projects submitted at the design contest shall be carried out 
by a jury appointed by the contracting authority. The jury shall be composed of at least three 
members who are independent of the participants and are persons with relevant professional 
qualification and experience in that field.  
(2) Whe
n the participants in the design contest are required to have a particular professional 
qualification, at least a third of the members of the jury shall have that qualification or an 
equivalent qualification.   
Article 112 
(1) 
Anonymity of the participants must be observed until the jury has reached its opinion or 
decision.  
(2) The jury sh
all be autonomous in the adoption of its decisions.  
Article 113 
(1) 
The jury shall examine the plans and projects submitted on the basis of the evaluation 
criteria indic
ated in the contest notice.  
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       - 82 -(2) The jury shall submit a report to the contracting authority and to the participants, signed 
by all
 its members, which shall comprise the ranking of the plans or projects based on their 
qualitative evaluation, the specific remarks, as well as, where necessary, list of issues that 
need to be clarified.  
Article 114 
(1) The jury may invite the participants in the contest to answer the questions referred to in 
Article 113 paragraph (2) of this Law in order to clarify any aspects concerning the proposed 
plan or project. 
 
(2) The jury shall keep minutes of the discussions conducted in accordance with the 
provisions referred to in paragraph (1) of this Article.  
Chapter VI 
S
pecial methods for awarding public contracts  
Section 1  
Frame
work agreement 
Article 115 
(1) The contracting authority shall conclude a framework agreement by conducting an open 
or restricted procedure.  
(2) Notwithstanding paragraph (1) of this Article, only in certain cases in accordance with 
this Law, the contracting authority may conclude a framework agreement by conducting 
other procedures.  
(3) The contracting authority shall not use framework agreements in order to prevent, restrict 
or distort competition.  
Article 116 
(1)
 The contracting authority may conclude a framework agreement with duration appropriate 
to the nature of the subject-matter of the contract, but for no longer than two years, except in 
the procurement of tests which include control, calibration and consumables for laboratory 
medical activity, where the framework agreement may be concluded for a period of up to 
three years.  
(2) The public contracts awarded on the basis of a framework agreement shall be concluded 
between the contracting authority and the economic operator which is a party to the 
respective agreement.  
(3) The contracting authority shall not award public contracts the subject-matter of which is 
procurement of services, supplies or works not foreseen in the framework agreement.  
(4) The c
ontracting authority shall prescribe the minimum selection criteria of the candidates 
or the tende
rers on the basis of the estimated value of the largest public contract that is to be 
awarded in the duration of the framework agreement. 
Article 117 
(1) When the contracting authority concludes a framework agreement with one economic 
operator, the agreement shall particular ly include:  
- the obligations assumed by the economic operator in accordance with the technical 
proposal; 
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       - 83 -- the unit price that the economic operator has envisaged in the financial proposal, which 
is the basis for calculating the price of each public contract to be awarded based on the 
agreement ; and  
- where necessary, special conditions and formulas for determining the differences in the 
price.  
(2) The contracting authority shall award public contracts on the basis of the framework 
agreement by fulfilling the technical and financial conditions, as well as the maximum 
quantities envisaged in the framework agreement.  
(3) Whe
n awarding a public contract on the basis of a framework agreement, the contracting 
authority shall inform the economic operator in writing.  
Article 118 
(1) 
When the contracting authority concludes a framework agreement with several economic 
operators, their number shall not be lower than seven.  
(2) Notwithstanding
 paragraph (1) of this Article, the contracting authority may conclude a 
framework agreement with less than seven economic operators solely upon a prior approval 
of the Council.  
(3) The 
framework agreement concluded contrary to the provisions of this Article shall be 
deemed null and void. 
Article 119 
(1) When the contracting authority concludes a framework agreement with more than one 
economic operator, the agreement shall particular ly include:  
- the obligations assumed by each economic operator in accordance with the technical 
proposal;  
- the unit price stipulated by each economic operator in the financial proposal;  
- where 
necessary, special conditions and formulas for determining the differences in the 
price ; and  
- other elements considered as necessary by the contracting authority.  
(2) The 
contracting authority shall award public contracts on the basis of a framework 
agreement concluded with more than one economic operator:  
- without reopening competition; or  
- by
 reopening competition among all economic operators which are a party to the 
framework agreement. 
(3) In the 
cases referred to in paragraph (2) indent 2 of this Article, the framework agreement 
shall also include conditions:  
- that remain fixed for the entire duration of the agreement; and  
- that will be subject to reopening competition.  
(4) The
 contracting authority may award a public contract in accordance with paragraph (2) 
indent 1 of this Article only if all conditions regulating the award of the contract are laid 
down in the framework agreement, whereby the contract is awarded pursuant to the initially 
defined conditions and tenders submitted before the conclusion of the framework agreement. 
If the tenderer that has submitted the best tender is not able to perform the contract in 
GPA/ACC/MKD/1 
 
       - 84 -question, the public contract shall be concluded with the next available tenderer that has 
submitted the best tender and which is a party to the framework agreement. Within a period 
of five 
days as of the da te of conclusion of the contract, the contracting authority shall submit 
a contract award notice on the basis of the framework agreement to all tenderers that are 
parties to the framew
ork agreement.  
(5) The c
ontracting authority may award a public contract in accordance with paragraph (2) 
indent 2 of this Article, in the cases when all conditions for awarding a public contract are not 
laid down 
in the fr
amework agreement, by reopening competition and conducting an 
electronic auction, where the tenderers shall re-tender based on the same conditions, and, 
where necessary, with more precisely formulated conditions laid down in the framework 
agreement. 
Article 120 
(1) When awarding a public contract on the basis of Article 119 paragraph (2) indent 2 of this 
Law, the c
ontracting authority shall reopen the competition according to the following 
procedure:  
- for every public contract, the contracting authority shall submit a written request to all 
tenderers that are a party to the framework agreement, for the purpose of collecting 
tenders;  
- the contracting authority shall determine a reasonable time limit which shall not be less 
than eight working days for supplies and works, or three working days for services, 
taking into account the complexity of the subject-matter of the contract and the time 
needed for preparation and submission of the tenders;  
- the tende
rs shall be submitted in writing and the contracting authority shall open them 
within the determined time limit. The content of the tenders shall remain confidential 
until the contracting authority informs the tenderers on the selection made; and  
- the c
ontracting authority shall award each public contract to the tenderer that has 
submitted the best tender on the basis of the award criteria laid down in the framework 
agreement.  
(2) The invitation to t
ender when reopening competition shall contain in particular:  
- information re
garding the quantities and special conditions that constitute the subject-
matter of the contract to be awarded;  
- information on
 the elements that are subject to reopening competition in accordance with 
the award criteria defined in the tender documentation for the framework agreement ; and  
- information on the time limit for the receipt of tenders and the manner of their 
submission.  
(3) Within a period of five days as of the da te of conclusion of the contract, the contracting 
authority shall submit a contract award notice pursuant to the framework agreement to all 
tenderers that have participated in the procedure with reopening competition.  
Section 2 
E
lectronic auction 
Article 121 
(1) The contracting authority may use an electronic auction:  
GPA/ACC/MKD/1 
 
       - 85 -- as a final phase in an open procedure, restricted procedure, competitive dialogue 
procedure or in a simplified competitive procedure; or  
- when 
reopening competition among the economic operators which are a party to the 
framework agreement in accordance with Article 119 paragraph (5) and Article 120 of 
this Law.  
(2) The contracting authority shall indicate the use of an electronic auction in the contract 
notice and in  the tender documentation.  
(3) The c
ontracting authority shall be obliged to use an electronic auction in the competitive 
dialogue procedures. 
Article 122 
The contracting authority shall not use electronic auctions in order to prevent, restrict or 
distort c
ompetition, or change the subject-matter of the contract laid down in the contract 
notice and in  the tender documentation.  
Article 123 
(1) Elec
tronic auction shall not be mandatory for awarding public contracts of: 
- consultancy services; 
- intellectual services for conceptualising, designing and developing design and other 
creative solutions; 
- services for conducting studies or surveys; or 
- services and supplies of craftsmen with a total estimated value of 20,000 euro in denar 
equivalent per annum.   
(2) In 
the cases referred to in paragraph (1) of this Article, the contracting authority shall 
provide an 
explanation for the reasons why it was not able to use an electronic auction on the 
ESPP.  
Article 124 
If the contracting authority uses an electronic auction, it shall be obliged to include the 
following in the tender documentation or in the invitation to participate in an electronic 
auction:  
- the part of the tender which is the subject-matter of the electronic auction, provided it can 
be determined and expressed in figures or percentages;  
- the limi
tations of the value up to which the part referred to in paragraph (1) indent 1 of 
this Article can be improved, in accordance with the technical specifications of the 
subject-matter of the contract; 
- the information 
which is available to tenderers in the course of the electronic auction and 
when this information will be made available;  
- the relevant information concerning the electronic auction process; and  
- the ter
ms and conditions under which the tenderers will be able to auction and, in 
particular, the mini
mum differences allowed in the reverse auction.  
Article 125 
GPA/ACC/MKD/1 
 
       - 86 -(1) Before commencing with an electronic auction, the contracting authority shall conduct a 
full evaluation of the qualification and the initial tenders of the tenderers in accordance with 
the requirements and the criteria referred to in the tender documentation.  
(2) The c
ontracting authority shall invite all tenderers that have submitted acceptable tenders 
to submit new prices or new values for the part of the tender that is the subject-matter of the 
electronic a
uction. The invitation shall be simultaneously submitted to all tenderers by using 
electronic means.  
(3) The starting date and time of the electronic auction, the manner of conducting the auction, 
as well as any relevant information concerning the connection to the electronic means used 
shall be stated in the invitation.  
(4) If 
the contract award criterion is the most economically advantageous tender, the 
invitation shall also state the outcome of the full evaluation of the relevant initial tender of the 
tenderer to which the
 invitation is sent. 
(5) The e
lectronic reverse auction may start no sooner than two days following the date on 
which the invitations to participate in the electronic auction are sent.  
Article 125-a
 
(1) In case when only one acceptable tender was submitted or only one acceptable tender 
remained, the contracting authority shall mandatorily invite the single tenderer to submit a 
final price through the ESPP. 
(2) In the cases referred to in paragraph (1) of this Article, the invitation to the single tenderer 
shall particularly contain the following: 
- identification of the part of the tender for which a final price shall be submitted; 
- information that will be available to the tenderer prior to the submission of the final 
price; and 
- time for 
submission of the final price, which cannot be sooner than 48 hours from the 
dispatch of the invitation. 
(3) The single te
nderer shall submit the final price at the time set out in paragraph (2) indent 3 
of this Article only once, and if it fails to submit a final price, the initially offered price shall 
be deemed as final. 
Article 126 
(1) Subject to an electronic auction may be the following: 
- only the price, when the contract award criterion is the lowest price only; or  
- the price
 or the new values of the part of the tender that is subject to the e lectronic 
auction indicated in the tender documentation, if the contract award criterion is the most 
economically advantageous tender.  
(2) The electronic auction may be conducted in several successive rounds.  
Article 127 
(1) During each round of the electronic auction, the contracting authority shall deliver to all 
the economic operators the information needed to determine, at any time, their ranking. The 
contracting authority may also deliver other information in connection with: 
- the number of participants in the respective round of the electronic auction ; and  
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       - 87 -- the new prices or values that have been submitted in the respective round of the 
electronic auction by the other tenderers, provided that the tender documentation 
envisages such possibility.  
(2) When conducting the rounds of the electronic auction, the contracting authority shall not 
disclose the identity of the tenderers.  
Article 128 
(1) The electronic auction shall be closed in one or more of the following manners:  
- at a
 previously indicated time for which the tenderers have been informed in the 
invitation referred to in Article 125 paragraph (2) of this Law;  
- when the 
number of rounds set out in the invitation referred to in Article 125 paragraph 
(2) of this Law has been met, where the invitation also includes a time frame for each 
round; or 
 - when new prices or new values that meet the requirements concerning the minimum 
differences are no longer received, where the contracting authority has stated in the 
invitation the time that is allowed to elapse after receiving the last tender before the 
electronic auction is closed.  
(2) The c
ontracting authority shall award the public contract in accordance with Article 162 
of this Law on the basis of the results obtained after closing the electronic auction.  
Chapter VII 
Aw
arding the public contract 
Section 1 
Tenders and variants 
Subsection 1 
Preparation and submission of tenders and variants 
Article 129 
(1) The tenderer shall prepare the tender in accordance with the tender documentation.  
(2) The tend
erer shall mandatorily submit a statement stipulating under full material and 
criminal liability that it has submitted the tender independently, without agreement with other 
economic operators contrary to the regulations on protection of competition, as well as that it 
does not participate in the same procedure, or in the same part of a procedure, with other 
economic operators with which it is related by capital, ownership or kinship. 
(3) The statement from paragraph (2) of this Article shall be signed exclusively by the 
responsible person, it shall be submitted together with the tender in each procedure separately 
and it cannot be subsequently submitted after the expiry of the time limit for the receipt of 
tenders. 
(4) If the contracting authority has cognizance that the indications from the statement referred 
to in paragraph (2) of this Article are false, it shall forthwith inform the competent 
authorities. 
(5) The tender shall be binding for the entire validity period determined by the contracting 
authority.  
GPA/ACC/MKD/1 
 
       - 88 -(6) In exceptional cases, the contracting authority may require from the tenderers to extend 
the validity period of the tenders.  
Article 130 
(1) The contracting authority may extend the time limit for the receipt of tenders when the 
tenders cannot be prepared without a site visit, as well as in the case when the contracting 
authority is not able to deliver the tender documentation or the answers to the submitted 
requests for clarifications within the time limits laid down in this Law, even though they have 
been requested in a timely manner. In that case, the contracting authority shall extend the 
time limit for the receipt of tenders for a period that enables all interested tenderers to obtain 
complete and relevant information for the preparation of the tender, for which they shall be 
informed in writing by the contracting authority.  
(2) The risks 
associated with the submission of the tender, including the force majeure, shall 
be borne by the tenderer.  
(3) The tender submitted following the expiry of the time limit for the receipt of tenders shall 
be rejected as late and shall be returned to the tenderer unopened.  
(4) The content of the tenders shall remain confidential until the date of their opening.  
Article 131 
(1) 
Whe re the contract award criteria is the most economically advantageous tender, the 
contracting authority may allow the tenderers to submit variant s.  
(2) The contract notice shall mandator ily indicate whether the submission of variants is 
allowed, otherwise 
the variants shall not be taken into consideration.  
Article 132 
(1) The contracting authority that allows the submission of variants shall define in the 
technical specifications the minimum mandatory requirements that these tenders have to 
meet, as well as all other specific requirements in connection with their submission.  
(2) The contracting authority shall not consider the variants that do not meet the minimum 
requirements referred to in paragraph (1) of this Article.  
Article 133 
I
f the contracting authority allows submission of variants, it shall not reject a variant , if 
declared successful, on the sole ground that:  
- the public
 supply contract according to the variant selected as the best tender is 
transformed into a public service contract; or  
- the public
 service contract according to the variant selected as the best tender is 
transformed into a public supply contract.  
Article 134 
(1) 
The tenderer shall submit the tender with price including all costs and discounts to the 
total price of the tender, excluding VAT that is shown separately, in denar or in currency as 
specified in the te
nder documentation. The tender price shall be expressed both in figures and 
words.  
(2) In
 the case of public contracts for consultan cy services, the technical and financial 
proposals shall be submitted in separate envelopes or in separate electronic documents 
provided that the procedure is conducted by using electronic means.  
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       - 89 -(3) The tender price shall be expressed for the total subject-matter of the public contract. If 
the subject-matter of the contract is divided into lots, the price of the tender shall be 
expressed separately for the respective lot of the subject-matter of the contract for which the 
tender is submitted, in accordance with the tender documentation.  
(4) The c
ontracting authority shall specify in the tender documentation the currency or 
currencies in which the price of the tender can be expressed, as well as the currency that is to 
be used during the evaluation of tenders. The exchange rate list to be used shall be that of the 
National B
ank of the Republic of Macedonia, and the exchange rates shall be the ones that 
have been valid 14 days prior to the time limit for the receipt of tenders.  
Article 135 
(1) 
The tenderer may amend, replace or withdraw its tender before the expiry of the time 
limit for the receipt of tenders.  
(2) The e
nvelopes for amendment, replacement or withdrawal of the tender shall be delivered 
sealed with an appropriate mark ‘amendment ’, ‘replacement ’ or ‘withdrawal ’, and they shall 
be delivered in the same manner as the tenders.  
Subs ection 2 
Pu
blic opening of tenders 
Article 136 
(1) The opening of tenders in the open procedure, the second phase of the restricted 
procedure and the phase of submission of tenders in the competitive dialogue shall be public.  
(2) The publi
c opening of tenders shall commence at a place and time indicated in the tender 
documentation as the time limit for submission of the tenders, except for the procurement of 
consultan cy services.  
(3) No tender shall be rejected in the course of the public opening of tenders, except the ones 
submitted after the time limit for the receipt of tenders.  
(4) Befo
re the beginning of the opening of tenders, the commission shall establish the number 
of received tenders, check the authorisations of the authorised representatives, and determine 
the amendments, replacements or withdrawals of the tenders, as well as whether the tenders 
were submitted in due time and pursuant to the prescribed formalities.  
(5) At the public opening of tenders, the following shall have to be read mandatorily:  
- the reference number of the contract notice;  
- the name of the tenderer;  
- the tender price and the currency in which the tender is expressed;  
- the possible discount ; and  
- the guarantee offered.  
(6) The c
ontracting authority may define in the tender documentation other elements to be 
read during the public opening.  
Article 137 
(1) The commission shall commence the public opening of tenders even if only one tender 
has been received.  
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       - 90 -(2) In the public contract for consultan cy services, the commission shall evaluate the 
technical proposals first, and after the evaluation of the technical proposals in accordance 
with the requirements referred to in the tender documentation, it shall schedule a public 
opening of the financial proposals of the acceptable tenderers, and all tenderers shall have to 
be informed about the date, time and place of the public opening of the financial proposals.  
Article 138 
(1) The representatives of the tenderers shall have to submit a written authorisation from the 
tenderer for their participation in the public opening of tenders.  
(2) The commission shall keep records of the authorised representatives of the tenderers who 
participate in the public opening of tenders. 
Article 139 
(1) 
The commission shall be obliged to take minutes of the procedure of public opening of 
tenders, wherein the following information shall be entered:  
- the contracting authority;  
- the time and place of the public opening of tenders;  
- the reference number of the contract notice;  
- the name and surname of the members of the commission;  
- the number of tenders received (including the tenders which are withdrawn, replaced and 
amended);  
- the number of late tenders;  
- the name of the tenderers;  
- the submitted tender guarantees, if required;  
- the offered tender prices and discounts;  
- the comments of the tenderers; and  
- other information considered as useful.  
(2) The minutes shall be signed by all members of the commission, except when the 
procedure is conducted in electronic form, where the minutes are signed only by the 
Chairperson of the commission or his deputy.  
(3) A cop
y of the minutes of the public opening of tenders shall be delivered to all tenderers 
that have so requested and the tenders of which have been opened on the public opening of 
tenders, within five days as of the date  of receipt of the request for delivery of the minutes.  
(4) The Mi
nister of Finance shall prescribe the procedure for opening of tenders and the form 
for keeping the minutes of the opening of tenders.  
Subs ection 3 
Evaluation of tenders 
Article 140 
(1) Tenders which were not opened on the public opening of tenders cannot be subject to 
evaluation.  
(2) Before commencing the evaluation of tenders, the commission shall mandatorily verify 
whether a negative reference has been published for the tenderers by the expiry of the time 
GPA/ACC/MKD/1 
 
       - 91 -limit for the receipt of tenders, and it shall accordingly document that as a part of the 
procedure dossier. The commission shall only verify the validity and completeness of the 
qualification documents of those tenderers for which no negative references have been 
published, namely within five working days as of the closing date for the receipt of tende rs, 
or ten working days in procurement with estimated value exceeding one million euro in denar 
equivalent excluding VAT.  
(3) The c
ommission shall mandatorily require from the tenderers to clarify or supplement the 
qualification documents within the time limit referred to in paragraph (2) of this Article. The 
commission shall not create advantages in favour of a certain economic operator by using the 
requested clarifications or supplements. 
(4) No cha
nges in the technical and financial proposal shall be required, offered or permitted 
by the commission, except for a clarification of the tender upon a previous written request by 
the commission and correction of arithmetical errors.  
(5) The c
ommission shall set the time limit for submitting an additional clarification and 
supplement, which shall not be less than five working days, or three working days in a 
simplified competitive procedure as of the da te of receipt of the request by the tenderer.   
(6) The commission may directly require from the tenderer, for the purpose of clarifying the 
tender, to translate the part of the tender connected with the technical documentation for 
which it allowed, in the tender documentation, to be prepared in a foreign language, and to 
determine a reasonable time limit for completion of such requirement.  
(7) The commission shall not evaluate the unacceptable tenders.  
(8) The evaluation of the tenders shall be conducted only by applying the criteria stated in the 
tender documentation and published in the contract notice.  
(9) After the evaluation, the commission shall rank the tenders and prepare a proposal 
regarding the selection of the best tender.  
(10) The membe
rs of the commission who do not agree with the proposal for selection of the 
best tender, shall state their opinion in writing prepared as a comment attached to the 
procedure outcome report.  
(11) If 
the State Appeals Commission on Public Procurement adopts a decision whereby the 
procedure shall be subject to re-evaluation, the commission shall be obliged to conduct th e 
re-evaluation within five working days as of the date of receipt of the decision by submitting 
a proposal for selection or cancelation of the procedure to the responsible person, not 
counting the days for conducting the electronic auction. 
(12) In the cases referred to in paragraph (11) of this Article, the commission shall not reject 
a tender on the grounds that its validity period has expired without requesting the tenderer to 
extend the validity period. 
Article 141 
When evaluating the requests to participate and the tenders in a restricted procedure, 
negotiated procedure and competitive dialogue, the commission shall accordingly apply the 
provisions referred to in Article 140 of this Law.  
Subsection 4 
Pr
ocedure outcome report 
Article 142 
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       - 92 -(1) The commission shall prepare a written procedure outcome report in the open procedure, 
restricted procedure, negotiated procedure and competitive dialogue procedure.  
(2) Depending on the conducted procedure, the report referred to in paragraph (1) of this 
Article shall in particular contain:  
- the name 
and address of the contracting authority, the subject-matter and estimated value 
of the public contract or the framework agreement;  
- the names of the successful candidates or tenderers and the reasons for their selection;  
- the na
mes of the candidates or tenderers whose requests to participate or tenders have 
been rejected and the reasons for their rejection;  
- the reasons for the rejection of tenders found to be abnormally low; and  
- the 
name of the tenderer or tenderers whose tender is selected as the most advantageous 
and the manner and reasons of the selection.  
(3) The 
report for determining the qualification of candidates in restricted procedure, 
competitive dialogue and negotiated procedure with prior publication of a contract notice 
shall be an integral part of the procedure outcome report.  
(4) The c
ontracting authority shall be obliged to undertake all necessary measures to 
document the conduct of the contract award procedure by using electronic means.  
(5) Durin
g the selection of the most advantageous tender, the responsible person shall be 
obliged to accept the report of the commission containing the proposal for selection of the 
most advantageous tender, unless he/she determines that the proposal has been prepared 
contrary to the provisions of this Law. 
(6) The responsible person at the contracting authority shall adopt a decision on selection of 
the most advantageous tender.  
(7) The Minister of Finance shall prescribe the form at and content of the form for the 
procedure outcome report referred to in paragraph (1) of this Article.   
(8) The e
conomic operators that have participated in the procedure shall have right to inspect 
the procedure outcome report.  
Section 2
 
Determining the qualification 
Subsection 1 
Selection criteria 
Article 143 
(1) Selection criteria for the economic operators shall be the following:  
- personal situation;  
- suitability to pursue the professional activity;  
- economic and financial standing;  
- technical or professional abilit y;  
- quality assurance standards ; and  
- environmental management standards.  
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       - 93 -(2) The economic operators may use the profile of an economic operator on the ESPP to 
prove certain selection criteria provided on the ESPP in the procedures carried out by using 
electronic means. 
Article 144 
(1) For the purpose of applying the selection criteria referred to in Article 143 paragraph (1) 
indents 3 and 4 of this Law, the contracting authority shall state in the tender documentation 
the minimum requirements that have to be fulfilled by the economic operators in order to 
qualify in accordance with Subsections 4 and 5 of this Section.  
(2) The c
ontracting authority shall not require fulfilment of certain selection criteria of the 
economic operators that are disproportionate and are not directly linked to the subject-matter 
of the public contract.  
(3) In case of a group of economic operators, all members of the group shall individually 
prove their personal situation and the suitability to pursue the professional activit y.  
(4) When awarding a public service contract for transport of passengers, the subcontractor 
shall have to fulfil the same selection criteria envisaged for the tenderer. 
(5) When awarding a public service contract for transport of passengers, the subject-matter of 
the contract shall mandatorily be formed in lots, and each route shall represent a separate lot. 
(6) The economic operator or the group of economic operators may submit a tender in the 
contract award procedure for passenger transport services for as many routes as the number 
of available vehicles they have for a specific scheduled passenger transport, and they have to 
fulfil the minimum technical and exploitation standards set out in the tender documentation. 
Subsection 2 
Personal situation of the economic operator 
Article 145 
(1) 
As a proof of meeting the selection criteria regarding the personal situation of the 
economic operator, the contracting authority shall be obliged to accept all documents from 
the country where the economic operator is registered, issued by the competent authorities of 
that country.  
(2) If the country wherein the economic operator is registered does not issue the documents 
referred to in Article 147 paragraph (2) of this Law, or if these documents do not cover all 
cases referred to in Article 147 of this Law, the contracting authority shall accept a statement 
of the economic operator certified by a competent authority.  
Article 146 
The 
contracting authority shall exclude any economic operator from the contract award 
procedure if it has any information that, in the last five years, the economic operator has been 
the subject 
of a conviction by final judgment for participation in a criminal organisation, for 
corruption, fraud or money laundering.  
Article 147 
(1) The contracting authority shall exclude any economic operator from the contract award 
procedure where that economic operator:  
- is under a bankruptcy or liquidation procedure;  
GPA/ACC/MKD/1 
 
       - 94 -- has unpaid taxes, contributions or other public duties, unless the economic operator is 
approved delayed payment of taxes, contributions or other public duties, in accordance 
with the special regulations and it pays them on a regular basis;  
- ha
s be
en imposed a secondary sentence involving prohibition to participate in open call 
procedures, procedures for awarding public contracts and contracts for public private 
partnership;  
- has been imposed a secondary sentence involving temporary or permanent prohibition to 
pursue a certain activity;  
- has b
een the subject of a misdemeanour sanction involving prohibition to pursue a 
profession, activity or duty, or a temporary prohibition for pursuing a particular activity ; 
or 
- presents false information or does not submit the information required by the contracting 
authority.  
(2) The economic operator shall submit the following documents for the purpose of 
proving its personal situation:  
- a state
ment by the economic operator that it has not been the subject of a conviction by 
final judgment for participation in a criminal organisation, for corruption, fraud or money 
laundering in the
 last five years;  
- certificate by a competent authority that a bankruptcy procedure has not been initiated;  
- certificate by a competent authority that a liquidation procedure has not been initiated;  
- certific
ate by a competent authority from the country where that economic operator is 
registered for paid taxes, contributions and other public duties;  
- certific
ate by the Register of sentences for committed crimes of legal entities that the 
economic operator has not been imposed a secondary sentence involving prohibition to 
participate in open call procedures, procedures for awarding public contracts and 
contracts for public private partnership; 
- certificate by the Register of sentences for committed crimes of legal entities that the 
economic operator has not been imposed a secondary sentence involving temporary or 
permanent prohibition to pursue a certain activity; and  
- ce
rtificate that the economic operator has not been the subject of a misdemeanour 
sanction pronounced by a final judgment involving prohibition to pursue a profession,  
activity or duty, or a temporary prohibition for pursuing a particular activity.  
(3) The do
cuments referred to in paragraph (2) of this Article shall not be older than six 
months, and they shall be submitted in original or copies verified by the economic operator.  
(4) If
 the contracting authority has doubts about the documents aimed at establishing the 
personal situation of the economic operator, it may require information directly from the 
competent authorities that have issued the documents aimed at establishing the personal 
situation.  
Subsec
tion 3 
Suitability of the economic operator to pursue a professional activity 
Article 148 
GPA/ACC/MKD/1 
 
       - 95 -(1) The contracting authority shall require from each economic operator to deliver a 
document for registered activity in order to prove it is registered as a natural person or a legal 
entity to pursue the activity related to the subject-matter of the public contract or a proof that 
it belongs to a professional association in accordance with the regulations of the country 
where it is registered.  
(2) When establishing the suitability of the economic operators to pursue the professional 
activity, the contracting authority shall also require a proof issued by a competent authority 
for fulfilment of the special conditions for pursuing the activity prescribed pursuant to the 
Law and which relate to the subject-matter of the contract. 
Subsection 4 
Economic and financial standing of the economic operator 
Article 149 
The contracting authority may require from the economic operator to prove its economic and 
financial standing, where it shall indicate in the tender documentation the documents required 
as a proof.  
Article 150 
(1) The contracting authority may require from the economic operators to provide one or 
more of the following documents as a proof of their economic and financial standing:  
- appropriate bank statements;  
- evidence of relevant professional risk indemnity insurance;  
- balance sheets certified by a competent authority, or audited balance sheets or extracts 
from the balance sheets, where publication of the balance sheet is prescribed by law in 
the country in which the economic operator is registered ; and  
- statement of the undertaking’s overall turnov er (information from the profit and loss 
account issued by a competent authority, or an audited profit and loss account) and, 
where applicable, of the turnover in the area covered by the public contract for a 
maximum of the last three financial years for which such information is available, 
depending on the date on which the undertaking was set up or commenced its operations, 
as far as such information is available. 
(2) If 
for any valid reason, the economic operator is unable to provide the documents required 
by the contracting authority, it may prove its economic and financial standing by any other 
documents which the contracting authority considers appropriate, provided they realistically 
reflect the
 economic and financial standing of the economic operator.  
Article 151 
(1) 
The economic and financial standing of the economic operator may be supported by 
another entity, regardless of the legal relations between the economic operator and that entity , 
except regarding information from the profit and loss account.  
(2) When 
the economic operator proves its economic and financial standing relying on the 
support of another entity in accordance with paragraph (1) of this Article, it shall be obliged 
to prove the support by presenting a valid proof that the entity will make available the 
respective financial resources to the economic operator. The entity that provides the financial 
support shall not be the subject of a conviction by final judgment for participation in a 
criminal organisation, for corruption, fraud or money laundering. 
GPA/ACC/MKD/1 
 
       - 96 -(3) When economic operators submit a joint tender or request to participate, the economic 
and financial standing shall be proven by taking into consideration the resources of each 
member of the group. When the group of tenderers or candidates relies on the financial 
support of a third entity, the economic and financial standing shall be determined in 
accordance with paragraph (2) of this Article.  
Subsection 5 
Technical or professional ability 
Article 152 
(1) The contracting authority may require from the economic operator participating in the 
contract award procedure to prove its technical or professional ability.  
(2) When the contracting authority requires evidence of the technical and professional ability, 
it shall indicate in the tender documentation the documents by which the economic operator 
is to prove the ability.  
Article 153 
(1) 
In the award procedures for public supply contracts, the technical and professional ability 
of the economic operators may be proven in one or more of the following manners:  
- a list of the principal deliveries by the tenderers or the candidates effected in the past 
three years containing sums, dates, purchasers (contracting authorities or economic 
operators), by providing a certificate for the deliveries made issued by the recipients or, 
if such certific
ates cannot be provided due to reasons beyond the control of the economic 
operator, only by its statement regarding the deliveries effected;  
- a desc
ription of the technical facilities and ability of the economic operator, measures 
used to ensure quality and its study and research facilities;  
- a statement on the 
technicians and technical bodies involved, regardless of whether they 
belong directly to the economic operator;  
- where the products to be supplied are complex, or in exceptional cases for special 
purposes, a check shall be carried out by the contracting authority or on its behalf by a 
competent authority of the country in which the economic operator is registered on the 
production capacities of the economic operator or, if necessary, on its study and research 
capacities, as well as on the quality control measures; and    
-
 a notification about the elements of the contract that the economic operator intends to 
subcontract. 
(2) In the award procedures for public service contracts, the technical and professional ability 
of the economic operators may be proven in one or more of the following manners:  
- a list of the principal services of the tenderers or the candidates provided in the past three 
years containing sums, dates, purchasers (contracting authorities or economic operators), 
by providing a certificate for the services provided issued by the recipients or, if such 
certificates 
cannot be provided due to reasons beyond the control of the economi c 
operator, only by its statement regarding the services provided;  
- educa
tional and professional qualifications of the economic operator or of its expert staff 
and, in particular, of the persons responsible for providing the respective service; 
- a state
ment on the technicians and technical bodies involved, regardless of whether they 
belong directly to the economic operator;  
GPA/ACC/MKD/1 
 
       - 97 -- a statement by the economic operator on the average annual manpower and the number 
of managerial staff in the past three years; 
- a statement on the technical facilities and ability of the economic operator and on the 
other resources available to provide the respective services and assure quality;   
- where
 the services to be provided are complex, or in exceptional cases for special 
purposes, a check shall be carried out by the contracting authority or on its behalf by a 
competent authority of the country in which the economic operator is registered on the 
production capacities of the economic operator or, if necessary, on its study and research 
capacities, as well as on the quality control measures; and  
- a notific
ation about the elements of the contract that the economic operator intends to  
subcontract.  
(3) In the award procedures for public works contracts, the technical and professional ability 
of the economic operators may be proven in one or more of the following manners:  
- a list of 
the works executed in the past five years by enclosing a certificate for 
satisfactory execution of the most important works, certificates containing the value, date 
and site 
of the execution of the works and indications whether the works have been 
executed according to the rules of the trade and whether they have been completed 
according to the regulations;  
- educa
tional and professional qualifications of the economic operator or of its managerial 
staff and, in particular, of the persons responsible for execution of the respective works; 
- 
a state
ment on the technicians and technical bodies involved, especially those in charge 
of quality control, regardless of whether they belong directly to the economic operator;  
- a 
statement by the economic operator on the average annual manpower and the number 
of managerial staff in the past three years;  
- a statement on the technical facilities available to the economic operator for the 
execution of the respective works; and  
- a notifica
tion about the elements of the contract that the economic operator intends to  
subcontract.  
Article 154 
(1) The technical and professional ability of the economic operator may be supported by 
another entity, regardless of the legal relations between the economic operator and the entity , 
except in the part of the reference list and the previously concluded contracts.  
(2) If the 
economic operator proves its technical and professional ability relying on the 
support of another entity in accordance with paragraph (1) of this Article, it shall be obliged 
to prove the support by presenting a valid proof that the entity will make available the 
respective technical and professional resources to the economic operator. The entity that 
provides the technical and professional support shall not be the subject of a conviction by 
final judgment for participation in a criminal organisation, for corruption, fraud or money 
laundering.  
(3) When 
economic operators submit a joint tender or request to participate, the technical and 
professional ability shall be proven by taking into consideration the resources of each 
member of the group. When the group of tenderers or candidates relies on the technical and 
professiona
l support of a third entity, or third entities, the technical and professional ability 
shall be determine
d in accordance with paragraph (2) of this Article.  
GPA/ACC/MKD/1 
 
       - 98 -Subsection 6 
Quality assurance standards 
Article 155 
When the submission of certificates issued by independent institutions attesting the 
compliance of the economic operator with certain quality assurance standards is required, the 
contracting authority shall refer to the quality assurance systems based on the relevant 
European standards or international standards.  
Article 156 
Acc
ording to the mutual recognition principle, the contracting authority shall accept the 
equivalent certificates issued by institutions established in the Member States of the European 
Union.  
Subsec
tion 7 
Environmental management standards 
Article 157 
If the contracting authority requires the compliance with certain environmental management 
standards, it shall refer to:  
- the Community Eco-Management and Audit Scheme (EMAS); or  
- the environmental management standards based on the relevant European or international 
standards certified by accreditation institutions or attestation authorities or by the 
relevant European or international bodies accredited for certification.   
Article 158 
Ac
cording to the mutual recognition principle, the contracting authority shall accept the 
equivalent certificates issued by institutions established in the Member States of the European 
Union.  
Section 3 
Contr
act award criteria 
Article 159 
The contracting authority shall be obliged to specify in the contract notice the contract award 
criterion that, once established, shall not be changed throughout the contract award 
procedur
e.  
Article 160 
(1) The lowest price shall be the contract award criterion.  
(2) Notwithstanding 
paragraph (1) of this Article, the most economically advantageous tender 
may be a contract award criterion in the procurement of consultan cy services and other 
intellectual servic es in the procedures for awarding public private partnership contracts, as 
well as in the cases where due to the particularity of the subject-matter of the contract it is 
impossible to precisely determine the quality or other elements as minimum requirements of 
the technical specifications. The most economically advantageous tender criterion shall be 
mandatorily used in the competitive dialogue procedure and in case of variant s.  
(3) The contracting authority shall mandatorily seek approval from the Council before 
publishing the contract notice if it envisages the application of the most economically 
GPA/ACC/MKD/1 
 
       - 99 -advantageous tender criterion, except in the cases when a competitive dialogue procedure is 
conducted or when it allows the submission of variants. 
Article 161 
(1) 
When the contract award criterion is the most economically advantageous tender, th e best 
tender shall be the one that receives the highest score from the different elements having 
maximum relative weightings. 
(2) The e
lements of ‘the most economically advantageous tender ’ criterion referred to in 
paragraph (1) of this Article may be the price, quality characteristics, technical and functional 
characteristics, environmental characteristics, running costs, cost-effectiveness, after-sales 
services and technical assistance, delivery period or period of completion, or other significant 
elements for ev
aluation of the tenders. 
(3) The elements of ‘the most economically advantageous tender ’ criterion, as well as the 
maximum relative weightings for each element separately, shall have to be clearly defined in 
the contract notice, shall be specifically linked to the subject-matter of the public contract 
and, once established, they shall not be changed throughout the contract award procedure.   
(4) The c
ontracting authority shall be obliged to provide an explanation in the tender 
documentation as to how it intends to score and apply the elements of ‘the most ec onomically 
advantageous tender ’ criterion.  
(5) The 
methodology for expressing the contract award criteria into weightings shall be 
prescribed by the Minister of Finance. 
Section 4 
Aw
ard of the public contract 
Article 162 
(1) The contracting authority shall select the best tender, and shall adopt a decision thereof, 
on the basis of the contract award criterion determined in the contract notice and in the tender 
documentation, provided that the tenderer that has submitted the best tender meets the 
prescribed selection criteria.  
(2) The 
contracting authority shall be obliged to adopt a decision for selection or cancellation 
of the procedure in a time limit that is not longer than the time limit for the receipt of tenders 
or requests to participate in the specific procedure, counting from the day determined as the 
closing date for the receipt of tenders or requests to participate.  
Article 163 
(1) 
When a particular tender contains an abnormally low price, which is significantly lower 
than the actual market price which raises doubts as to whether the contract will be performed, 
the contracting authority shall request from the tenderer, in writing and before rejecting the 
tender, deta
ils of the tender which are considered to be relevant, and it shall check the proofs 
that have been submitted as a justification for the prices of the tender.  
(2) The 
contracting authority shall take into consideration the proof submitted by the tenderer 
in accordance with paragraph (1) of this Article, in particular those referring to:  
- the economic basis for the price setting which reflects the manufacturing process or the 
services provided; 
GPA/ACC/MKD/1 
 
       - 100 -- the technical solutions chosen or any other exceptionally favourable conditions available 
to the tenderer for the execution of the works, or for the supply of the products or 
services; 
- the originality of the products, services or works offered by the tenderer;  
- the compliance with the regulations relating to employment protection and working 
conditions during the execution of works, the provision of services, or the delivery of 
supplies; 
- the possibility for the tenderer to use state aid.  
Article 164 
(1) When the contracting authority establishes that a tender is abnormally low because the 
tenderer has obtained state aid, the tender may be rejected on that ground alone, only if, after 
requesting additional clarifications, the tenderer failed to prove that the state aid was granted 
legally within three days as of the da te of receiving the request.  
(2) When the contracting authority rejects a tender on the basis of paragraph (1) of this 
Article, it shall be obliged to send a notification to the Bureau.  
Article 165 
(1) 
The contracting authority shall conclude the public contract with the tenderer that 
submitted the best tender on the basis of its technical and financial proposal, within the 
validity period of the tender.  
(2) If the winning tenderer withdraws from concluding or performing the contract, the 
contracting authority may conclude the contract with the next ranked tenderer, or may cancel 
the procedure.  
(3) The contracting authority shall be obliged to keep the documents on the basis of which the 
best tender has been selected.  
Article 166 
Any person having legal interest in connection with the public procurement procedure or the 
public contract, including the state attorney, may request initiation of a procedure for 
proclaiming nullity of the public contract s.  
Section 5 
Notifying candidates or tenderers 
Article 167 
(1) The contracting authority, depending on the type of contract award procedure used, shall 
notify the candidates, or the tenderers, in writing, about the decisions made in connection 
with the conducted pre-qualification, the award of the public contract, 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 of adoption of the respective decision.  
(2) A copy o
f the respective decision shall be enclosed to the notification.  
(3) The notific
ation referred to in paragraph (1) of this Article shall be sent in writing.  
(4) The for
m and content of the notification referred to in paragraph (1) of this Article shall 
be prescribed by the Minister of Finance.  
Article 168 
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       - 101 -Depending on the type of contract award procedure, the contracting authority shall be 
obliged, in the notification referred to in Article 167 paragraph (1) of this Law, to inform the 
winning tenderer or tenderers, as well as the candidates or tenderers that have been rejected 
or the tender of which has not been selected as the most advantageous, about the reasons for 
adopting the decision, as follows:  
- any unsuccessful candidate of the reasons for the rejection of its request to participate;  
- an
y unsuccessful tenderer of the reasons for the rejection of its tender, with a detailed 
explanation as to why the tender is unacceptable; and  
- any
 tenderer that has submitted an acceptable tender which was not selected as the most 
advantage
ous of the name of the winning tenderer or tenderers and the reasons for the 
selection.  
Section 6 
Cance
llation of the contract award procedure 
Article 169 
(1) The contracting authority may cancel the contract award procedure if:  
- the number of candidates is less than the minimum number envisaged in the contract 
award procedures in accordance with this Law;  
- no tender or no acceptable tenders have been submitted;  
- no suitable tenders have been submitted in a procedure where the subject-matter of the 
contract is composed of one lot, as well as in the procedures where the subject-matter of 
the contract is composed of more lots and where the suitability of the tenders may be 
determined; 
- acceptable tenders have been submitted, but they cannot be compared due to different 
approaches in the financial or technical proposals;  
- unforeseeable changes occurred in the budget of the contracting authority;  
- the tendere
rs have offered prices and conditions for performance of the public contract 
which are less favourable than the real prices and conditions on the market;  
- it a
ssesses that the tender documentation contains important omissions or deficiencies , 
until the opening of tenders;  
- due to
 unforeseeable and objective circumstances the needs of the contracting authority 
have changed; or  
- the c
ontracting authority cannot select the best tender due to major violations to the Law 
in accordance with Article 210 of this Law.  
(2) In case of cancellation of the contract award procedure pursuant to paragraph (1) indent 8 
of this 
Article, the contracting authority shall not conduct a new procedure for the same 
subject-matter of the contract, within a period of six months as of the da te of adoption of the 
decision on cancellation of the procedure.  
(3) The r
esponsible person at the contracting authority shall adopt a decision on cancellation 
of the contract award procedure.  
Article 170 
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       - 102 -(1) Within three days as of the date of cancellation at the latest, the contracting authority shall 
notify in writing all participants in the contract award procedure on the termination of the 
obligations of the participants arising from the submission of their tenders, as well as on the 
reasons for cancellation of the procedure.  
(2) The contracting authority shall publish a notice for cancellation of the contract award 
procedure on the ESPP within 30 days as of the da te of cancellation of the procedure.  
Chapter VIII 
Completion of the contract award procedure 
Article 170-a 
(1) The contract award procedure shall be completed on the day of the legal validity of the 
decision on selection or cancellation of the procedure.  
(2) As soon as the procedure is completed, the contracting authority shall return the samples, 
models and documents envisaged to be returned to the tenderers in the tender documentation.  
Article 171 
The 
contracting authority shall be obliged to keep a dossier of the procedure for each public 
contract awarded or framework agreement concluded.  
Article 172 
The
 contracting authority shall keep the dossier of the contract award procedure for at least 
five years as of the da te when the respective public contract was performed.  
Article 173
 
Depending on the contract award procedure applied, the procedure dossier shall in particular 
contain:  
- the decision on public procurement;  
- the prior information notice and proof that it has been sent for publication; 
- the contract notice and proof that it has been sent for publication;  
- the tender documentation;  
- the received requests to participate;  
- the communication between the contracting authority and the economic operators;  
- the report assessing the qualification of the candidates;  
- the decision on the selection of qualified candidates;  
- the received tenders;  
- the minutes of the public opening;  
- the statements on the existence/non-existence of conflict of interest;  
- the reports by external experts;  
- the report on the conducted evaluation;  
- the decision on selection of the most advantageous tender;  
- the signed public contract or framework agreement; and  
- the contract award notice and proof that it has been sent for publication.  
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       - 103 -Article 174 
The provisions referred to in Article 173 of this Law shall accordingly apply to the award of 
utilities contracts referred to in Chapter IX of this Law.  
Article 175 
When the contracting authority conducts a contract award procedure by using electronic 
means, or electronic auctions, it shall be obliged to ensure complete monitoring of the 
activities it carries out during the contract award procedure, for the purpose of keeping the 
dossier referred to in Article 173 of this Law.  
Chapter IX 
Ut
ilities contracts 
Section 1 
Activities applicable to utilities contracts 
Subsection 1 
Scope 
Article 176 
(1) The activities in the following sectors shall be applicable to utilities contracts (hereinafter: 
covered activity):  
- water;  
- energy;  
- transport;  
- postal services; and  
- other covered activities.  
(2) The pr
ovisions of this Law shall apply to the utilities contracts, unless otherwise 
stipulated in this Chapter.  
Article 177 
W
hen a utilities contract for carrying out several covered activities is awarded, the 
contracting authority shall apply the rules referring to the main covered activity for which the 
contract is intended.  
Article 178 
(1) When the contracting authority referred to in Article 4 paragraph (1) points a), b) and c) 
of this Law awards a public contract for several activities, among which at least one is a 
covered activity, and another activity is covered by the provisions referred to in Chapter III of 
this Law and, objectively, it is impossible to determine for which activity the contract is 
mainly int
ended, such contract shall not be considered as a utilities contract and the 
contracting authority shall apply this Law as for the public contracts referred to in Chapter III 
of this Law.  
(2) When the contracting authority referred to in Article 4 paragraph (1) points a), b) and c) 
of this Law awards a public contract for several activities, among which at least one is a 
covered activity, and another activity is not subject to this Law and, objectively, it is 
impossible to 
determine for which activity the contract is mainly intended, such contract shall 
be considered as a utilities contract. 
GPA/ACC/MKD/1 
 
       - 104 -(3) When the contracting authority referred to in Article 4 paragraph (1) points d) and e) o f 
this Law awards a public contract for several activities, among which at least one is a covered 
activity and, objectively, it is impossible to determine for which activity the contract is 
mainly intende
d, such contract shall be considered as a utilities contract.  
Subsec
tion 2 
Water 
Article 179 
Covered activities, within the meaning of Article 176 paragraph (1) indent 1 of this Law, 
shall be the installation and operation of fixed networks intended to provide public services in 
connection
 with the production, transport or distribution of drinking water, or the supply of 
drinking water to such networks.  
Article 180 
The 
contracting authority performing some of the activities referred to in Article 179 of this 
Law shall also apply the provisions of this Chapter when it awards a contract or organises a 
design contest in connection with:  
- installation, operation and supply of drinking water to the networks, connected with 
hydraulic engineering projects, irrigation or land drainage, where more than 20% of the 
total volume of water is used for drinking; or  
- installation, operation and supply to the networks for disposal or treatment of sewage.  
Article 181 
The 
supply of drinking water to the networks intended to provide public services carried out 
by a contracting authority referred to in Article 4 paragraph (1) points d) and e) of this Law 
shall not be considered as a covered activity within the meaning of Article 179 of this Law, 
if:  
- the production of drinking water is necessary for carrying out activities which are not 
considered as covered activities; and 
 - the supply to the networks depends only on the entity’s own consumption and does not  
exceed 30% of the entity’s total production of drinking water, taking into consideration 
the preceding 36 months.  
Subsec
tion 3 
Energy 
Article 182 
Covered activities, within the meaning of Article 176 paragraph (1) indent 2 of this Law shall 
be the inst
allation and operation of fixed networks intended to provide public services in 
connection with the production, transport or distribution of gas, heat or electricity, or the 
supply of gas, heat or electricity to such networks.  
Article 183
 
The supply of gas or heat to the networks intended to provide public services by the 
contracting authority referred to in Article 4 paragraph (1) points d) and e) of this Law shall 
not be considered as a covered a ctivity within the meaning of Article 182 of this Law if:  
- the produc
tion of gas or heat is a consequence of carrying out an activity which is not 
considered as a covered activity ; and  
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       - 105 -- the supply of gas or heat to the public network is aimed only at the economic exploitation 
of such produc
tion and does not exceed more than 20% of the contracting authority’s  
turnover, taking into consideration the average for the preceding 36 months, including 
the current year.  
Article 184 
The supply of electricity to the networks intended to provide public services by the 
contracting authority referred to in Article 4 paragraph (1) points d) and e) of this Law shall 
not be considered as a co vered activity within the meaning of Article 182 of this Law if:   
- the pr
oduction of electricity takes place for the purpose of satisfying its own 
consumption that is necessary for carrying out an activity which is not a covered activity; 
and  
- the suppl
y of electricity to the public network depends only on the contracting 
authority’s  own consumption and does not exceed 30% of the total own production of 
electricity, taking into consideration the preceding 36 months, including the current year. 
Subsec
tion 4 
Transport 
Article 185 
Covered activities, within the meaning of Article 176 paragraph (1) indent 3 of this Law, 
shall be the provision of transport services on regular rail and land traffic lines.  
Article 186 
The 
provision of bus transport services shall not be considered as a covered activity when 
other entities may provide such services in the same geographical area under the same 
conditions as the contracting authorities.  
Subsection 5 
Postal services 
Article 187 
(1) Covered activities, within the meaning of Article 176 paragraph (1) indent 4 of this Law 
shall be the provision of:  
- universal postal services;  
- reserved postal services;  
- exchange of documents, bills and invoices;  
- services concerning mail bearing no address;  
- added
-value services including transmission of data by using electronic means (including 
transmission of coded documents, creation of database of users and transmission and 
delivery of registered electronic mail );  
- financial services provided upon agreement in a post, including banking services, 
payment of transfer orders, payment cards, payment of public duties, money transfer 
from current and giro accounts, services related to insurance payment, etc;  
- philatelic services; or  
- logistics 
services, including physical delivery and warehousing of postal packages 
related to other non-postal services.  
GPA/ACC/MKD/1 
 
       - 106 -(2) The services referred to in paragraph (1) indents 3, 4, 5, 6, 7 and 8 of this Article shall be 
considered as covered activities, on condition that the entity which provides these services 
also provides universal or reserved postal services.  
Subsec
tion 6 
Other covered activities 
Article 188 
Other covered activities shall be the activities related to exploration of land for the purpose of 
extracting oil, gas or coal or construction and operation of airports or ports (river or lake 
ports) or other terminal facilities to carriers by air or inland waterway.  
Section 2 
S
pecific exclusions 
Article 189 
This Law shall not apply to utilities contracts awarded for the procurement of:  
- supplies for
 the purpose of resale or lease to third parties, provided that the contracting 
authority enjoys no special or exclusive rights to sell or lease such supplies, and the other 
entities are free to sell or lease them under the same conditions ; or  
- supplies, services or works intended for carrying out covered activities abroad.  
Article 190 
(1) 
This Law shall not apply to contracts awarded by a contracting authority referred to in 
Article 4 paragraph (1) indents d) and e) of this Law, the subject-matter of which is the 
procurem
ent of supplies, services or works intended for execution of activities which in 
accordance with this Chapter are not considered as covered activities.  
(2) This La
w shall not apply to contracts awarded by the contracting authorities referred to in 
Article 4 paragraph (1) point e) of this Law if the estimated value of the contract is up to 
200,000 euro in denar equivalent for public supply and service contracts and 4,000,000 euro 
in de
nar equivalent for public works contracts.  
(3) The pr
ovisions from Articles 36-a, 36-b, 118, 160 paragraph (3) and 198 paragraphs (3), 
(4) and (5) of this Law shall not apply to the contract award procedures implemented by the 
contracting authorities referred to in Article 4 paragraph (1) item e) of this Law. 
Article 191 
This Law shall not apply to contracts the subject-matter of which is the purchase of water if 
awarded by a contracting authority carrying out a covered activity referred to in Article 179 
of this Law.  
Article 192 
This Law shall not apply to contracts the subject-matter of which is the supply of electricity 
or fuels for the production of electricity if awarded by a contracting authority carrying out a 
covered activity referred to in Articles 182 or 188 of this Law.  
Article 193 
 (1) This Law shall not apply to utilities contracts awarded:  
- by a contracting authority to an affiliated undertaking; or  
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       - 107 -- by a joint venture, established exclusively by a number of contracting authorities for the 
purpose of carrying out a covered activity, to an undertaking which is affiliated with one 
or more of the 
contracting authorities which are part of that joint venture. 
(2) The pr
ovisions referred to in paragraph (1) of this Article shall apply only in cases where 
at least 80% of the average turnover of the affiliated undertaking for the preceding three years 
derives from
 the provision of such supplies, services or works to the undertakings with which 
it is affil
iated.  
(3) An affiliate
d undertaking shall be an undertaking:  
- ove
r which the contracting authority exercises, directly or indirectly, a dominant 
influence;  
- which may exercise a dominantly influence over the contracting authority ; or  
- which, together with the contracting authority, is subject to the dominant influence of 
another undertaking.  
(4) Dominant influence exists whe
n one entity, directly or indirectly:  
- holds the majority of the other entity’s capital;   
- controls the majority of the votes attaching to the stocks or shares issued by the other 
entity; or  
- can appoint 
more than half of the members of the management bodies or the supervisory 
board. 
Article 194 
(1) This Law shall not apply to utilities contracts awarded:  
- by a joint venture, established exclusively by a number of contracting authorities for the 
purpose of carrying out a covered activity, to a contracting authority which is a part of 
that joint venture; or
  
- by 
a contracting authority to a joint venture, established exclusively by a number of 
contracting authorities for the purpose of carrying out a covered activity, of which the 
contracting authority forms part.   
(2) The
 provisions referred to in paragraph (1) of this Article shall apply only if the joint 
venture has been established for carrying out the covered activity for a period of at least three 
years.  
Article 195 
The Bureau may request from the contracting authority to submit a notification regarding any 
contract awarded on the basis of the provisions referred to in Section 2 of this Chapter, and 
the contracting authority shall be obliged to respond to such request.  
Section 3 
Procedures for awarding utilities contracts 
Article 196 
(1) The following contract award procedures shall be used for awarding utilities contracts:  
- open procedure;  
- restricted procedure;  
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       - 108 -- negotiated procedure with prior publication of a contract notice;  
- negotiated procedure without prior publication of a contract notice; and  
- simplified competitive procedure.  
(2) The provisions referred to in Article 21 paragraph (3) of this Law shall accordingly apply 
when  awarding utilities contracts.  
Article 197 
(1) 
The contracting authority shall award utilities contracts by conducting an open procedure, 
a restricted procedure or a negotiated procedure with prior publication of a contract notice.  
(2) Notwithstanding paragraph (1) of this Article, the contracting authority may apply the 
other procedures provided for in Article 196 paragraph (1) of this Law, only in the cases 
referred to in Article 100 paragraph (1) and Article 198 of this Law.  
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 
development 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 ; 
- 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 
procedure, 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 replacement 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 price considerably 
lower than the normal market price;  
- for purc
hase 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 
GPA/ACC/MKD/1 
 
       - 109 -awarded to one of the best ranked 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 due 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 inconveniences for the contracting authority; or  
b) such wor
ks or services, although separable from th e performance of the original 
contract,  are necessary for its completion.  
(2) The a
ggregate value of the additional works, unforeseen works and surplus works, or of 
the additional se
rvices 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 approva
l from the Council is not required. 
(4) In the cases referred to 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 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) 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. 
Section 3-a 
Special
 manner of awarding utilities contracts 
Article 198-a 
(1) In order to determine the qualification of the tenderers, the contracting authorities referred 
to in Article 4 paragraph (1) points d) and e) of this Law may establish and operate a 
qualification system of tenderers.  
(2) The c
ontracting authority may accept and use the qualification systems established by 
other contracting authorities.  
Article 198-b
 
(1) The qualification system shall be established by publishing a notice for establishment of a 
qualification system on the ESPP.  
(2) The 
qualification system shall contain objective criteria and rules for determination of the 
qualification of tenderers requesting inclusion in the system.  
GPA/ACC/MKD/1 
 
       - 110 -(3) The qualification system shall consist of the standard contract award procedures with 
regard to determining the qualification of tenderers and it shall be in accordance with the 
standard contract award procedures with regard to the preparation of technical specifications 
or technical standards, whereby such specifications and standards may be modified as 
needed.  
(4) The qualification system may be operable and applied in stages.  
(5) Should the 
qualification system last longer than three years, the notice for establishment 
of a qualification system shall be published once a year in accordance with paragraph (1) of 
this Article.  
(6) The for
m and content of the template for the notice for establishment of a qualification 
system shall be prescribed by the Minister of Finance.  
Article 198-c 
(1) The tenderer may submit a request for inclusion in the qualification system at any time, 
while the evaluation of the qualification of the tenderer shall be conducted as soon as 
possible, but not later than six months as of the day of submission of the request.  
(2) Should the 
evaluation of the qualification of the tenderer requesting inclusion in the 
qualification system last longer than four months as of the day of submission of the request, 
the contracting authority shall be obliged to notify the tenderer thereof within a period of two 
months as of the day of submission of the request, as well as of the date when the contracting 
authority is expected to complete the evaluation of the qualification.  
(3) The 
contracting authority shall adopt a written decision with a detailed elaboration of the 
reasons for acceptance or rejection of the inclusion of the tenderer in the qualification system. 
Article 198-d  
(1) The contracting authority shall keep a list of qualified tenderers included in its 
qualification system, divided in categories according to the type of public contracts to which 
the qualification refers.  
(2) The contracting authority shall ensure that the list of qualified tenderers is publicly 
available on its web site.  
Article 198-e
 
(1) Public contract s shall be carried out through the qualification system by means of the 
second phase of a restricted procedure or the second phase of a negotiated procedure with 
publication of a notice.  
(2) An invit
ation to tender shall be delivered to all tenderers included in the qualification 
system of the contracting authority for the specific subject-matter of the contract.  
Article 199 
Whe
n two or more tenders differ for less than three points from each other by applying the 
contract award criteria, the contracting authority may select as the best tender the one where 
over 50% of the products tendered originate from the Republic of Macedonia, from the 
Member States of the European Union and from countries having concluded an international 
agreem
ent with the Republic of Macedonia which provides equal treatment of the economic 
operators from the Republic of Macedonia on the market of that country.  
Chapter X 
Re
view procedures 
GPA/ACC/MKD/1 
 
       - 111 -Section 1 
State Appeals Commission on Public Procurement 
Article 200 
(1) 
The State Appeals Commission on Public Procurement (hereinafter: State Commission) 
shall be competent to: 
- resolve appeals in the contract award procedures prescribed by this Law;  
- resolve appeals in the procedures for awarding contracts for concessions and public 
private partnership; 
- resolve appeals against a decision adopted by the Council pursuant to this and other Law; 
and 
- other matters in accordance with the Law. 
(2) The S
tate Commission shall decide on the legality of the actions and failures to undertake 
actions, as well as on the decisions as individual legal acts adopted in the procedures referred 
to in paragraph (1) of this Article, and other activities in accordance with the Law.  
(3) The 
State Commission shall also decide upon other requests allowed to be submitted in 
the review procedure by the parties to the procedure.  
(4) The pr
ovisions of this Chapter shall accordingly apply in the provision of review and 
remedies in  the contract award procedures for concessions and public private partnership. 
Article 201 
(1) 
The State Commission shall be a state authority, which is independent in its operations 
and shall have the capacity of a legal entity.  
(2) The State Commission shall have an expert service.  
(3) The expert service shall be headed by a Secretary General of the State Commission who 
shall also participate on the sessions of the State Commission without the right to vote. 
(4) The provisions of the Law on Administrative Servants and the Law on the Public Sector 
Employees shall apply to the persons employed in the expert service. 
(5) The seat of the State Commission shall be in Skopje. 
(6) The State Commission shall be financed from the Budget of the Republic of Macedonia.  
Article 202 
(1) The State Commission shall be composed of a Chairperson and four members, who shall 
carry out their office professionally, full time and cannot have another function and be 
employed at another position, or to receive another remuneration, apart from the salary and 
compensations from temporary educational and copyright royalties.  
(2) The Chairperson and the members of the State Commission shall be appointed through a 
public announcement issued in at least three daily newspapers distributed on the entire 
territory of the Republic of Macedonia, one of which shall be a newspaper being published in 
a language spoken by at least 20% of the citizens who speak an official language other than 
the Macedonian, and they shall be dismissed by the Assembly of the Republic of Macedonia, 
upon a proposal of the Committee on Elections and Appointment Issues of the Assembly of 
the Republic of Macedonia.  
GPA/ACC/MKD/1 
 
       - 112 -(3) The Chairperson and the members of the State Commission shall be appointed for a 
period of five years with the right to reappointment. 
(4) A person may be appointed as a member of the State Commission if he/she:  
1) is a citizen of the Republic of Macedonia; 
2) has not been the subject of a sentence or misdemeanour sanction pronounced by a final 
judgment involving prohibition to pursue a profession, activity or duty at the moment of 
appointment; 
3) has acquired at least 240 credits according to the ECTS, or has completed VII/1 level of 
education in the field of law; 
4) has minimum five years of working experience, at least three of which are in the field 
of public procurement; 
5) holds one of the following internationally recognised certificates of English language 
competence, not older than five years: 
- TOEFL with a score of at least 74 points; 
- IELTS with a score of at least 6 points; 
- ILEC (Cambridge English: Legal) with a minimum level B2; 
- FCE (Cambridge English: First) – passed or 
- BULATS with a score of at least 60 points and 
6) has passed a
 psychological and integrity test. 
(5) A person may be appointed as Chairperson of the State Commission if he/she: 
1) is a citizen of the Republic of Macedonia; 
2) has not been the subject of a sentence or misdemeanour sanction pronounced by a final 
judgment involving prohibition to pursue a profession, activity or duty at the moment of 
appointment; 
3) has acquired at least 240 credits according to the ECTS, or has completed VII/1 level of 
education in the field of law; 
4) has passed the bar exam; 
5) has minimum five years of working experience, three of which are in the field of public 
procurement; 
6) holds one of the following internationally recognised certificates of English language 
competence, not ol
der than five years: 
- TOEFL with a score of at least 74 points; 
- IELTS with a score of at least 6 points; 
- ILEC (Cambridge English: Legal) with a minimum level B2; 
- FCE (Cambridge English: First) – passed or 
- BULATS with a score of at least 60 points and 
7) has passed a psychological and integrity test. 
GPA/ACC/MKD/1 
 
       - 113 -(6) The Chairperson and members of the State Commission shall elect the Deputy 
Chairperson from among their ranks by a majority of votes, according to the principle of 
rotation every six months. 
(7) The Chairperson and the members of the State Commission cannot be members of other 
authorities or bodies elected or appointed by the Assembly of the Republic of Macedonia or 
the Government.  
(8) The Chairperson and members of the State Commission shall be entitled to a salary 
during the ir term of office. The coefficient for salary calculation for the Chairperson of the 
State Commission shall be 3.8, and for the members it shall be 3.7. 
Article 203 
(1) The Assembly of the Republic of Macedonia shall dismiss the Chairperson or a member 
of the State Commission before his/her term of office expires if he/she:  
- requests to be dismissed;  
- permane
ntly loses his/her ability to perform the office, which is determined by the 
Assembly of the Republic of Macedonia;  
- has be
en convicted by a final judgment for a criminal offense to an unconditional 
imprisonment of at least six months;  
- meets the requirements for retirement;  
- perfo
rms other activities incompatible with his/her office as a Chairperson or a member 
of the State Commission; or  
- the Chairperson or the member passes away.  
(2) The Government may also give a proposal for dismissal of the Chairperson or a member 
of the State Commission.  
(3) The C
hairperson of the State Commission (or the Deputy in case of dismissal of the 
Chairperson) shall be obliged to inform the Assembly of the Republic of Macedonia about 
the existence of reasons for dismissing the Chairperson or a member of the State 
Commission. 
 
(4) The Assembly of the Republic of Macedonia shall initiate a procedure for appointment of 
a Chairperson and members of the State Commission at least three months before the expiry 
of their term of office. The appointment procedure shall have to be completed at least 30 days 
before the
 regular expiry of the term of office of the Chairperson and the members.  
Article 204 
The 
manner of operation and the decision-making process of the State Commission shall be 
regulated by Rules of Procedure.  
Article 205 
(1) 
The State Commission shall submit an annual report of its activities to the Assembly of 
the Republic of Macedonia by the end of March in the current year for the previous year.  
(2) Upon request of the Assembly of the Republic of Macedonia, the State Commission shall 
also be obliged to submit a report for a period shorter than one year.  
(3) The annua
l report shall contain in particular:  
- number of cases received;  
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       - 114 -- number of cases resolved (dismissed, rejected and accepted appeals);  
- number of cancelled procedures;  
- number of unresolved cases;  
- number o
f cases for which an administrative dispute has been initiated (rejected and 
accepted cases);  
- statistical analysis of the review procedures; and  
- evaluation of the legal remedies system and the public procurement system as a whole.  
(4) The 
expert service of the State Commission shall prepare the annual report on the work of 
the State Commission. 
(5) The State Commission shall adopt financial, strategic plans and an annual work 
programme of the State Commission, which it shall submit to the Assembly of the Republic 
of Macedonia 
no later than by the end of March in the current year, and it shall organise their 
implementation. 
(6) 
The financial and strategic plans, as well as the annual work programme of the State 
Commission shall be approved by the Assembly of the Republic of Macedonia. 
Article 206 
Any form of influence on the decision-making process of the State Commission shall be 
forbidden and, in particular, any misuse of the public authorisations in order to influence the 
course and the
 outcome of the procedure.  
Article 207 
(1) 
Any economic operator having legal interest in the contract award procedure, and which 
has suffered or could suffer damage by possible violation of the provisions of this Law, may 
initiate a review procedure against the decisions, actions and failures to undertake actions by 
the contracting authority in the contract award procedure. 
(2) The state
 attorney of the Republic of Macedonia may also initiate a review procedure 
when he/she protects the interests of the state or the public interest. 
Article 208 
(1) The contracting authority shall not sign the public contract and proceed with its 
performance within 12 days, or five days in case of a simplified competitive procedure, as of 
the da te of receipt of the decision for an individual right in the contract award procedure, 
except:  
- in the cases referred to in Articles 99 and 198 of this Law;  
- in ca
se when only one tenderer whose tender is selected as the best participated in the 
procedure ; or  
- in case of individual public contract s based on a framework agreement.  
Article 209 
(1) In the course of the review procedure, the parties shall be obliged to present all facts used 
as grounds for their requests, as well as the actions or failures to undertake actions by the 
contracting authority in the contract award procedure, and to provide respective proofs 
thereof.  
GPA/ACC/MKD/1 
 
       - 115 -(2) In the course of the review procedure, the contracting authority shall be obliged to prove 
the facts and circumstances on the basis of which it has adopted its decision, undertaken 
actions or failed to undertake actions when conducting the contract award procedure subject 
to the review procedure.  
(3) In the
 review procedure, the appellant shall be obliged to prove or to render possible the 
existence of facts and reasons referring to the right for lodging an appeal, violation of the 
procedure or violation of the substantive law, which are indicated in the appeal.  
Article 210 
Ma
jor violations of the law in the contract award procedures shall occur if:  
- the contract award procedure has been conducted without adopting a decision on public 
procurement containing the elements prescribed in Article 28 paragraphs (2) and (3) of 
this Law;  
- the contra
ct award procedure has been conducted without a technical dialogue in the 
cases where it is mandatory, in accordance with this Law;  
- the tender 
documentation for the contract award procedure is not in accordance with this 
Law, and led or could have led to discrimination of the economic operators or limitation 
of the market competition;  
- failing to proceed in accordance with Article 54, paragraph (2) of this Law; 
- major omissions have been made with reference to the public opening of tenders;  
- major omissions have been made with reference to the evaluation of tenders;  
- failing to proceed in accordance with Article 140 paragraphs (11) and (12) of this Law; 
- failing to proceed in accordance with Article 215, and in connection with Article 222 
paragraphs (4) and (5) of this Law;  
- the contra
ct notice is published without obtaining approval in the cases where the 
obtaining of approval is mandatory pursuant to this Law; 
- failing to proceed in accordance with the decision of the State Commission; 
- the selected tender is not the most advantageous one ; and  
- the selected tender is not acceptable.  
Article 211 
In the review procedure, the State Commission shall act within the alleged infringements, and 
ex officio  with reference to the major violations as prescribed in Article 210 of this Law.  
Section 2 
App
eal 
Article 212 
(1) The appeal shall contain the following elements:  
- information on the appellant (name and surname, name of the economic operator, 
address of residence and seat);  
- information of the legal representative or the legal proxy;  
- name and seat of the contracting authority;  
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       - 116 -- number and date of the contract award procedure and data on the contract notice;  
- number a
nd date of the decision on selection of the most advantageous tender, 
cancellation of the procedure or other decisions adopted by the contracting authority;  
- data about the actions or failures to undertake actions by the contracting authority;  
- description of the state of facts;  
- description of the irregularities and explanation thereof;  
- proposed proof;  
- appeals request and/or request for compensation of the procedural costs; and  
- signature of the authorised person.  
(2) The appellant shall be obliged to provide proof that it has paid the fee for conducting the 
procedure.  
(3) The appellant whose seat is not on the territory of the Republic of Macedonia shall be 
obliged to appoint a legal proxy for the receipt of the writs.  
Article 213 
(1) 
If the appeal does not contain some of the data referred to in Article 212 paragraph (1) 
indents 1, 3, 4, 5 and 9 of this Law, the State Commission shall request the appellant to 
supplement its appeal and it shall set a time limit that cannot be longer than five days.  
(2) If 
the appellant fails to act upon the request referred to in paragraph (1) of this Article, the 
appeal shall be dismissed as incomplete, unless its contents allows for the procedure to be 
conducted, and it contains an appeals request.  
Section 3 
M
anner of lodging an appeal 
Article 214 
(1) The
 appeal shall be lodged with the State Commission.  
(2) The appeal shall be submitted in person or via registered mail simultaneously to the 
contractin
g authority and to the State Commission.  
(3) The da
y of submitting the appeal via registered mail shall be considered as the day of 
lodging. 
(4) In case the appeal is submitted in person, the contracting authority shall be obliged to 
issue a c
ertificate of the time of receipt to the appellant. 
(5) The a
ppeals received shall be entered in the record book and published on the web page 
of the State Commission on the same day when they are received, whereupon cases shall be 
formed. 
(6) The case shall be distributed to the members and the Chairperson of the State 
Commission by an electronic random selection, through an electronic system for distribution 
of cases. 
(7) The person responsible for management of the electronic system for distribution of cases 
from among the expert service, referred to in Article 201 paragraph (2) of this Law, shall be 
obliged to ensure that the distribution of cases is done exclusively by an electronic random 
selection through the system from paragraph (6) of this Article. 
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       - 117 -(8) The Chairperson and members of the State Commission shall be obliged to act upon the 
cases only if they have been distributed to them by an electronic random selection. 
Article 215 
(1) 
The contracting authority shall, within five working days as of the da te of receipt of the 
appeal at the latest, submit the following to the State Commission:  
- the appeal with all enclosures, data and proof of the date of receipt;  
- the repl
y to the appeal with an explanation of the facts and the legal indications, as well 
as the appeals requests, chronology of the contract award procedure, with indications of 
the major elements of the procedure for public procurement (estimated value, contract 
notice data, the procedure of tender opening, evaluation of the tenders, selection 
decision, etc );  
- the entire documentation from the procedure with a listing of the enclosures;  
- the tender
s of the tenderers, and at least the tender of the appellant, the winning tender, 
and those of the qualified tenderers that can be selected as winning; and  
- other 
proofs for the existence of the circumstance for adoption of the legal decisions, 
actions or failures to undertake actions in the contract award procedure.  
(2) I
n case of an appeal against a decision of the Public Procurement Council, the Council 
shall submit the necessary documentation, and the provisions of this Chapter shall 
accordingly apply, except for Articles 228 and 229 of this Law. 
Article 216 
(1) The review procedure shall be initiated by lodging the appeal, or by submitting the 
request for cancellation of the contract award procedure because of the failure to submit the 
documentation to the State Commission in accordance with Article 222 of this Law.  
(2) The appeal shall be lodged within eight days, or three days for the simplified competitive 
procedure as of the da te of:  
- rece
ipt of the minutes for conducted technical dialogue, concerning the actions or failure 
to undertake actions relative to conducting the technical dialogue; 
- publication of the contract notice regarding the data, actions or failures to undertake 
actions referred to in the contract notice;  
- opening
 of tenders, regarding the actions or failures to undertake actions related to the 
tender documentation, or the procedure for the opening of tenders;  
- expir
y of the time limit for adoption of a decision for selection or cancellation of the 
procedure in accordance with Article 162 paragraph (2) of this Law in respect to the 
failure to adopt a decision for selection or cancellation of the procedure in the 
corresponding time limit;  
- rece
ipt of 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  
- cognisan
ce of the illegal conduct of the contract award procedure, within a period of one 
year at the latest as of the day of completing the conducted procedure.  
(3) An appeal shall be lodged within three days as of the receipt of the contract award notice 
on the basis of a framework agreement.  
GPA/ACC/MKD/1 
 
       - 118 -(4) When the procedure ends with an electronic auction, the time limit for lodging an appeal 
in regard to determining the qualification of tenderers and the evaluation of the initial tenders 
shall be counted as of the date of receipt of the decision for an individual right in the contract 
award procedure following the completion of the electronic auction.  
(5) The e
conomic operator that has failed to lodge an appeal in accordance with the 
provisions in paragraph (2) of this Article shall not have the right to lodge an appeal for the 
same legal basis in the latter stage of the procedure.  
(6) Whe
n establishing a qualification system, the appeal against the actions or failures to 
undertake actions related to the tender documentation shall be lodged within eight days as of 
the date of receipt of the decision for admission or refusal to admit a tenderer in a 
qualification system. 
Section 4 
Effect of the appeal and continuation of the contract award procedure 
Article 217 
(1) The lodged appeal shall suspend the signing of the public contract and its performance 
until the decision of the State Commission becomes final.  
(2) Notwithstanding paragraph (1) of this Article, upon a request of the contracting authority, 
the State Commission may approve the continuation of the contract award procedure.  
(3) The public contract signed contrary to paragraphs (1) and (2) of this Article shall be null 
and void.  
Article 218 
(1) 
The contracting authority may submit a request for continuation of the contract award 
procedure. The request shall be submitted simultaneously with the reply to the appeal.  
(2) The request for continuation of the contract award procedure submitted contrary to 
paragraph (1) of this Article shall be dismissed.  
(3) The 
request for continuation of the contract award procedure shall refer to the signing of 
the public contract subject to the appea l.  
(4) The 
request for continuation of the contract award procedure may be submitted due to 
reasons that can cause damages if the procedure is not conducted, and which are 
disproportiona te to its value.  
Article 219 
The 
State Commission shall decide on the request for continuation of the contract award 
procedure within three days as of the da te of the submission.  
Section 5 
Deciding on the appeal 
Article 220 
(1) In the review procedure, the State Commission may:  
- annul the decision of the Council or repe al the decision of the Council and return the case 
for a new decision-making; 
- stop the procedure due to withdrawal of the appeal;  
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       - 119 -- dismiss the appeal because the Commission is not competent, the appeal is not allowed , 
complete, timely, or because it is lodged by unauthorised persons, and if the obliga tion 
referred to in Article 212 paragraph (2) of this Law is not fulfilled;  
- reject the appeal because it is unfounded;  
- repeal the decision, or annul the actions in the part where they are illegal;  
- oblige
 the contracting authority to undertake the actions referred to in Article 162 
paragraph (2) of this Law that it failed to undertake, in accordance with this Law; 
- annul 
the decision and cancel the entire procedure in case when the violation made 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, and when 
failing to proceed in accordance with Article 215, in connection with Article 222 
paragraph (4) of this Law;  
- decide on the requests for compensation of procedural costs; or  
- decide on the proposals for continuation of the public procurement procedure.  
(2) The State Commission shall adopt a decision on the main subject, and reach a conclusion 
on the other issues.  
(3) The decision of the State Commission shall be final.  
(4) The c
ontracting authority shall be obliged to act upon the decision of the State 
Commission, or otherwise it shall be deemed that a contract award procedure has not been 
conducted in compliance with this Law. 
(5) The contracting authority shall mandatorily notify the State Commission of the actions 
taken in relation to its decision whereby the appeal was accepted, within ten days as of the 
adoption of the decision by which the contracting authority acts in accordance with the 
accepted appeal, or as of taking the action it failed to take. 
Article 220-a
 
(1) In the review procedure, the State Commission shall annul the public contract or the 
framework agreement, completely or partially, if the contracting authority has concluded: 
- a public contract or a framework agreement without previously conducting a contract 
award procedure, when that is contrary to the provisions of this Law;  
- a public contract or a framework agreement contrary to Article 208 of this Law;  
- a public contract or a framework agreement contrary to Article 217 of this Law; and  
- an 
individual public contract on the basis of a framework agreement, contrary to Articles 
119 paragraph (4) and 120 of this Law.  
(2) Depending on the reasons for annulment referred to in paragraph (1) of this Article, 
considering all the relevant circumstances, including the gravity of the violation of this Law 
and the action of the contracting authority, the State Commission shall annul the public 
contract or the framework agreement, including all its legal consequences as of the moment it 
is established, or only with regard to its contractual obligations which have not been fulfilled 
yet.  
(3) The State Commission may decide the public contract or the framework agreement to 
remain into force completely or partially although concluded contrary to the conditions 
referred to in paragraph (1) of this Article if, having regard to all relevant circumstances, it 
GPA/ACC/MKD/1 
 
       - 120 -determines the existence of overriding, justified reasons related to the general interest of the 
Republic of Macedonia, because of which the contract or framework agreement shall remain 
into force.  
(4) The economic interests may be considered as justified reasons within the meaning of 
paragraph (3) of this Article, only in exceptional cases when the annulment of the contract or 
the framework agreement would lead to disproportionate consequences.  
(5) The e
conomic interests directly related to the subject-matter of the public contract or the 
framework agreement, such as the expenses incurred due to delay in realisation, expenses for 
conducting the new contract award procedure, expenses possible to incur due to change of the 
contractor 
and expenses for legal obligations resulting from annulment of the public contract 
or the framework agreement, shall not be considered justified reasons within the meaning of 
paragraph (3) of this Article.  
Article 221 
(1) 
If after the receipt of the appeal, the contracting authority finds that it is fully or partially 
founded, it can put the existing decision out of force, or adopt a new decision, or annul the 
contract award procedure, correct its action, undertake the action it failed to take, or conduct 
a new contract award procedure, by notifying the participants in the contract award procedure 
in the manner prescribed by this Law, within a period of five days as of the da te of receipt of 
the appeal. 
(2) The appellant shall have the right to lodge an appeal against the new decision, action or 
failure to undertake action under the conditions prescribed by this Law.  
(3) The contracting authority that exercises the authorisations prescribed by this Article shall 
be obliged to notify the State Commission thereof by submitting the new decision, or proofs 
that it is has been submitted to the appellant.  
Article 222 
(1) 
If the contracting authority fails to act in accordance with Article 215 of this Law, the 
appellant shall have the right, within a period of 30 days as of the da te of lodging the appeal 
with the contracting authority, to request from the State Commission to adopt a decision for 
annulment of the whole contract award procedure.  
(2) The re
quest referred to in paragraph (1) of this Article shall be submitted to the State 
Commission and shall contain the proofs for submitting the appeal to the contracting 
authority, data about the contracting authority, subject-matter of the public contract and the 
reference number of the contract notice, if available.  
(3) The S
tate Commission shall accept the request of the appellant if the conditions 
determined in paragraph (2) of this Article are met.  
(4) Followin
g the expiry of the time limit of 30 days, in which the appellant could ask for 
annulment of the whole procedure, the State Commission may ex officio annul the whole 
procedure, provided that the contracting authority failed to act in accordance with Article 215 
of this Law.  
(5) If the Council fails to act in compliance with Article 215 of this Law, the State 
Commission shall ex officio  repeal the decision of the Council and return the case for a new 
decision-making.  
Article 223 
GPA/ACC/MKD/1 
 
       - 121 -(1) The appellant, the contracting authority and the winning tenderer shall be parties in the 
review procedure.  
(2) The S
tate Commission shall ex-officio  inform the winning tenderer about the initiation of 
the review procedure.  
(3) Each 
party shall have the right to present its opinion regarding the requests and the 
indications by the other party, and to propose evidence. The State Commission shall deliver 
the submissions received in the review procedure on the main subject-matter of the appeal or 
the submissions proposing new facts and proofs to each party in the procedure.  
(4) Each party shall have the right to review the writs, except the part of the tender and the 
documents containing confidential information stipulated by law.  
(5) The parties in the pr
ocedure may be represented by legal proxies.  
(6) In th
e course of the review procedure, the contracting authority, upon request of the State 
Commission, shall be obliged to submit the documentation within a period determined by the 
State Commission.  
(7) For the purpose of adopting the decision on the procedural costs in the review procedure, 
the value of the ca
se shall be calculated according to the estimated value of the procurement. 
Article 224 
(1) The State Commission shall decide upon the appeals on a session with majority of the 
total number of members. The session shall be convened by the Chairperson of the State 
Commission. 
(2) The State Commission may operate only if at least three members are present at the 
session. The Chairperson and/or his/her Deputy shall mandator ily attend the sessions of the 
State Commission.  
(3) A member of the State Commission shall not refrain from voting.  
(4) The sessions of the State Commission shall not be public. 
(5) Separate minutes shall be kept for the decision-making and the voting. The minutes shall 
be signed by all present members of the State Commission and the minute-taker.  
(6) The State Commission shall adopt a decision within 15 days as of the da te of submission 
of the documentation for the appeal, except in the cases referred to in 14-i paragraph (2) and 
Article 216
 paragraph (2) indent 1 of this Law when it shall decide within 15 days from the 
date of receipt of the appeal. 
(7) At request of at least 3 members of the State Commission, and due to justified reasons or 
new information or facts which warrant urgent resolution of the case, the State Commission 
shall decide within a time limit of no longer than 3 working days as of receiving the request, 
provided that the contracting authority has submitted the documentation for the case. The 
time limit of 3 working days shall start as of the date of delivery of the documentation, if the 
documentation was not delivered at the moment of submitting the request. 
(8) Enclosed 
in the request, the members of the State Commission shall submit an 
explanation of the reasons or the new information or facts referred to in paragraph (7) of this 
Article due to which they are requesting for a shorter time limit for proceeding. 
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       - 122 -(9) Following the submission of the request from paragraph (7) of this Article, or after the 
delivery of the documentation referred to in paragraph (7) of this Article, the Chairperson of 
the State Commission shall be obliged to convene a session within the time limit from 
paragraph (7) of this Article.  
(10) If the Chairperson of the State Commission fails to convene a session within the time 
limit referred to in paragraph (7) of this Article, the session shall be convened by the Deputy 
Chairperson within 2 working days as of the date of expiry of the time limit referred to in 
paragraph (7) of this Article. The decision adopted at this session shall be deemed as timely. 
(11) The decisions of the State Commission shall be submitted electronically to the parties in 
the procedure within 48 hours after the end of the session at which the decision was adopted , 
and the parties 
shall mandatorily submit an electronic address to the State Commission when 
submitting the appeal, or when submitting a reply to the appeal. 
(12) The decisions shall be published on the web page of the State Commission.  
Article 225 
(1) 
In the course of the decision-making upon the appeals, the State Commission shall keep 
minutes.  
(2) The mi
nutes shall have to contain important data on the actions taken, or the decisions 
adopted during the hearing.  
(3) The minutes shall be signed by the Chairperson, the members present and the minute-
taker, and it shall be an integral part of the case file.  
Article 226 
(1) 
The parties may propose a hearing for the purpose of clarifying the complex state of facts 
or certain legal issues, with an explanation of the reasons for such proposal.  
(2) The State C
ommission shall decide upon the proposal for holding a hearing.  
(3) The State Commission may also decide on holding a hearing when it finds that the 
hearing is necessary to clarify the complex state of facts or certain legal issues.  
(4) Minutes shall be
 kept during the hearing.  
(5) The hearing shall be public, but the public may be excluded for the purpose of protecting 
confidential information in accordance with the law.  
Article 227 
The 
provisions of the Law on Prevention of Conflict of Interest shall accordingly apply to the 
exemption of the Chairperson and the members of the State Commission.  
Section 6 
Procedural costs 
Article 228 
(1) Each party shall bear the costs resulting from its own actions in the procedure before the 
State Commission.  
(2) The State Commission shall decide on the costs in the review procedure, determine who 
shall bear the costs, the amount thereof, to whom and in what time limit they should b e paid. 
GPA/ACC/MKD/1 
 
       - 123 -(3) The request for compensation of the procedural costs shall be fully determined, specified 
and submitted before the adoption of the decision. 
(4) The party that initiated and lost the procedure shall be obliged to compensate the justified 
costs incurred during the procedure to the other party.  
(5) In case the appeal is withdrawn or dismissed, the appellant shall be obliged to compensate 
the justified costs incurred by submitting the appeal to the contracting authority. 
(6) In case the appeal is partially accepted, the State Commission may decide that each party 
is to cover it
s own costs, to split the procedural costs of the review procedure to equal 
portions or proportionally to the degree of acceptance of the appeal.  
(7) In c
ase the appeal is fully accepted, the contracting authority shall be obliged to 
compensate all justified incurred procedural costs to the appellant.  
Article 229 
(1) 
In the procedure before the State Commission, the appellant, in addition to the 
administrative fee, shall pay a fee for conducting the procedure depending on the value of the 
tender, as follows:  
- up to 20,000 euro in denar equivalent, the fee shall be 100 euro in denar equivalent;  
- 
from 20
,000 euro to 100,000 euro in denar equivalent, the fee shall be 200 euro in denar 
equivalent;  
-
 from 100
,000 euro to 200,000 euro in denar equivalent, the fee shall be 300 euro in denar 
equivalent;
 or  
- exc
eeding 200,000 euro in denar equivalent, the fee shall be 400 euro in denar 
equivalent.  
(2)
 In c
ase there is no tender, the amount of the fee for conducting the procedure shall be 
calculated on the basis of the estimated value of the public contract, where the State 
Commission shall inform the appellant about the amount of the fee and the time limit in 
which the appellant shall have to submit proof of the payment.  
(3) The fe
e for conducting the procedure shall be revenue of the Budget of the Republic of 
Macedonia.  
Secti on 7 
Court protection and subsidiary application of the regulations 
Article 230 
(1) An administrative dispute may be initiated before a competent court for resolving 
administrative disputes against the decision of the State Commission.  
(2) The court competent for resolving administrative disputes shall resolve the cases 
concerning public procurement in an urgent procedure.   
Article 231 
The 
provisions of the Law on General Administrative Procedure shall apply to the procedures 
before the State Commission that are not regulated by the provisions of this Law.  
Chapter X-a 
Misdemeanour provisions 
GPA/ACC/MKD/1 
 
       - 124 - Article 231-a  
(1) The Chairperson of the State Commission shall be fined with an amount of 7,500 to 
15,000 euro in denar equivalent for a misdemeanour if he/she fails to convene a session 
within the time limit referred to in Article 224 paragraph (7) of this Law. 
(2) The Deputy Chairperson of the State Commission shall be fined with an amount of 7,500 
to 15,000 euro in denar equivalent for a misdemeanour if he/she fails to convene a session 
within the time limit referred to in Article 224 paragraph (10) of this Law. 
(3) The Chairperson and the member of the State Commission shall be fined with an amount 
of 7,500 to 15,000 euro in denar equivalent for a misdemeanour if he/she fails to proceed in 
compliance with Article 214 paragraph (8) of this Law. 
(4) The person responsible for the management of the electronic system for distribution of 
cases shall be fined with an amount of 3,000 to 6,000 euro in denar equivalent for a 
misdemeanour if he/she fails to proceed in compliance with Article 214 paragraph (7) of this 
Law. 
Article 231-b 
The State Administrative Inspectorate shall conduct supervision over the application of this 
Chapter. 
Article 231-c 
The competent court shall conduct the misdemeanour procedure and impose the 
misdemeanour sanctions provided for in this Law. 
Chapter XI 
Audit  
Article 232 
The audit over the use and spending of public procurement funds by the contracting 
authorities referred to in Article 4 paragraph (1) points a), b) c) and d) of this Law shall be 
conducted by the State Audit Office.  
Chapter XI-
a 
Penalty provisions 
Article 232-a 
(1) The person who shall knowingly form the subject-matter of the procurement which is 
composed of more items within one lot in a manner limiting the competition to only one 
economic operator, contrary to Article 15 paragraph (6) of this Law, whereby obtaining 
greater material gain for himself/herself or for another person, or causing greater damage, 
shall be punished with imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
GPA/ACC/MKD/1 
 
       - 125 -(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-b 
(1) The person who shall knowingly form some lot of the subject-matter of the procurement 
of medicines, medical devices and/or medical consumables with more items without the 
approval of the Council, contrary to Article 15 paragraph (7) of this Law, whereby obtaining 
greater material gain for himself/herself or for another person, or causing greater damage, 
shall be punished with imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The pe
rson who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-c 
(1) The person who shall knowingly define the technical specifications of the procurement of 
medicines by using a trademark or the name of manufacturer / holder of the license for sale, 
contrary to Article 36 paragraph (3) of this Law, whereby obtaining greater material gain for 
himself/herself or for another person, or causing greater damage, shall be punished with 
imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-d 
(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a contract award procedure 
for supplies was published without the approval of the Council in the cases when the 
technical specifications can be met by less than the minimum number of manufacturers 
GPA/ACC/MKD/1 
 
       - 126 -referred to in Article 36-a paragraph (1) of this Law, and thus obtaining greater material gain 
for himself/herself or for another person, or causing greater damage, shall be punished with 
imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3).  
Article 232-e 
(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a contract award procedure 
was published without the approval of the Council in the cases when the envisaged selection 
criteria could be fulfilled by less than the minimum number of economic operators from 
Article 36-a paragraph (2) of this Law, and thus obtaining greater material gain for 
himself/herself 
or for another person, or causing greater damage, shall be punished with 
imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-f 
(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a contract award procedure 
was published without the approval of the Council in the cases when ‘the most economically 
advantageous tender’  criterion is used contrary to Article 160 paragraph (3) of this Law, and 
thus obtaining greater material gain for himself/herself or for another person, or causing 
greater damage, shall be punished with imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
GPA/ACC/MKD/1 
 
       - 127 -(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
 
Article 232-g 
The person who shall fail to act upon the decision whereby the State Commission decides on 
an appeal shall be punished with imprisonment of one up to five years. 
Article 232-h 
If the contracting authority sought approval from the Council pursuant to the conditions of 
this Law, and the Council did not respond to the request within the time limits set out in this 
Law, whereupon it is deemed to have granted approval pursuant to Article 14-h paragraph (3) 
of this Law, and it is later established that the conditions for granting approval have not been 
met which caused damage, the members of the Council shall be punished with imprisonment 
of one up to five years. 
Article 232-i 
The expert who will participate, directly or indirectly, or will influence the contracting 
authority in the contract award procedure for which he/she has given his/her opinion during 
the decision-making of the Council contrary to Article 14-l paragraph (3) of this Law, shall 
be punished with imprisonm
ent of one up to five years. 
Article 232-j 
(1) The person who shall knowingly fail to put all positions in the tender documentation that 
are envisaged in the bill of quantities of the revised design for execution of the works 
contrary to Article 18 paragraph (3) of this Law, whereby obtaining greater material gain for 
himself/herself or for another person, or causing greater damage, shall be punished with 
imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) of this Article, and with imprisonment of one up to three 
years for paragraph (3) of this Article. 
Article 232-k 
(1) The person who shall knowingly award a public contract in a negotiated procedure 
without prior publication of a contract notice without approval of the Council, contrary to 
Article 99 pa
ragraphs (3) and (5) and Article 198 paragraphs (3) and (5) of this Law, whereby 
obtaining grea
ter material gain for himself/herself or for another person, or causing greater 
damage, shall be punished with imprisonment of up to one year. 
GPA/ACC/MKD/1 
 
       - 128 -(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) of this Article, and with imprisonment of one up to three 
years for paragraph (3) of this Article. 
Article 232-l 
(1) The person who shall fail to complete the re-evaluation according to the decision of the 
State Commission whereby the procedure is subject to re-evaluation within five working days 
contrary 
to Article 140 paragraph (11) of this Law, with the intention that the validity period 
of tenders expires so as to prevent the selection of the winning tender, thus obtaining greater 
material gain for himself/herself or for another person, or causing greater damage, shall be 
punished with imprisonment of up to one year.  
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) of this Article, and with imprisonment of one up to three 
years for paragraph (3) of this Article. 
Article 232-m 
(1) The person who shall knowingly fail to publish the contract notice contrary to Article 54 
paragraph (2) of this Law, and who was obliged to do so pursuant to the provisions of this 
Law, thus 
obtaining greater material gain for himself/herself or for another person, or causing 
greater damage, shall be punished with imprisonment of up to one year.  
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) of this Article, and with imprisonment of one up to three 
years for paragraph (3) of this Article. 
Article 232-n 
GPA/ACC/MKD/1 
 
       - 129 -(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a contract award procedure 
with a framework agreement was published without the approval of the Council in the cases 
when there are not at least seven manufacturers, service providers or contractors of works on 
the market in the Republic of Macedonia and on the markets abroad that could meet the 
requirements from the technical specifications for an individual lot contrary to Article 36-b 
paragraph (1) of this Law, and thus obtaining greater material gain for himself/herself or fo r 
another person, or causing greater damage, shall be punished with imprisonment of up to one 
year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-o 
(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a contract award procedure 
with a framework agreement was published without the approval of the Council in the cases 
when the envisaged selection criteria could be fulfilled by less than seven economic operators 
from the market in the Republic of Macedonia contrary to Article 36-b paragraph (2) of this 
Law, and 
thus obtaining greater material gain for himself/herself or for another person, or 
causing greater damage, shall be punished with imprisonment of up to one year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The person who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-p 
(1) The Chairperson of the public procurement commission, his/her Deputy, the members and 
their deputies who will fail to undertake the actions referred to in Article 47, paragraphs (8) 
and (9) of this Law, resulting in a failure to publish a negative reference against an economic 
operator shall be punished with imprisonment of one up to five years. 
(2) The person, or head person of the organisational form within which the activities in the 
public procurement field are performed, who will fail to publish a negative reference pursuant 
GPA/ACC/MKD/1 
 
       - 130 -to the conditions of this Law, and thereby will act contrary to Article 29-a, paragraph (3), 
indent 8 of this Law shall be punished with imprisonment of one up to five years. 
(3) For the offence referred to in paragraph (2) of this Article, the responsible person of the 
contracting authority shall be punished with a fine. 
 
Article 232-q 
(1) The person who knowingly acted contrary to this Law or knowingly failed to undertake 
actions he/she was obliged to take pursuant to this Law, whereby a framework agreement was 
awarded without the approval of the Council with less than seven economic operators in the 
cases of a framework agreement with multiple economic operators, contrary to Article 118, 
paragraph (2) of this Law, and thus obtaining greater material gain for himself/herself or for 
another person, or causing greater damage, shall be punished with imprisonment of up to one 
year. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of one up to three years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of three up to five years. 
(4) The pe
rson who will commit the act referred to in paragraph (1) of this Article out of 
negligence shall be punished with imprisonment of up to six months, with imprisonment of 
up to one year for paragraph (2) and with imprisonment of one up to three years for 
paragraph (3). 
Article 232-r 
(1) The Chairperson of the public procurement commission, his/her Deputy, the members and 
their deputies who will fail to determine a negative reference issued against a tenderer 
participating in the procedure, thereby acting contrary to Article 140, paragraph (2) of this 
Law shall be punished with imprisonment of one up to five years. 
(2) The responsible person who will reach the final decision on selection of a tenderer against 
which a negative reference has been issued contrary to the provisions of this Law shall be 
punished with a fine. 
Article 232-s 
The person who shall fail to submit the documents referred to in Article 215, paragraph (1), 
indents 1, 3 and 4 of this Law to the State Commission within five working days as of the 
receipt of the appeal, thus acting contrary to Article 215 of this Law shall be punished with 
imprisonment of one up to five years.  
Article 232-t 
If the State Commission fails to adopt a decision within the time limits laid do wn in Article 
224 of this Law, the Chairperson of the State Commission and its members shall be punished 
with imprisonment of one up to five years. 
Article 232-u 
(1) The person who during the procedure will change or supplement those elements of the 
tender documentation for which the Council has granted approval contrary to Article 38 
GPA/ACC/MKD/1 
 
       - 131 -paragraph (4) of this Law, thus obtaining greater material gain for himself/herself or for 
another person, or causing greater damage, shall be punished with imprisonment of up to 
three years. 
(2) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained significant material gain for himself/herself or for another person, or caused 
significant damage, he/she shall be punished with imprisonment of three up to six years. 
(3) If the perpetrator by committing the act referred to in paragraph (1) of this Article 
obtained material gain of a large scale for himself/herself or for another person, or caused 
large-scale damage, he/she shall be punished with imprisonment of minimum four years. 
 
Chapter XII 
Final and transitional provisions 
 (Article 233 of the Law published in the “Official Gazette of the Republic of 
Macedonia” No. 136/2007)   
 The regulations prescribed by this Law shall be adopted within three months as of the 
day when this Law starts to apply, except for the Common Procurement Vocabulary, which 
shall be adopted within 
one year as of the day when this Law starts to apply.  
(Articl
e 234 of the Law published in the “Official Gazette of the Republic of 
Macedonia” No. 136/2007)   
 Until the entry into force of the regulations prescribed by this Law, the existing 
regulations shall apply, provided they are in accordance with this Law.  
 
(Article
 235 of the Law published in the “Official Gazette o f the Republic of 
Macedonia” No. 136/2007,  and Article 23 of the Law published in the “Official Gazette 
of the Republic of Macedonia” No. 130/2008)   
 (1) The State Commission shall be established and shall commence its operations by 
no later than 30 November 2008.  
 (2) Until 
the establishment and the commencement of operations of the State 
Commission, the Appeals Commission on Public Procurement within the Government of the 
Republic of Macedonia shall continue to perform the activities related to review and remedies 
in public pr
ocurement procedures referred to in Chapter IX of the Law on Public 
Procurement (“Official Gazette of the Republic of Macedonia”, No.  19/2004 and 109/2005).  
(Article 236 of the Law published in the “Official Gazette of the Republic of 
Macedonia” No. 136/2007)   
 The public procurement procedures initiated before this Law starts to apply shall be 
completed in accordance with the regulations effective prior to the start of application of this 
Law.  
(Article 237 of the Law published in t he “Official Gazette of the Republic of 
Macedonia” No. 136/2007)   
 As of the day when this Law starts to apply, the Law on Public Procurement 
(“Official Gazette of the  Republic of Macedonia”, No. 19/2004 and 109/2005) shall cease to 
be valid.  
GPA/ACC/MKD/1 
 
       - 132 - (Article 24 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 130/2008, and Article 8 of the Law published in the “Official Gazette of the 
Republic of Macedonia” No. 97/2010)   
 The contracting authority shall be obliged to use electronic auctions in accordance 
with Chapter VI Section 2 of the Law on Public Procurement, as follows:  
- in at 
least 30% of the estimated value of the planned contract award procedures as of 1 
January 2010; 
 - in at least 70% of the number of contract notices published for an open procedure, 
restricted proc
edure, negotiated procedure with prior publication of a contract notice and 
simplified competitive procedure with publication of a contract notice as of 1 January 
2011; and  
- in 
100% of the number of contract notices published for an open procedure, restricted 
procedure, negotiated procedure with prior publication of a contract notice and simplified 
competitive procedure with publication of a contract notice as of 1 January 2012.  
(Article
 25 of the Law publish ed in the “Official Gazette of the Republic of Macedonia” 
No. 130/2008)  
 Article 4 of
 this Law shall apply from 1 September 2009.  
(Article
 26 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 130/2008)  
 Article 6 of
 this Law shall apply from 1 January 2010.  
 (Article 9 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 97/2010)  
 The public
 procurement procedures initiated until the date of entry into force of this 
Law shall be completed in accordance with the regulations effective until the day when this 
Law enters into force.  
(Article 10 of the Law published in the “Official Gazette of the Republic of  Macedonia” 
No. 97/2010 was deleted by Article 67 of the Law published in the “Official Gazett e of 
the Republic of Macedonia” No. 185/2011 )  
(Article 11 of the Law published in the “Official Gazette of the Republic of  Macedonia” 
No. 97/2010 was deleted by Article 67 of the Law published in the “Official Gazette of 
the Republic of Macedonia” No. 185 /2011) 
(Article 6 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 53/2011)  
 The by
law referred to in Article 224 paragraph (7) of this Law shall be adopted within 
15 days as of the date of entry into force of this Law.  
 Upon the adoption of the bylaw referred to in paragraph (1) of this Article, it shall be 
published forthwith, and within no later than 24 hours on the web pages of the Ministry of 
Finance, the Public Procurement Bureau and the State Appeals Commission on Public 
Procurement.  
(Article
 68 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 185/2011)  
 The reg
ulations, the adoption of which is laid down in this Law, shall be adopted 
within a period of six
 months as of the date of entry into force of this Law.  
GPA/ACC/MKD/1 
 
       - 133 - The Code of Ethics when conducting public procurement and the Schedule of Rates 
for establishing the amount of the fees for using the ESPP shall be adopted within a period of 
two months as of the date of entry into force of this Law.  
(Article 69 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 185/2011)  
 The ce
rtificates for passed exam issued in accordance with the Law on Public 
Procurement ( “Official Gazette of the Republic of Macedonia ” No. 136/2007, 130/2008, 
97/2010 and 53/2011), as well as the certificates for passed exam for confirming the acquired 
knowledge of the module for training of trainers shall continue to be valid during the period 
for which they have been issued, but no longer than one year as of the date of entry into force 
of this Law.  
(Article
 70 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 185/2011)  
 The contr
act award procedures commenced before the date of entry into force of this 
Law shall be completed in accordance with the regulations effective until the day when this 
Law enters into force.   
(Article
 29 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.148/2013) 
(1) The Government shall appoint the members of the Council by no later than 31 
December 2013. 
(2) The contract award procedures commenced until the date of entry into force of this 
Law shall be completed in accordance with the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia” No. 136/2007, 130/2008, 97/2010, 53/2011, 185/2011 
and 15/2013). 
(Article 30 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.148/2013) 
 This Law shall enter into force on the eighth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”, except for the provisions referred to in 
Articles 9, 10, 15, 16 and 17 of this Law, which shall start to apply as of 1 January 2014, 
while Article 4 paragraph (2), Articles 5, 8, 22, 23, 24, 26 paragraph (1) and Article 28 of this 
Law shall start to apply as of 1 May 2014.  
(Article 14 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No. 28/2014) 
The contract award procedures commenced until the date of entry into force of this 
Law shall be completed in accordance with the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia” No. 136/07, 130/08, 97/10, 53/11, 185/11, 15/13 and 
148/13). 
(Article 15 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.28/2014) 
This Law shall enter into force on the eighth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”, except for the provisions referred to in 
Articles 1, 3 and 13, which shall start to apply as of 1 May 2014. 
(Article 9 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.43/2014) 
GPA/ACC/MKD/1 
 
       - 134 -The Director of the Public Procurement Bureau, the members of the Public 
Procurement Council and the Chairperson and members of the State Appeals Commission on 
Public Procurement appointed until the day when this Law starts to apply shall continue 
performing their function until the expiry of the term of office for which they are elected. 
(Article 10 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.43/2014) 
The provisions referred to in Articles 1, 2 and 6 of this Law concerning the condition 
for knowledge of a foreign language shall start to apply after two years from the date of entry 
into force of this Law. 
The provisions referred to in Article 3 paragraph (1), Article 7 and Article 8 of this 
Law shall start to apply as of 1 May 2014. 
The provisions referred to in Article 3 paragraph (2) of this Law shall start to apply as 
of 1 January 2015. 
The provisions referred to in Article 5 of this Law shall start to apply with the 
beginning of the application of the Law on Administrative Servants (“Official Gazette of the 
Republic of Macedonia” No. 27/14).     
(Article 11 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.43/2014) 
The contract award procedures commenced prior to the day when this Law starts to 
apply shall be completed in accordance with the regulations effective until the date of entry 
into force of this Law. 
 
(Article 12 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.43/2014) 
This Law shall enter into force on the eighth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”, and it shall start to apply after one y ear as 
of the date of entry into force of this Law. 
(Article 42 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.130/2014) 
The Chairperson and members of the State Commission appointed until the date of 
entry into force of this Law shall continue performing their function until the expiry of the 
term of office for which they are elected. 
(Article 43 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.130/2014) 
The provisions referred to in Article 29 of this Law amending Article 201 of the Law 
on Public Procurement (“Official Gazette of the Republic of Macedonia” No. 136/07, 130/08, 
97/10, 53/11, 185/11, 15/13, 148/13, 28/2014 and 43/2014), regarding the application of the 
Law on Administrative Servants and the Law on the Public Sector Employees to the 
employees in the expert service of the State Commission, shall become applicable with the 
beginning of the application of the Law on Administrative Servants and the Law on the 
Public Sector Employees. 
(Article 44 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.130/2014) 
GPA/ACC/MKD/1 
 
       - 135 -The contract award procedures commenced until the date of entry into force of this 
Law shall be completed in accordance with the Law on Public Procurement (“O fficial 
Gazette of the Republic of Macedonia” No. 136/07, 130/08, 97/10, 53/11, 185/11, 15/13, 
148/13, 28/2014 and 43/2014). 
(Article 45 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.130/2014) 
The Legislative Committee within the Assembly of the Republic of Macedonia shall 
be authorised to establish a consolidated text of the Law on Public Procurement. 
(Article 46 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.130/2014) 
This Law shall enter into force on the eighth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”.  
(Article 14 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.180/2014) 
The provisions referred to in Article 3 of this Law amending Article 14 paragraph (5) 
of the Law on Public Procurement (“Official Gazette of the Republic of Macedonia” No. 
136/07, 130/08, 97/10, 53/11, 185/11, 15/13, 148/13, 28/14, 43/14 and 130/14) concerning 
the composition of the Public Procurement Council shall become applicable three months 
after the date of entry into force of this Law.  
(Article 15 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.180/2014) 
 The contract award procedures initiated before the date of entry into force of 
this Law shall be completed pursuant to the Law on Public Procurement (“Official Gazette of 
the Republic of Macedonia” No. 136/07, 130/08, 97/10, 53/11, 185/11, 15/13, 148/13, 28/14, 
43/14 and 130/14). 
(Article 16 of the Law publ ished in the “Official Gazette of the Republic of Macedonia” 
No.180/2014) 
The Legislative Committee within the Assembly of the Republic of Macedonia shall 
be authorised to establish a consolidated text of the Law on Public Procurement. 
(Article 17 of the L aw published in the “Official Gazette of the Republic of Macedonia” 
No.180/2014) 
 This Law shall enter into force on the eighth day from the date of its 
publication in the “Official Gazette of the Republic of Macedonia”.  
(Article 13 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.78/2015) 
The contracting authority shall be obliged to conduct the open procedure, restricted 
procedure and simplified competitive procedure by using electronic means through the 
ESPP, specifically: 
- in minimum 30% of the published contract notices as of 1 January 2016;  
- in minimum 50% of the published contract notices as of 1 January 2017; and  
- in 100% of the published contract notices as of 1 January 2018.  
 
(Article 14 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.78/2015) 
GPA/ACC/MKD/1 
 
       - 136 -Contract award procedures initiated until the date of entry into force of this Law shall be 
completed pursuant to the Law on Public Procurement (“Official Gazette of the Republic of 
Macedonia” No. 136/2 007, 130/2008, 97/10, 53/11, 185/11, 15/13, 148/13, 28/14, 43/14, 
130/14 and 180/14). 
 
(Article 15 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.78/2015) 
This Law shall enter into force on the fifteenth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”.  
(Article 10 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
The bylaws whose adoption is envisaged by this Law will be adopted within six months as of 
the day when this Law starts to apply. 
(Article 11 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
The Chairperson and members of the Council appointed until the day when this Law starts to 
apply shall continue performing their duty until the expiry of the term of office for which 
they have been appointed. 
(Article 12 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
As of the day when this Law starts to apply, the Council shall continue to operate as an 
independent state authority. 
(Article 13 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
As of the day when this Law starts to apply, the administrative servants employed at the 
Bureau who perform activities which in accordance with this Law fall within the competence 
of the Council, as well as the equipment, documentation and other means related to the 
performance of these activities shall be taken over by the Council. 
(Article 14 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
Contract award procedures initiated until the day when this Law starts to apply shall be 
completed pursuant to the Law on Public Procurement (“Official Gazette of the  Republic of 
Macedonia” No. 136/2007, 130/2008, 97/2010, 53/11, 185/11, 15/13, 148/13, 28/14, 43/14, 
130/14, 180/14 and 78/15). 
(Article 15 of the Law published in the “Official Gazette of the Republic of Macedonia” 
No.192/2015) 
This Law shall enter into force on the eighth day from the date of its publication in the 
“Official Gazette of the Republic of Macedonia”, and it shall start to apply as of 1 January 
2016; except for the provisions from Article 2 adding the new Articles 14-j and 14-k, Article 
4 amending Article 101-a, Article 5 supplementing Article 160 paragraph (2) and Article 6 of 
this Law adding the new paragraph (3) in Article 190, which shall start to apply as of the date 
of entry into force of this Law.  
GPA/ACC/MKD/1 
 
       - 137 -MINISTRY OF FINANCE 
Pursuant to paragraph (2), Article 22 of the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia”, nos.  136/07, 130/08, 97/10, 53/11, 185/11, 15/13 and 148/13), Minister 
of Finance adopted the following     
RULEBOOK ON T
HE MANNER OF USING THE ELECTRONIC SYSTEM 
FOR PUBLIC PROCUREMENT  
Article 1 
This Rulebook shall regulate the manner of using the Electronic System for Public Procurement. 
Article 2 
Electronic System for Public Procurement (hereinafter referred to as: ESPP) shall comprise electronic 
equipment, means and programs providing for distance communication and exchange of data and shall be 
available on the website. 
Article 3 
Only authorized personnel, appointed by the the authority where ESPP is installed, or persons authorized 
by the Public Procurement Bureau (hereinafter referred to as: the Bureau) shall have physical access to 
the premises where ESPP is installed. 
Should any other person need to access the ESPP premises, he/she shall be accompanied and supervised 
by an authorized person. 
The premises where ESPP is installed shall be protected against the risks in the surrounding by applying 
measures and carrying out control so as to reduce the risk of any potential threats, including theft, fire, 
explosions, smoke, water, dust, vibrations, chemical impact, power supply outage and electromagnetic 
radiation. 
Servers and the application may be also accessed, when needed, remotely through virtual private network 
(VPN). The access shall be provided by the contractor where the ESPP is installed, upon request by the 
Bureau. 
Article 4 
ESPP shall include firewalls to protect the internal segments against external access, which shall be 
configurated to prevent any access and protocol not necessary for the functioning of ESPP. 
ESPP shall include system for protection against malisious software programs and shall be upgraded, on 
regular basis, with the latest definitions of malicious software programs. 
ESPP shall check for protection against malicious software programs whenever data is received. 
 
GPA/ACC/MKD/1 
 
       - 138 - 
 
 ATTACHMENT 2Article 5 
ESPP shall encrypt the received data and shall prevent their decrypting up to the moment of opening 
tenders or requests to participate and, during e-auctions, ESPP shall prevent the disclosure of the identity 
of auction participants. 
Communication between ESPP users and the ESPP shall be at an application level through encrypted 
(SSL) communication. 
Article 6 
Backup copy of data stored in ESPP shall be kept in a premise outside the one where the ESPP is installed 
and it shall be physically protected, with a password and against any modifications. 
Backup copy of the data shall be made each business day, at the end of the working week and each last 
business day in the month. 
For the purpose of backup copying, a device and sufficient number of media for making backup copies 
shall be ensured and backup copy management plan shall be prepared. 
Article 7 
Each user shall have a username and password as regards logging in, using functionalities and 
undertaking actions through the ESPP. 
Electronic signature (digital certificate) shall be used, in line with regulations on electronic signature, in 
procedures carried out by using electronic means through the ESPP. 
Digital certificate, the holder of which shall be an authorized person with the economic operator, shall be 
used to sign documents the economic operator itself prepares and submits through the ESPP. Should the 
digital certificate (signature) included in the electronic tender be issued by a foreign issuer, such issuer 
shall be authorized (registered) in the country of origin as an official issuer of digital certificates and its 
validity shall be confirmed by the Public Procurement Commission. 
Article 8 
Electronic archiving of the ESPP shall include storing of electronic documents in the original form in 
which they are created, sent, received and archived, a form which shall not alter the original contents. 
Law on Archive Materials shall be respectively applied when keeping and managing the ESPP electronic 
archive. 
Article 9 
Contracting authorities and economic operators shall, for the purpose of using the ESPP, register in the 
system by filling in the contact form, which shall be an integral part of the ESPP. 
GPA/ACC/MKD/1 
 
       - 139 -Appointed local system administrator at the contracting authority, i.e. the economic operator, shall 
register the entity in the ESPP and shall activate and deactivet the other users at that contracting authority, 
i.e. the economic operator. 
ESPP shall automatically process the data from the filled in contact form, create password and send it on 
the registered e-mail address to the local system administrator. 
Contracting authorities shall submit data from the contact form to the Bureau in a paper form, including 
signature and seal, or electronically, signed with an electronic signature. The Bureau shall, after checking 
the data filled in in the contact form, activate the local system administrator of the contracting authority. 
Economic operators shall obtain user name and password, as well as pro-forma invoice for the fee for 
using the ESPP. Following the payment of the fee, their profil shall become active and they may use and 
work with the ESPP. 
Article 10 
Each registered user of the ESPP shall itself create a user name, which shall be valid throughout the 
whole period of using the ESPP, without any possibility to change it, while it may change the password 
the ESPP automatically creates, as well as the password it itself created. Each contractor shall be 
registered on the ESPP. 
Article 11 
For the purpose of ensuring privacy and protection of personal data processing, the Bureau shal establish 
and apply organizational and technical measures, in line with the regulations governing the area of 
personal data protection. 
When filling in the contact form for registration, each entity registered as ESPP user shall be introduced 
the rules and the terms and conditions for using the ESPP and shall give consent for adhering thereto. 
Article 12 
The contracting authority shall use the ESPP so as to perform the following:  
- publish the prior information notice, contract notice, design contest notice, contract award notice, notice 
on cancelation of the contract award procedure and the tender documentation; 
- publish notice for simplified competitive procedures, keep records on the simplified competitive 
procedures and the simplified tender documentation;  
- publish an announcement for establishing public private partnership as public works concession and 
public services concession;  
- publish notice on the technical dialogue;  
- publish a notice for setting up a qualification system;  
- amend the information regarding a published contract notice and tender documentation;  
- publish the answers to the questions posed by the economic operators in the contract award procedure;  
- open and evaluate the tenders or the requests to participate in the contract award procedure;  
- keep agreed minutes from the tender opening and prepare/download the procedure outcome report and 
the report from the auction carried out;  
- pose questions and request clarifications and supplements to the documents in the course of tender 
evaluation or the requests to participate;  
GPA/ACC/MKD/1 
 
       - 140 -- prepare, adopt and announce decisions pertaining to the conducted prequalification, awarded public 
contract, concluded framework agreement or cancelled the contract award procedure;  
- conduct electronic auction;  
- create and publish negative references, and  
- create dossier on the contract award procedure or the conclusion of framework agreement.  
 
When filling in the contract notices and the notices on technical dialogue, the contracting authority shall 
select the appropriate category of procurement so as to send information for new contract notices to all 
registered economic operators with an activated profile. 
Article 13 
Registered economic operator with an activated profile shall use the ESPP so as to perform the following:  
- obtain information on new contract notices and notices on technical dialogue by e-mail and ESPP inbox, 
for three or more basic categories, which may not be changed in the course of the annual subscription;  
- download the tender documentation; 
- pose questions and receive answers in the contract award procedure;  
- submit a tender or request to participate, as well as the requested documentation;  
- answer
 the questions posed by the contracting authority in the course of tender evaluation, and 
- participate in an electronic auction.  
Registered economic operator with an active profile may use ESPP functionality, during a certain period, 
to upload documents proving the fulfillment of certain selection criteria. 
Article 14 
Communication in the ESPP shall be carried out by:  
- sending messages which the ESPP generates automatically or semi-automatically (with a possibility to 
be edited) upon undertaking certain action or messages compiled and sent by a user through a respective 
module in the ESPP to the registered address of the e-mail of another user;  
- sending or storing the message in the inbox for sent/received e-mail, available to each registered user, 
and  
- announcing the data on the public profile of the web application.  
Each communication shall be made simultaneously on at least two of the manners prescribed in paragraph 
1 of this Article. 
Message delivery shall be deemed to be successful when it shall appear in the user’s inbox, which the 
ESPP shall make automatically. Time of receiving a message in the recepient’s inbox shall the time 
appearing as the time of sending in the sender’s inbox. 
Article 15 
The ESPP shall record the economic operator and the time when it downloaded the tender documentation. 
The ESPP shall automatically send an e-message at each change of the contract notice and the tender 
documentation, with a notification on the change made, only to the economic operator which has 
previously dowloaded the tender documentation. 
GPA/ACC/MKD/1 
 
       - 141 -When receiving the documents and the messages the economic operator sent to the contracting authority 
and vice versa, the ESPP shall confirm the receipt by sending an automatic notification by e-mail and 
indicating the exact time. 
The ESPP shall prevent the receipt of tenders submitted following the expiry of the time limits stipulated 
for their submission, whereby electronic message shall be generated and sent to the inbox of the sender – 
the economic operator being late when submitting the tender. 
All contract notices and corrigendums thereto sent to the ESPP in the course of a working day by 3:30 
p.m. shall be published on the website the same day. 
Amendments and modifications to the tender documentation, as well as posing questions by the economic 
operators, may be done by 3:30 p.m. at the latest on the last day of the time limits prescribed pursuant to 
the Law on Public Procurement. 
The ESPP shall automatically prevent the publication of new contract notices of the contracting 
authorities not adhering to the obligations as regards the use of the ESPP. 
The contracting authority shall be allowed to again publish the contract notice following the automatic 
check up, within one day following the fulfillment of the obligations. 
Article 16 
As regards the first phase of the restricted procedure, the ESPP shall provide for decrypting and opening 
of the submitted requests to participate only after the expiry of the time limits for their submission. 
As regards public tender opening at the open procedure and the second phase of the restricted procedure, 
the ESPP shall provide for decrypting and opening of the submitted tenders. 
During the evaluation process, the ESPP shall automatically calculate the points as regards the element 
price under the economically most advantageous tender criterion in line with the Methodology for 
Expressing the Contract Award Criteria into Points. Should the contract award criterion be the lowest 
price, the ESPP shall automatically rank the tenderers. Should two or more tenders offer the same price, 
the tenderer having submitted the tender first shall be ranked first. 
Points awarded by the Public Procurement Commission regarding the elements under the criteria not 
being expressed into points under a formula shall be filled in in the respective fields in the ESPP. 
The ESPP shall automatically rank the tenderers according to the total number of points. Should two or 
more tenders have the same number of total points, the ESPP shall rank the first tender to reach the most 
of points as the first one. 
Article 17 
E-auction as a final phase in public procurement procedure, previously carried out through the ESPP or in 
paper form, may be carried out through the ESPP. Electronic auction through the ESPP shall be carried 
out on the basis of a price expressed in denars as an absolute amount or on the basis of percentages. 
 
GPA/ACC/MKD/1 
 
       - 142 -Article 18 
As regards a procedure with electronic auction when the criterion applied is economically most 
advantageous tender, Public Procurement Commission shall, prior to scheduling the electronic auction, 
completely evaluate the initially submitted tenders, whereby it shall award points for each element of the 
criterion. 
Initial ranking list of qualified candidates shall be composed on the basis of the carried out evaluation and 
the awarded points. 
As regards an electronic auction carried out in a procedure in which the criterion applied is economically 
most advantageous tender, the tenderers may reduced their initially offered prices, while the points 
awarded for the other elements shall remain unchanged. 
Article 19 
Tenderers, having submitted acceptable tenders in a paper form in a previous phase, shall be registered 
with an activated profile on the ESPP so as for they to be invited to participate in the electronic auction. 
The contracting authority shall schedule an electronic auction through the ESPP, whereby it shall set the 
day and the time to commence and close the auction, the mimimum and the maximum tresholds to reduce 
the prices allowed in the process of reverse auction, informing the tenderers, having submitted acceptable 
offers and being registered on the ESPP, thereof. Initial price in reverse auction shall be generated on the 
ESPP on the basis of the initially submitted prices from the acceptable tenders. 
Should initial tenders submitted in a procedure carried out in paper form and having electronic auction as 
a final phase be with same prices, when scheduling the electronic auction, the tenderer having submitted 
the tender first shall be enetered as firs t. 
Mimimum duration of an electronic auction shall be 15 mimutes. No electronic auction may be carried 
out on the ESPP during national holidays and non-working days, as well as prior to 8 a.m. and after 4:30 
p.m. 
Should, during an electronic auction, the current price at the electronic auction be equalized or reduced 
below the set mimimum and maximum tresholds determined by the contracting authority, the participants 
may reduce them beyond the mimimum and the maximum tresholds. 
Article 20 
The contracting authority shall invite, through the ESPP, the single tenderer to submit final price, 
whereby it shall set the day and the duration of the process of  submission of the final price. 
In order to be invited to submit final price in a procedure carried out in a paper form, the single tenderer 
shall have to registered with an activated profile on the ESPP. 
The initial price of the process of submission of the final price shall be generated on the ESPP on the 
basis of the initially submitted price from the acceptable tender. 
GPA/ACC/MKD/1 
 
       - 143 -Mimimum duration of the process of submission the final price shall be 15 mimutes. No process of 
submission of the final price may be carried out on the ESPP during national holidays and non-working 
days, as well as prior to 8 a.m. and after 4:30 p.m. 
Article 21 
The contracting authority shall send, through the ESPP, an invitation to participate in the electronic 
auction to all tenderers having submitted acceptable tenders and being registered with an activated profil 
on the ESPP, containing information referred to in Article 19 of this Rulebook. 
The contracting authority shall send, through the ESPP, an invitation for the process of submission of the 
final price to the single tenderer, containing the information referred to in Article 20 of this Rulebook. 
The invitation to participate in the electronic auction shall be sent simultaneously on the registered e-mail 
address of the person indicated as contact person in the tender and on the registered e-mail address of the 
economic operator. 
Each registered and activated user at the economic operator may participate in the electronic auction, 
whereby only the user at the economic operator, having submitted a reduced price first, may complete the 
electronic auction. 
Article 22 
Should the criterion in the procedure with electronic auction be the lowest price, the ESPP shall 
automatically set the lowest price from all tenders previously evaluated and accepted to participate in the 
electronic auction as the initial price. 
Should the criterion in the procedure with electronic auction be the economically most advantageous 
tender, the initially submitted price of each qualified tenderer shall be set as its initial price. 
Article 23 
In order for an electronic auction to be carried out on the ESPP, it shall be necessary for at least two 
initialy accepted tenders to be submitted in the contract award procedure. 
Article 24 
Following the initial round, covering the period from composing the initial ranking list of tenderers 
having submitted acceptable tenders up to the moment the next round commences, one more round may 
be carried out through the ESPP, whereby the contracting authority shall set the date and the time for the 
commencement and the ending of the round and the tenderers may submitted unlimited number of ne w 
reduced prices. 
The ESPP shall automatically extend the time for reverse auction for additional three minutes whenever 
new price shall be submitted in the last three minutes of the time determined for reverse auction. The 
ESPP shall continuously and automatically extend the time for additional three minutes as long as new 
price shall be submitted in the last three minutes. 
GPA/ACC/MKD/1 
 
       - 144 -The electronic auction shall be automatically closed if no new price shall be submitted in the last three 
minutes. 
Extension of the time of the electronic auction for additional three minutes shall not affect the course of 
another electronic auction in which the same economic operator participates, unless the time period the 
two electronic auctions overlaps. 
The process of submission of the final price shall be automatically closed following the expiry of the time 
for submission of final price or following the submission of the final price. The single tenderer shall 
submit the final price only once and, should it not submit any price, the initially offered price shall be 
deemed as final. 
Article 25 
In case when the subject-matter of the public contract is divided into lots, date and time for commencing 
and ending the electronic auction for each lot of the subject-matter of procurement shall be set through the 
ESPP, i.e. individual electronic auction shall be carried out for each lot. 
Article 26 
Information referred to in Article 19 of this Rulebook may be changed in the ESPP until the electronic 
auction commences. 
Message shall be sent, through the ESPP, to the ESPP inbox and to the registered e-mail address of the 
selected qualified tenderers for any made change referred to in paragraph 1 of this Article. 
Article 27 
Should any technical error or crash occur, i.e. should the ESPP be inaccessible (hereinafter: technical 
error), whereby the economic operators are hindered to participate in the procedure carried out by 
applying electronic means, to participate in an electronic auction or a process of submission of the final 
price, the ESPP administrator shall extend the time limit for submission of offers or the duration of the 
auction for a period equal to the period of ESPP disruption, i.e. in case of expiry of the time limit, it shall 
provide for the electronic auction and the process of submission of the final price to be re-scheduled. 
Should an ESPP user report any problem, analysis shall be carried out and, should occurrence of technical 
error be determined, the ESPP administrator, depending on the nature of the technical error, shall:   
- provide for the auction to be re-scheduled,  
- provide for the auction to continue,  
- provide for the process of submission of the final price to be re-scheduled,  
- provide for the time limit for submission of the tenders or the requests to participate to be extended, or  
- provide for the technical error when using the ESPP to be resolved, whenever possible.  
Technical error on the ESPP shall not be internet connection interruption at the economic operator, 
incorrect usage of the ESPP application by the economic operator or any other technical problem with its 
local IT system. 
 
 
GPA/ACC/MKD/1 
 
       - 145 -Article 28 
Rulebook on the Manner of Using the Electronic System for Public Procurement (“Official Gazette of the 
Republic of Macedonia”, no. 57/13) shall cease to be valid  on the day this Rulebook enters into force. 
57/13). 
Article 29 
This Rulebook shall enter into force on the day following the day it is published in the “Official Gazette 
of the Republic of Macedonia”.  
 
No. 02-2497/1   
24th January 2014  Minister of Finance,  
Skopj e Zoran Stavreski  МА, in his own hand  
 
GPA/ACC/MKD/1 
 
       - 146 -MINISTRY OF FINANCE  
Pursuant to paragraph (7), Article 142 of the Law on Public Procurement (“Official Gazette of 
the Republic of Macedonia”, no. 136/07), Minister of Finance adopted the following   
RULEBOOK ON THE FORM AT AND THE CONTENTS OF TH E 
PROCEDURE OUTCOME REPORT FORM    
Article 1 
This Rulebook shall stipulate the form at and the contents of the Procedure Outcome Report Form. 
Article 2 
Procedure Outcome Report shall be kept on a form attached, being an integral part of this Rulebook. 
Article 3 
This Rulebook shall enter into force on the day it is published in the “Official Gazette of the Republic of 
Macedonia”.  
No. 23-9923/1   
4th May 2008  Minister,  
Skopje  Trajko Slaveski  PhD, (in his own hand)  
 
 
 
 
 
 
 
 
 
GPA/ACC/MKD/1 
 
       - 147 - 
 
 ATTACHMENT 3MINISTRY OF FINANCE 
Pursuant to Article 142, paragraph 7 of the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia”, nos. 136/07, 130/08 and 97/10), Minister of Finance adopted the 
following   
RULEBOOK 
ON AMENDING THE RULEBOOK ON THE FORMAT AND 
THE CONTENTS OF THE PROCEDURE OUTCOME REPORT FORM 
Article 1 
Procedure Outcome Report Form in the Rulebook on the Format and the Contents of the Procedure 
Outcome Report Form (“Official Gazette of the Republic of Macedonia”, no. 36/ 08) shall be replaced 
with a new form, attached thereto, which shall be an integral part of this Rulebook. 
Article 2 
This Rulebook shall enter into force on the day following the day it is published in the “Official Gazette 
of the Republic of Macedonia”.  
 
No. 01-2278/1   
26th November 2010  Minister of Finance,  
Skopje  Zoran Stavreski  МА, in his own hand   
 
 
 
 
 
 
 
 
 
 
GPA/ACC/MKD/1 
 
       - 148 - 
 
 ATTACHMENT 4MINISTRY OF FINANCE 
Pursuant to Article 142, paragraph (7) of the Law on Public Procurement (“Official Gazette of 
the Republic of Macedonia”, nos.  139/07, 130/08, 97/10, 53/11 185/11, 15/13, 148/13, 28/14, 
43/14 and 130/14), Minister of Finance adopted    
RULEBOOK ON
 AMENDING THE RULEBOOK ON THE FORMAT AND 
THE CONTENTS OF THE PROCEDURE OUTCOME REPORT FORM 
Article 1 
Procedure Outcome Report Form in the Rulebook on the Format and the Contents of the Procedure 
Outcome Report Form (“Official Gazette of the Republic of Macedonia”, nos. 36/08 and 155/10) shall be 
replaced with a new form, attached thereto, which shall be an integral part of this Rulebook. 
Article 2 
This Rulebook shall enter into force on the day following the day it is published in th e “Official Gazette 
of the Republic of Macedonia”.  
No. 02–36442/1   
27th October 2014  Minister of Finance,  
Skopje  Zoran Stavreski , in his own hand  
 
 
GPA/ACC/MKD/1 
 
       - 149 - 
 
 ATTACHMENT 5MINISTRY OF FINANCE 
Pursuant to Article 198- b, paragraph (6) of the Law on Public Procurement (“Official Gazette of 
the Republic of Macedonia”, nos.  136/07, 130/08, 97/10, 53/11 and 185/11), Minister of Finance 
adopted the following  
RULEBOOK ON THE FORM AT AND THE CONTENTS OF THE FORM 
OF THE NOTICE FOR SETTING UP A QUALIFICATION SYSTEM 
Article 1 
This Rulebook shall stipulate the form at and the contents of the form of the notice for setting up 
a qualification system. 
Article 2 
Notice for setting up a qualification system shall contain the following elements: 
- contracting authority;  
- subject-matter of the public contract;  
- procedure;  
- legal, economic, financial and technical information, and  
- administrative information.  
The for
mat and the contents of the form of the notice for setting up a qualification system shall 
be presented in an Appendix, being an integral part of this Rulebook. 
Article 3 
This Rulebook shall enter into force on the day following the day it is published in the “Offic ial 
Gazette of the Republic of Macedonia”.  
 
No. 02-26461/1   
16th July 2012  Minister of Finance,  
Skopje  Zoran Stavreski  МА, in his own hand  
 
 
 
GPA/ACC/MKD/1 
 
       - 150 - 
 
 ATTACHMENT 6Pursuant to Article 167, paragraph (4) of the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia”, nos. 139/07, 130/08, 97/10, 53/11 185/11, 15/13, 
148/13, 28/14, 43/14 and 130/14), Minister of Finance adopted the following  
 
   
 
RULEBOOK   
on Amending 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  
 
 
Article 1  
 Appendices 1 and 3 to 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 
(”Official Gazette of the Republic of Macedonia”, no. 84/12) shall be replaced with new 
Appendices 1 and 3, which shall be an integral part of this Rulebook.    
 
 
Article 2  
 This Rulebook shall enter into force on the d ay following the day it is published in the 
“Official Gazette of the Republic of Macedonia”.  
 
 
 
 
No. 02-38951/1                           Zoran Stavreski  
13th November 2014                                                             Minister of Finance                                                                                        
Skopje            
GPA/ACC/MKD/1 
 
       - 151 - 
 
 ATTACHMENT 7MINISTRY OF FINANCE 
Pursuant to Article 167, paragraph (4) of the Law on Public Procurement (“Official Gazette of 
the Republic of Macedonia“, nos. 136/07, 130/08, 97/10, 53/11 and 185/11), Minister of Finance 
adopted the following      
RU
LEBOOK 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 
Article 1 
This Rulebook shall regulate 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. 
Article 2 
The form and the contents of the notification to candidates on decisions pertaining to conducted 
prequalification shall be presented in Appendix 1, which shall be an integral part of this 
Rulebook. 
Article 3 
The form and the contents of the notification to tenderers on decisions pertaining to awarded 
public contract shall be presented in Appendix 2, which shall be an integral part of this 
Rulebook. 
Article 4 
The form and the contents of the notification to tenderers on decisions pertaining to concluded 
framework agreement shall be presented in Appendix 3, which shall be an integral part of this 
Rulebook. 
Article 5 
The form and the contents of the notification to both the candidates and the tenderers on 
decisions pertaining to cancelled contract award procedure shall be presented in Appendix 4, 
which shall be an integral part of this Rulebook. 
 
 
GPA/ACC/MKD/1 
 
       - 152 - 
 
 ATTACHMENT 8Article 6 
This Rulebook shall enter into force on the day following the day it is published in the “Official 
Gazette of the Republic of Macedonia”.  
No. 02-25062/1   2nd July 2012  Minister of Finance,  
Skopje  Zoran Stavreski  МА, in his own hand  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GPA/ACC/MKD/1 
 
       - 153 - 
 Official Gazette of the Republic of Macedonia,  No. 90 from 18.7.2012 
 
MINISTRY  OF FINANCE 
 
  On the basis of Article 14‐a paragraph  (7) of the Law on Public Procurement  (“Official Gazette  of 
the Republic of Macedonia”  No. 136/07, 130/08, 97/10, 53/11 and 185/11), the Minister of Finance 
adopted a  
 
RULEBOOK  ON PUBLIC PROCUREMENT  EDUCATION  PROGRAMME,  TRAIN‐THE‐TRAINERS  
PROGRAMME,  THE FORM AND CONTEN TS OF TH E CERTIFICATE  FOR PASSED EXAM FOR PUBLIC 
PROCUREMENT  OFFICER AND PUBLIC PROCUREMENT  TRAINER,  AS WELL AS THE AMOUNT  OF THE FEE 
PAID BY THE PARTICIPANTS  IN THE EDUCATION   
 
Article 1 
  This rulebook shall regulate the public  procurement  education  programme,  the train‐ the‐
trainers programme,  the form and contents  of the certificate  for passe d exam for public procurement  
officer and public  procurement  trainer, as well  as the amount of the fee paid by the participants  in the 
education.  
 
Article 2 
  The public procurement  education  programme  shall be comprised  of two modules:   
 Training  module for contracting  authorities  and  
 Training 
module for economic  operators.  
  The training  module for contracting  authorities  for persons who have not previously  obtained a 
certificate  for passed exam for public  procurement  officer shall  last  35 school classes, encompassing  
topics from  part 1 to 13 of the programme  referred to in paragraph  1 of this Article, wherea s fo r persons 
who have previously  obtained a certificate  for passed  exam for public procurement  officer, the training 
shall last seven school classes, encompassing  topics from part 14 and 15 of the programme  referred to 
in paragraph  1 of this Article.  
  The training module for economic  operators  shall last 14 school  classes. 
  The programme  referred to in paragraph  1 of this Article is enclosed as Annex 1 which is a 
compound  part of this Rulebook.  
GPA/ACC/MKD/1 
 
       - 154 - 
 
 ATTACHMENT 9 
 Official Gazette of the Republic of Macedonia,  No. 90 from 18.7.2012 
 
Article 3 
  The training for public  procurement  trainers  shall be conducted  in accordance  with  the public 
procurement  train‐the‐trainers programme.   
  The training for public procurement  trainers for persons who have not previously  obtained a 
certificate  for passed  exam for public  procurement  trainer shall last 70 school classes, encompassing 
chapters I to X of the prog ra mme referred to in paragraph  1 of this Article, whereas for persons who 
have previously  obtained a certificate  for passed exam for public procurement  trainer, the training shall 
last 14 school  classes, encompassing  chapters XI to XIV of the programme  referred to in paragraph  1 of 
this Ar
ticle.  
  The programme  referred to in paragraph  1 of this Article is enclosed as Annex 2 which is a 
compound  part of this Rulebook.  
  
Article 4 
  The amount of the fee paid by the participants  in the education  shall  be: 
 15.000  Denars for attending  the train‐the‐trainers modu l e for persons who have not previously  
obtained a certificate  for passed exam for public procurement  trainer, that is to say, 4.000 
Denarsfor  persons who have previously  obtained a certificate  for passed exam for public 
procurement  trainer; 
 9.500  Denarsfor  attending  the training module for contracting  authoritiesfor  persons who have 
not previously  ob
tained a certificate  for passed  exam for public  procurement  officer, that is to 
say, 2.000 Denars for persons who have previously  obtained a certificate  for passed exam for 
public  procurement  officer, and 
 3.000  Denars for attending  the training modulefor  economic  operators.  
 
Article 5 
  The form and content s of th e certificate  for passed exam for public procurement  officer is 
enclosed  as Annex 3and is a compound  part of this Rulebook.  
 
Article 6 
  The form  and contents  of the certificate  for passed exam for public  procurement  trainer  is 
enclosed  as Annex 4 and is a compound  part of this Rule book. 
  
GPA/ACC/MKD/1 
 
       - 155 - 
 Official Gazette of the Republic of Macedonia,  No. 90 from 18.7.2012 
 
Article 7 
As of the day this Rulebook  enters  into force, the Rulebook  on the programme,  manner of 
conducting  the exam, the amount  of the fee, as well  as the form and contents  of the certificate  (“Official 
Gazette of the Republic of Macedonia”  No. 18/11) shall  cease to be valid.  
 
Articl
e 11 
This Rulebook  shall  enter into force the following  day as of the day of its publication  in the 
“Official Gazette of the Republic of Macedonia”.  
 
 No. 02‐25986/1          Minister of Finance 
11 July 2012                                 M.A. Zoran Stavreski  
Skopje 
  
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Annex 1 
 
PUBLIC PROCUREMENT  EDUCATION  PROGRAMME  
 
TRAINING  MODULE FOR CONTRACTING  AUTHORITIES  
 
Part 1: Need  for regulating  public  procurement and  basic principles  – 1 class 
•  Transparency  
•  Equal treatment  and non‐discrimination 
•  Competition  among economic  operators  
•  Rational and efficient use of funds. 
Part 2: EU public procurement  – 1 class 
•  Valid public procurement  regulations  on Europ ean level 
Part 3: Public procurement  in the Republic of Macedonia  – 2 classes 
•  Introduction  to the Law  on Public Procurement  
•  Contracting  authorities  from the classic public  sector and utilities’ activities 
•  Types of contracts  
•  Exceptions  from application  
•  Green consumption  in public procurement  
Part 4: Prevention  of corruptio n and conflicts of interest in public procurement  ‐ 1 class 
•  Legal regulation  of the fight against  corruption,  with a special emphasis  on criminal liability 
•  Corruption  in public  procurement  
•  Legal regulation  of the conflict of interest  and the connection  of the Law  on Public Procurement  
with the rules on prev enting conflicts of interest 
•  Acting  in case of a conflict of interest in public procurement  
 
 
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Part 5: Public procurement  planning  – 2 classes 
•  Defining the needs 
•  Market research 
•  Determining  divisibility  or indivisibility  of a contract 
•  Public procurement  plan 
•  Prior indicative  notification  
Part 6: Types of contract award procedures  – 2 classes 
•  Open procedure  
•  Restricted  procedure  
•  Negotiated  procedure  with prior publ ication of a cont ract notice 
•  Negotiated  procedure  without prior publication  of a contract notice 
•  Competitive  dialogue 
•  Simplified  competitive  procedures  
•  Open design contest 
•  Special means of awarding  public procurement contracts  
Part 7: Preparation  of tender documents  ‐ 2 classes 
•  Defining and types of technical specifications  
•  Techn
ical dialogue 
•  Use of standards  
•  Formal and functional  characteristics 
•  Criteria for determining  qualification  and contract award criteria 
Part 8: Initiation of the procedure  – 3 classes 
•  Manner of submitting  the tender documentation  
•  Means of communication  between the contracting  authority  and the interested  economic  
  operators  in the course of the time  period provided for submitting  tenders 
•  Requests for  clarification  to the tender documentation  
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Part 9: Public opening and evaluation  of tenders – 3 classes 
•  Public opening procedure  
•  The process  of determining  qualification 
•  Negative references  
•  Communication  of the commission  with the tenderers   
•  Evaluation  of tenders on the basis of the contract award criterion 
Part 10: Completion  of the procedure  ‐ 1 class 
•  Sele
ction of the most advantageous  tender 
•  Cancellation  of the procedure  
Part 11: Legal protection  and awarding  the public  procurement  contract – 3 classes 
•  State Appeals Commission  
•  The appeal as a legal remedy 
•  Procedure  before the State Appeals  Commission  
•  Decisions  of the State Appeals Commission  
Part 12: Ele
ctronic public  procurement  in the Republic of Macedonia  – 7 classes 
•  Legal presumptions  
•  Electronic  system for public procurement  
•  Conducting  the procedure  electronically  
•  Former experiences  
Part 13: Electronic  auctions – 7 classes 
•  Legal presumptions  and course of the procedure  
•  Former experiences  
Part 14: Nove lties in the le gal framework  of the Republic of Macedonia  ‐ 3 classes 
•  Amendments  and modifications  to the Law on Public Procurement  and to other legal regulations  
  having a direct impact on public  procurement  
•  Amendments  and modifications  to bylaws 
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•  Novelties  in the practice  and stances of competent  authorities  
 
Part 15: Novelties  in the Electronic  System for Public Procurement  – 4 classes 
•  New functionalities  or changes to present functionalities  of the system 
•  Plans for future development  of the system  
 
TRAINING  MODULE FOR ECONOMIC  OPERATORS  
Part 1 ‐ Law on Public Proc urement ‐ 1 class 
•  Basic characteristics  of the Law on Public Procurement  relevant for the economic  operators  
•  Prevention  of conflicts of interest and corruption  in public  procurement  instigated  by the private 
  sector 
Part 2 ‐ Preparation  of the tender and necessary  documentation  ‐ 3 classes 
•  Clarification  of the contents of the tender d ocumentation  
•  Provision  of formal accuracy to the tender 
•  Documents  to prove the tenderers’  qualification  
Part 3 ‐ Rights and obligations  of the economic  operator in the course of the contract award procedure  ‐ 
3 classes 
•  Rights and obligations  of the economic  operator during the time period for subm ission of 
  tenders 
•  Rights and obligations  of the economic  operator at the public opening  and in the course of the 
  evaluation  of tenders 
•  Rights and obligations  of the economic  operator after the selection decision or cancellation  
  decision is reached ‐ legal protection  
Part 4 ‐ Use of the Electronic  Syste m for P ublic Procurement  ‐ 7 classes 
•  Registration  on ESPP and its use to get the necessary  information  for published  notices 
•  Participation  with electronic  tenders 
•  Participation  in e‐auctions 
  
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Annex 2 
TRAIN‐THE‐TRAINERS  PROGRAMME  
 
Chapter  I: Administrative  Law – 4 classes 
Part 1: Organization  of the administration  of the Republic of Macedonia  
Part 2: First instance administrative  procedure  
Part 3: Second instance appellate  procedure  
Part 4: Administrative  dispute 
 Chapter  II: Contract Law – 3 classes 
Part 1: Origination  of obligations 
Part 2: Form of the contract 
Part 3: Two‐party cont
racts 
Part 4: General effects of the contract 
 Chapter  III: Introduction  to public procurement  – basic principles,  legal and institutional  framework  – 
7 classes 
Part 1: Public procurement:  Introduction,  historical  context 
•  Historical  context and development  of public procurement  
•  Development  of the EU legislation  in public procur ement 
•  In 
ternational  public procurement  regulations  (World Bank, EBRD, WTO) 
•  Historical  context of national public procurement  regulations  
Part 2: Basic principles  of public  procurement  
•  Transparency  
•  Equal treatment  and non‐discrimination 
•  Competition  among economic  operators  
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•  Rational and efficient use of funds 
Part 3: Legal framework  
•  EU public  procurement  legal framework  
  *  EU founding  treaties – relevant  provisions  
  *  EU Public Procurement  Directives  
  *  Verdicts of the European  Court of Justice 
•  Public procurement  legal framework  in the Republic of Macedonia  
•  Law on Public Pro curement  
•  Bylaws on public procurement  
•  Other relevant laws. 
Part 4: Institutional  framework  
•  Public Procurement  Bureau 
•  State Appeals Commission  
•  State Audit Office 
•  State Commission  for Prevention  of Corruption  
•  State Commission  for Protection  of Competition  
•  Secretariat  for European  Affairs 
Chapter  IV: Law on Public Procurement  – scop e of application  – 7 classes 
Part 1: General overview of the Law on Public Procurement  and the bylaws 
Part 2: Contracting  authorities  – classic public  sector:  
•  state  bodies and bodies of the units of the local self‐government  and of the City of Skopje 
•  legal enti ties founded for a specific purpose to meet the needs  of the public interest 
Part 3: Contracting  authorities  in the sectors water supply, energy, transport,  postal  services and other 
covered activities 
Part 4: Public procurement  contracts  and scope of the contracts  
•  Goods 
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•  Services 
•  Works 
•  Combined  contracts  
Part 5: Exceptions  from application  of the Law on Public Procurement  
•  General  exceptions  from application  
•  Special exceptions  from application  
Part 6: General rules of the procedure  
•  Estimation  of the value of the public procurement  contract 
•  Public procurement  decision 
•  Means of communica t ion 
•  Code  of Ethics when conducting  contract award procedures  
Chapter  V: Activities  prior to the implementation  of the contract award  procedure  – 7 classes 
Part 1: Contract award procedures  (basic characteristics)  
•  Open procedure  
•  Restricted  procedure  
•  Negotiated  procedure  with prior publication  of a contract notice 
•  Negotiated proce d ure without prior publication  of a contract notice 
•  Competitive  dialogue 
•  Simplified  competitive  procedure  
•  Open design contest 
•  Competitive  dialogue 
Part 2: Public procurement  planning 
•  Main actors in the public  procurement  process 
•  Previous activities 
•  Defining the needs 
 
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•  Green consumption  in public procurement  
•  Market research 
•  Determining  divisibility  or indivisibility  of a contract 
•  Public procurement  plan 
•  Prior indicative  notification  
Part 3: Special means of awarding  public procurement  contracts  
•  Framework  agreements  
•  Electronic  auctions 
•  Qualification  systems 
Chapter  VI: Conducting  the contract award procedure  – 14 classes 
Part 1: Pr
eparation  of tender documents  
•  Defining and types of technical specifications  
•  Technical  dialogue 
•  Use of standards  
•  Formal and functional  characteristics 
•  Specification  of goods 
•  Specification  of services 
•  Description  of works 
•  Submitting  and clarifying the tender  documents  
Part 2: Publication  of notices and notific ation s 
•  Prior indicative  notification  
•  Contract notice 
•  Contract award notice 
•  Use of the Common Procurement  Vocabulary 
Part 3: Determining  qualification  of economic  operators  
 
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•  The process  of determining  qualification 
•  Criteria for determining  qualification  
•  Necessary  documents  for determining  qualification  
Part 4: Determining  the contract award criterion 
•  Lowest price 
•  Economically  most advantageous  tender 
Part 5: Public opening and evaluation  of tenders 
•  Public opening 
•  Evaluation  of tenders 
•  Negative references  
•  Awarding  the cont ract 
•  S
tandstill period 
•  Unusually  low prices 
•  Negotiation  opportunities   
Part 6: Obligations  for notifying the participants  in the procedure  
Part 7: Participation  of economic  operators  in the procedure  
•  Monitoring  published  contract notices 
•  Preparation  of the tender and necessary  documentation  
•  Rights of the tenderer at the public  opening and th e evaluation  of tenders 
Chapter  VII: Electronic  public procurement  and electronic  auctions – 14 classes 
Part 1: Electronic  public  procurement  in the Republic of Macedonia  
•  Legal presumptions  
•  Electronic  system for public procurement  
•  Conducting  the procedure  electronically  
•  Former experiences  
 
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Part 2: Electronic  auctions 
•  Legal presumptions  and course of the procedure  
•  Former experiences  
Chapter  VIII: System of legal protection,  running the appeals procedure  and control – 7 classes 
Part 1: System of legal protection  in EU public procurement  
•  Relevant review  directives  
•  Verdicts of the European  Court of Justice 
Part 2: State Appe a
ls Commission  
•  Composition  and foundation  
•  Competences 
•  Manner of operation  and decision making 
Part 3: The appeal as a legal remedy 
•  Right to appeal 
•  Manner of expressing  the appeal 
•  Action of the appeal 
•  Procedural  costs 
Part 4: Role of the State Audit Office and the inte rnal auditors in controlling  the legality of the procedure 
Chapter  IX: Conflict of interest and corruption  in public procurement  – 4 classes 
Part 1: Corruption  in public procurement  
•  Term 
•  Legal regulation  of the fight against  corruption,  with a special emphasis  on criminal liability 
•  Institutional  framew ork 
•  Corr
uption in public  procurement  
•  Basic principles  of public procurement  as an instrument  in the fight against corruption  
•  Main risks of corruption  and conflict of interest in the stage of planning and measures  for their 
prevention  
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•  Main risks  of corruption  in the course of the contract award procedure  and measures  for their 
prevention  
•  Main risks of corruption  in the course of the execution  of the public  procurement  contract and 
measures  for their prevention  
Part 2: Prevention  of conflict of interest 
•  The term  conflict of interest 
•  Leg
al regulation  of the conflict of interest  and the connection  of the Law  on Public Procurement  
with the rules on preventing  conflicts of interest 
•   Institutional  framework  
•  Acting  in case of a conflict of interest in public procurement  
Chapter  X: Presentation  skills – 3 classes 
Chapter  XI: Novelties in  the legal framework  in the  Republic  of Macedonia  – 3 classes 
•  Amendments  and modifications  to the Law on Public Procurement  and to other legal regulations  
having a direct impact on public  procurement  
•  Amendments  and modifications  to bylaws 
•  Novelties  in the practice  and stances of competent  authorities  
Chapter XII: Noveltie s in
 the Electronic  System for Public Procurement  – 4 classes 
•  New functionalities  or changes to present functionalities  of the system 
•  Plans for future development  of the system 
Chapter  XIII: Novelties  in the EU legal framework  – 3 classes 
•  New EU public procurement  regulations  and initiatives 
•  Eur
opean integration  activities (activities  according  to NPAA)  
Chapter  XIV: Concluding  discussions  and exchange  of experiences  with the trainers – 4 classes  
 
  
 
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Annex 3 
 
/Logo of the Public Procurement  Bureau / 
 
   On the basis of Article 14‐a paragraph  (1) of the Law on Public Procurement  (“Official Gazette  of 
the Republic of Macedonia”  No.  136/07, 130/08, 97/10, 53/11 and 185/11), the Public Procurement 
Bureau issues  
 
CERTIFICATE  
for passed exam for public procur e
 ment officer 
 
  This is to certify that ______________________________,  born on ___________________  in 
_________________  successfully  passed  the examination  for public procurement  officer in accordance  
with the Public procurement  education  programme  ‐ Training  module for contracting  authorities  on 
_______________  year. 
  This certificate  is valid for three  years. 
  
 
  
 
Number __________________              Director, 
Skop
je, ___________________            ____________________  
  
 
 
 
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Annex 4 
 
/Logo of the Public Procurement  Bureau/ 
 
 
  On the basis of Article 14‐a paragraph  (2) of the Law on Public Procurement  (“Official Gazette  of 
the Republic of Macedonia”  No.  136/07, 130/08, 97/10, 53/11 and 185/11), the Public Procurement 
Bureau issues  
 
CERTIFICATE  
for passed exam for public procurement  trai ner 
 
  This is to certify that ______________________________,  born on ___________________  in 
_________________  successfully  passed the examination  for public procurement  trainer in accordance  
with the Train‐the‐trainers programme  ‐ Train‐the‐trainers  module  on _______________  year. 
  This certificate  is valid for two years. 
 
 
 
  
 
Number __________________              Director, 
Skopje, ___________________    
       ____________________  
  
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       - 169 - Pursuant to Article 139, paragraph 4 of the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia” no. 136/07), the Minister of 
Finance adopted the following 
 
 
R U L E B O O K 
on the procedure of tender opening and the form of keeping minutes for 
the public opening of tenders** 
 
 
Articl
e 1 
This Rulebook shall stipulate the procedure of tender opening and the 
form for keeping minutes for the public opening of tenders. 
 
Article 2 
The tender opening procedure shall be carried out by a Commission.  
 
Article 3 
The tender opening procedure shall begin at the place and in the time 
specified in the tender documentation as the time limit for submitting the 
tenders. 
If the day set as the final time limit for submitting the tenders is a non-
working day, the public opening of tenders shall take place on the following 
working day and at the determined time and place. 
 
Article 4 
Any interested person may attend the public tender opening. 
Only authorized representatives of the tenderers may participate in the 
tender opening procedure by giving their remarks in the minutes of the public 
opening of tenders. 
 
Article 5 
The Commission shall determine the total number of received tenders 
and shall enter it in the minutes of the public opening of tenders. 
The Commission shall record the authorized representatives of the 
tenderers in a way that the authorized representatives shall provide written 
authorization from the tenderer they represent and shall compose a records 
list for presence, on which each authorized representative writes his/her name 
and surname, the name of the tenderer and signs the records list.  
The Commission shall determine the number of changes, 
replacements and withdrawals of tenders and shall enter it in the minutes of 
the public opening of tenders. 
Any tender, its change, replacement or withdrawal submitted after the 
expiry of the time limit for submitting the tenders shall be declared as late and 
shall be returned unopened to the tenderer.  
The Commission shall determine the number of late tenders, changes, 
replacement or withdrawals and shall enter it in the minutes of the public 
opening of tenders. 
                                                 
* Published in "Official Gazette of the Republic of Macedonia" number 154/07 
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 ATTACHMENT 10 
 
 
Article 6 
When opening the tenders, the envelopes for change, replacement or 
withdrawal of tenders shall be opened first and the data thereof shall be 
entered in the minutes of the public opening of tenders. 
 
Article 7 
The Commission shall open the envelopes with tenders according to 
order of their receipt at the contracting authority, one by one, whereby it shall 
determine whether the tender is in the stipulated validity period and whether 
the requested guarantees are submitted, and the data thereof are entered in 
the minutes of the public opening of tenders. 
 
Article 8 
 
The Commission shall start reading the tenders by the same order 
determined in Article 6 of this rulebook, in a way that the tender elements 
determined in Article 136 paragraphs (5) and (6) of the Law on Public 
Procurement shall be read. 
Article 9 
After reading the tenders, the authorized representatives of the 
tenderers may add remarks regarding the tenders or the procedure of the 
public opening of tenders.   
The Commission shall enter the added remarks of the authorized 
representatives of the tenderers in the minutes of the public opening of 
tenders 
 
Article 10 
 Minutes shall be kept for the tender opening. 
 The minutes of the public opening of tenders shall be kept in a form as 
the one attached to this Rulebook as its integral part.  
 
Article 11 
The day this Rulebook starts to apply, the Rulebook on the procedure 
of the opening of tenders in open and restricted invitation and the form for 
keeping minutes of the public opening of tenders (“Official Gazette of the 
Republic of Macedonia” no. 50/2004 and 10/05) shall cease to be valid. 
 
Article 12  
This Rulebook shall enter into force on the eight day of its publication in 
the “Official Gazette of the Republic of Macedonia”, and shall start to apply 
from 1st January 2008. 
 
No. 
23-48777/1 
19  December 2007  
Skopje MINISTER 
Trajko Slaveski Ph.D.,  
(in his own hand) 
 
 
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                                                                                                     ANNEX 
 
 
Form of minutes of the public opening of tenders  
 
Contracting authority: _______________________ 
Subject-matter of contract: ___________________________ 
Reference number of the contract notice: ____________ 
 
1. Date, time and place of the public opening of tenders: ___________. 
2. Members of the Public Procurement Commission:  
- ___________________ 
- ___________________ 
- ___________________ 
- ___________________. 
3. The authorized representatives of the tenderers shall be listed in the 
records list attached hereto. 
4. Total number of received tenders: ____. 
5. Envelopes for withdrawal of tender, including the names of tenderers: 
_____. 
6. Envelopes for change or replacement of tender including the names of 
tenderers: ____________. 
7. Number of late tenders, their changes, replacements or withdrawals 
_____. 
8. Data on the tender elements read on the public opening of tenders 
shall be given in the table attached hereto. 
9. Remarks by the authorized representatives of the tenderers: 
________________________________________________________
________________________________________________________
________________________________________________________. 
 
 
These minutes were prepared on _______________. 
 
 
 
 
 
 
 
Signature of the members of the Public Procurement Commission: 
______________________ 
______________________ 
______________________ 
______________________ 
 
GPA/ACC/MKD/1 
 
       - 172 -Table with data on the tender elements read during the public opening of tenders  
 
Contracting authority: _______________________ Subject-matter of contract: ___________________________ Reference number of the contract notice: ____________ Date of the public opening of tenders: _______________ 
 
Description 
 Tenderer 1 Tenderer 2 Tenderer 3 Tenderer … 
Name of tenderer     
The tender is received within the time limit     
The outer envelope is sealed     
The outer envelope bears the words “Do not open”     
Tender withdrawal     
Tender change or replacement     
The tender is submitted in original and in as many 
copies as required in the tender documentation     
Tender validity period     
Tender currency     
Total price (VAT excluded)     
Tender guarantee     
Amount of the tender guarantee     
Other data being read in line with the tender 
documentation     
 
  
Signature of the members of the Public Procurement Commission: ______________________ ______________________ ______________________ ______________________ 
GPA/ACC/MKD/1 
 
       - 173 -Records list of the authorized representatives of the tenderers  
 
 
Contracting authority: _______________________ Subject-matter of contract: ___________________________ Reference number of the contract notice: ____________ Date of the public opening of tenders: _______________  
 
No Name of the authorized representative Name of tenderer Signature 
1    
2    
3    
4    
...    
     
Signature of the members of the Public Procurement Commission: ______________________ ______________________ ______________________ ______________________ 
      
GPA/ACC/MKD/1 
 
       - 174 -Instructions how to fill out the form of minutes of the public opening of 
tenders 
 
Minutes from the public opening of tenders 
- Date, time and place of the public opening of tenders shall be entered 
in item 1 of the form. 
- Name and surname of the members of the Public Procurement 
Commission carrying out the tender opening procedure shall be 
entered in item 2 of the form. 
- Item 3 remains unchanged as it is given in the form of the minutes. If 
electronic auction is envisaged and if pursuant to the law the tender 
opening is not public, this item shall be deleted. 
- The total number of received tenders, including the late tenders and the 
envelopes for change, replacement or withdrawal of tenders shall be 
entered in item 4. 
- Indications “yes” or “no” in item 5 are to show whether envelopes for 
withdrawal of tender have arrived. If envelopes for withdrawal of tender 
have arrived, the names of the tenderers submitting them shall be 
stated, once they are opened. 
- Indications “yes” or “no” in item 6 are to show whether envelopes for 
change or replacement of tender have arrived. If envelopes for change 
or replacement of tender have arrived, the names of the tenderers 
submitting them shall be stated, once they are opened. 
- The total number of late tenders shall be entered in item 7.  
- Item 8 shall remain unchanged as it is given in the form of the minutes. 
- Possible remarks by the authorized representatives of the tenderers 
shall be entered in item 9. If electronic auction is envisaged and if 
pursuant to the law the tender opening is not public, this item shall be 
deleted. 
- The date when the minutes were made shall be entered at the end of 
the form and it shall be signed by all members of the Public 
Procurement Commission participating at the public opening of 
tenders. 
 
Table with data on the tender elements being read during the public opening 
of tenders.  
- The data on the elements read during the public opening of tenders for 
each tender individually shall be entered in the table, being an integral part of 
the minutes. 
- The first column shall provide description of the information read on the 
public opening for each tender individually. When preparing the table, 
the Commission should adjust the table in relation to the specificities of 
the subject-matter of the contract and the elements being read when 
opening the tender. Those fields that are not applicable for the 
concerned contract award procedure (for example, if tender guarantee 
is not required), the Commission should delete them or should not fill 
them out, and if the contracting authority stipulated reading of other 
elements of the tenders in the tender documentation pursuant to Article 
136 paragraph 6 of the Law on Public Procurement, the Commission 
should enter these elements as new lines in the first column. If the 
GPA/ACC/MKD/1 
 
       - 175 -number of tenderers is higher than the number of columns in the Table, 
the Commission should add as many columns as there are tenderers 
or fill out new sheet with the same table. 
- Data on the tender elements according to the order of reading the 
tenders shall be entered in the remaining columns of the Table. 
Thereby, those tenderers that submitted an envelope containing an 
indication "change" "replacement" or "withdrawal" of tender shall be 
entered first. 
- The names of the tenderers shall be entered in the second line. 
- By entering “yes” or “no” in the third line it is determined whether the 
tender was timely, i.e. submitted within the time limit determined as the 
final time limit for submitting the tender. If the tender is not submitted 
within this time limit (i.e. in the case of late tender) the remaining fields 
for that tender shall not be filled out. 
- By entering “yes” or “no” in the fourth line, it is determined whether the 
tender was submitted in a sealed outer envelope. 
- By entering “yes” or “no” in the fifth line of the Table, it is determined 
whether the outer envelope containing the envelope with the tender 
has the indication “Do not open”. 
- By entering “yes” or “no” in the sixth line, it is determined whether 
envelope with indication "withdrawal" regrading the tender was 
submitted. If envelope for withdrawing the tender is submitted, the next 
fields for the respective tender shall not be filled out. 
- By entering “yes” or “no” in the seventh line, it is determined whether 
envelope with indication "change" or "replacement" was submitted. If 
envelope with indication "change" was submitted, the new elements 
from the tender change shall be entered in the table, while those 
elements remaining unchanged shall be entered in the first tender. If an 
envelope containing "replacement" indication is submitted, the 
elements from the replaced tender shall be entered in the table. 
- By entering “yes” or “no” in the eighth line, it is determined whether the 
tender was submitted in an original form and in as many copies as 
required by the contracting authority in the tender documentation. 
- The tender validity period shall be entered in the ninth line. 
- The currency in which the tender price is expressed shall be entered in 
the tenth line. 
- The total tender price including all duties VAT excluded shall be 
entered in the eleventh line. In case of a contract in lots, the 
Commission should add so many lines as there are lots in the contract, 
whereby it shall enter the total tender price for each lot. 
- By entering “yes” or “no” in the twelfth line it is determined whether the 
tenderer has submitted a tender guarantee. If the contracting authority 
did not require tender guarantee in the tender documentation, the 
Commission shall delete this line. 
- The value of the tender guarantee shall be entered in the thirteenth 
line. If the contracting authority did not require tender guarantee in the 
tender documentation, the Commission should delete this line. 
- If the contracting authority stated that other elements of the tender shall 
be read on the public opening of tenders in the tender documentation, 
GPA/ACC/MKD/1 
 
       - 176 -the Commission should add the respective fields for those elements 
being read out on the public opening of tenders. 
 
Records list of the authorized representatives of the tenderers  
- names of all authorized representatives of the tenderers participating in 
the public opening of tenders shall be entered in the records list. Each 
authorized representative shall confirm his/her presence by signing the 
records list. 
- The Commission shall add new fields for entering the authorized 
representatives of the tenderers, depending on the number of 
authorized representatives participating in the public opening of 
tenders.  
- If the electronic auction is envisaged and if pursuant to the law, the 
opening of the tenders is not public, the records list shall not be used. 
GPA/ACC/MKD/1 
 
       - 177 -Pursuant to Article 27 paragraph 2 of the Law on Public Procurement 
(“Official Gazette of the Republic of Macedonia”, no. 136/07), the Minister of 
Finance adopted the following 
 
R U L E B O O K 
ON THE MANNER OF ESTIMATING THE VALUE OF PUBLIC CONTRACTS*  
 
Article 1
 
This Rulebook shall stipulate the manner of estimating the value of public 
contracts. 
Article 2 
 The contracting authority shall estimate the value of the public contract by 
calculating the total amount that should be paid for executing the respective 
contract, without VAT included, taking into account any option and any possible 
extension or increase of the contract value, if they can be anticipated at the 
moment of the estimation. 
If the contracting authority envisages a possibility to award certain prizes 
for the economic operators, it shall include them in the estimated value of the 
public contract. 
 If the contracting authority procures supplies, services or works by 
awarding many public contracts in the form of separate lots within one contract 
award procedure, the estimated value shall be calculated as the total value of all 
lots from the contract award procedure. 
Article 3 
 The estimated value of the public contract shall be calculated when 
preparing the annual procurement plan.  
Before making the procurement decision, the contracting authority shall 
adjust the estimated value of the respective public contract indicated in the annual 
procurement plan if any changes in the value occur.  
Article 4 
 If by aw
arding the supply contract, the contracting authority procures 
supplies, including also their putting into operation, the estimated value of the 
contract shall also include the estimated value of the operations regarding their 
setting or installation. 
If, at the time of estimating the value of the supply contract, the contracting 
authority has not established whether it will procure the supplies by immediate 
purchase, purchase with deferred payment or rental with or without the option to 
purchase the supply, than the estimated value of such contract shall be 
considered as the highest value corresponding to each option for procurement of 
the supplies. 
The estimated value of the public supply contract by purchase with 
deferred payment or rental with or without the option to purchase the supply shall 
depend on the duration of the respective contract, as follows: 
                                                 
* Published in "Official Gazette of the Republic of Macedonia" no. 154/07. 
GPA/ACC/MKD/1 
 
       - 178 - 
 
 ATTACHMENT 11− in the case of a fixed-term contract up to 12 months, the e stimated 
value shall be calculated by taking into consideration all payments 
that should be carried out during the contract duration;  
− in the case of a fixed-term contract more than 12 months, th e 
estimated value shall be calculated by taking into consideration all 
all payments that should be carried out during contract duration, 
including the estimated residual value of the supplies, or  
− in the case of a contract which duration cannot be determined at the 
moment
 of the estimation, the estimated value shall be calculated by 
multiplying the monthly value that must be paid, by  48. 
If the contracting authority awards a public supply contract, which must be 
renewed within a certain period of time, the estimation of the contract value shall 
be carried out on the basis of:  
− the total realized value of all successive similar supply contracts of 
same ty
pe, awarded in the last 12 months, adjusted, if possible, with 
the changes in quantities or values that could occur within 12 
months following the conclusion of the contract, or 
− the total estimated value of all successive similar supply contracts 
anticipated to be awarded in the next 12 months, starting from the 
moment of the first delivery or in the course of the financial year if it 
is longer than 12 months. 
Article 5 
If the contracting authority awards a public service contract, the total value 
of which cannot be estimated, whereas the average monthly imbursement can, 
then the method of estimating the value shall depend on the duration of the 
respective contract, as follows: 
− in the case of a fixed-term contract, if  the contract duration does not 
exceed 48 months, the estimated value shall be calculated taking 
into account the whole duration of the contract; or 
− in the case of a contract without fixed-term or if the duration exceeds 
48 months, the estimated value shall be calculated by multiplying the 
monthly estimated value by 48. 
If the contracting authority awards a public service contract, which must be 
renewed within a certain period of time, the estimation of the value of this contract 
shall be carried out on the basis of: 
− the total realized value of all successive similar service contracts 
awarded in the previous 12 months, adjusted, if possible, with the 
changes in quantities or values that could occur within 12 months 
following the conclusion of the contract; or 
− the total estimated value of all successive similar service contracts 
anticipated to be awarded in the next 12 months, starting from the 
moment of the performing the first service or in the course of the 
financial year if it is longer than 12 months. 
 
 
If the contracting authority awards public contract for insurance services, 
the estimated value of these service contracts shall be calculated on the basis of 
insurance premiums to be paid, as well as all other forms of imbursement referring 
to the respective services.  
GPA/ACC/MKD/1 
 
       - 179 -If the contracting authority awards public contract for banking services or 
other financial services, the estimated value of these service contracts shall be 
calculated on the basis of the duties, fees, interests and any other forms of 
imbursement referring to the respective services.  
If the contracting authority awards services contract for preparation of 
project 
or plan in the field of spatial or urban planning, architecture, or 
engineering, the estimated value these service contracts shall be calculated on 
the basis of duties or fees to be paid, as well as all other forms of imbursement 
referring to the respective services. 
Article 6 
Total estimated value of a public works contract shall be determined by 
calculating the costs for carrying out the construction activities and the total 
estimated value of all supplies and services necessary to execute the contract 
and being placed at the contractor’s disposal by the contracting authority.  
Article 7 
If the 
contracting authority carries out a design contest, the estimated value 
shall be calculated as follows:  
− if the design contest is organized as an independent procedure, the 
estimat
ed value shall include the total value of all prizes or payments 
to be awarded to the contest participants, as well as the estimated 
value of the services contract that would be subsequently awarded, 
if the contracting authority envisaged awarding of such contract in 
the design contest announcement, or 
− if the design contest is organized as a part of an awarding procedure 
of a service contract, the estimated value of the respective service 
contract shall be considered as estimated value, as well as any 
possible prize or payment to the contest participants. 
Article 8 
If the contracting authority concludes a framework agreement, the 
estimated value shall be calculated as a sum of the maximum estimated value, 
without VAT included, of all public contracts intended to be awarded on the basis 
of that framework agreement for its duration. 
Article 9 
The day this Rulebook begins to apply, the Rulebook on the detailed rules 
for estimating the value of the procurement ("Official Gazette of the Republic of 
Macedonia" no. 10/05) shall cease to be valid. 
 
Article 10 
This Rulebook shall enter into force on the day of its publication in the 
"Official Gazette of the Republic of Macedonia" and shall apply from 1st January, 
2008. 
 
No
. 23-48779/1 
19 Decem
ber 2007 
Skopje MINISTER, 
Trajko Slaveski, Ph.D.,  
(in his own hand) 
     
 
GPA/ACC/MKD/1 
 
       - 180 - 
1 
 Pursuant to paragraph (4), Article 26 of the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia”, nos. 136/07, 130/08, 97/10, 53/11 and 185/11 ), 
Minister of Finance adopted the following  
  
 
RULEBOOK  
on the Form, the Contents and the Manner of Preparing the Annual Public 
Procurement Plan  
  
 
Article 1  
  This Rulebook shall prescribe the form, the contents and the manner of 
preparing the Annual Public Procurement  Plan. 
 
Article 2  
 Annual Public Procurement Plan shall conta in the overall procurement needs in 
the course of  the current year by types of supplies, services and works according to the 
Common Procurement Vocabulary, the period when the contract award procedure is 
expected to commence, estimated value of the public contract or the framework 
agreement and the type of contract award procedure or framework agreement 
procedure to be applied.  
 
Article 3  
 Annual Public Procurement Plan shall comprise seven columns.  
Reference number of the procedure, to be continuously filled in regardless of the 
type of public contract, shall be stated in the first column.  
Subject-matter of the public contract/framework agreement shall be filled in in 
the second column in one of the three rows depending on the type of public contract - 
supplies, services and works.  
CPV
 code for the respective subject-matter of the public contract shall be filled in 
in the third column, as regards public contracts the estimated value of which exceeds 
EUR 130,000 for supplies and services at the contracting authorities referred to in a), b) 
and c), paragraph (1), Article 4 of the Law on Public Procurement, i.e. the estimated 
value of which exceeds EUR 200,000 for supplies and services at the contracting 
authorities referred to in d) and e), paragraph (1), Article 4 of the Law on Public 
Procurement, and public contracts the estimated value of which is EUR 4,000,000 for 
works.  
Period when the contract award procedure is expected to commence, i.e. the 
month when the contract notice is to be published and the economic operators are to be 
invited to participate in the procedure, shall be filled in in the fourth column.  
Estimated value of the public contract/framework agreement, excluding VAT and 
expressed in denars, shall be filled in in the fifth column.  
Type of contract award procedure or framework agreement procedure planned 
to be applied shall be filled in in the sixth column.  
Any possible comment shall be filled in in the seventh column.   
                                                          
 
 
 
 
GPA/ACC/MKD/1 
 
       - 181 - 
 
 ATTACHMENT 12 
2 
 Article 4  
Contracts to be implemented for more than one year shall be also included in the 
Annual Public Procurement Plan, in particular in the Annual Plan for the year when it is 
envisaged for the contract award procedure to be carried out.  
 
Article 5  
 Contents of the A nnual Public Procurement Plan shall not be amended in case 
of changes in the estimated value or changes in the type of the contract award 
procedure envisaged to be applied.  
Pursuant to indents 1, 3 and 4, point 1, indent 2, point 2 and point 4, paragraph 
1, Article 99 of the Law on Public Procurement, negotiated procedures shall not be filled 
in in the Annual Public Procurement Plan.   
 
Article 6  
Form and contents of the Annual Public Procurement Plan shall be presented as 
Attachment, which shall be an integral part of this Rulebook. 
 
Article 7  
Rulebook on Annual Public Procurement Plan (“Official Gazette of the Republic 
of Macedonia”, no. 154/07) shall cease to be valid on the day this Rulebook comes into 
force.  
 
Article 8  
               This Rulebook shall enter into force on the day following the day it is published 
in the “Official Gazette of the Republic of Macedonia”.  
 
 
 
 
 
 
 
No. 02 -25063/1  
2nd July 2012  
Skopje  Minister of Finance  
Zoran Stavreski МА  
_______________________  
GPA/ACC/MKD/1 
 
       - 182 - 
3 
 ATTACHMENT 
 
ANNUAL PUBLIC PROCUREMENT PLAN FOR _____  
OF _________________________________________________  
(name of contracting authority)  
 
 
 
No. 
 Subject -matter of the public 
contract/framework agreement  
 CPV Code  
 Month when the 
contract award 
procedure is 
expected to 
commence  
 Estima ted value of the 
contract/framework 
agreement VAT excluded  
(Denar)  Type of 
procedure   
 Comments  
1 2 3 4 5 6 7 
 I. Public supply contracts /framework 
agreements       
       
 II. Public services contracts 
/framework agreements       
       
 III. Public works contracts /framework 
agreements       
       
 
 
Person in charge  
      
          ______________________ 
GPA/ACC/MKD/1 
 
       - 183 -Pursuant to Article 32, paragraph (3), of the Law on Public 
Procurement („Official Gazette of the Republic of Macedonia“ no. 136/07), the 
Minister of Finance adopted the following 
 
R U L E B O O K 
on the contents of tender documentation* 
 
Article 1
 
 This Rulebook shall prescribe the contents of tender documentation. 
 
Article 2 
Depending on the contract award procedure and on the subject-matter 
and the scope of 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; 
- description and identification of the lots of the subject-matter of the 
public contract or the framework agreement; 
- time limit, time and place for submission and opening of tenders; 
time limit for submission of the requests to participate; 
- conditions to be met by the leading member in a group of economic 
operators and its members proportionally to their share in the group 
tender; 
- selection criteria for the economic operators and minimum 
requirements; 
- documents necessary for proving the fulfillment of the selection 
criteria; 
- number of selected candidates to be invited to tender, participate in 
the dialogue phase in the competitive dialogue procedure, or to 
participate in negotiations in 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 
agreement shall be valid; 
- guidelines related to the preparation and submission of the 
technical and 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 prices; 
                                                 
* Published in the Official Gazette of the Republic of Macedonia, no. 19/08. 
GPA/ACC/MKD/1 
 
       - 184 - 
 
 ATTACHMENT 13- 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 conditions of payment; 
- tender validity period; 
- types of securities and security conditions; 
- 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 related to the subject-matter of the 
public contract in accordance with sector-specific rules or rules 
prescribed with other regulations, and 
- information regarding the mandatory provisions from the public 
contract. 
 
Article 3 
Rulebook on Mandatory Elements of Tender Documentation („Official 
Gazette of the Republic of Macedonia“ no. 10/05), Rulebook on Contents of 
the Solvency Document („Official Gazette of the Republic of Macedonia“ no. 
38/04) and Rulebook on the Manner, Conditions and Procedure for Selection 
of Public Procurement Experts („Official Gazette of the Republic of 
Macedonia“ no. 10/05) shall cease to apply on the day this Rulebook enters 
into force. 
 
Article 4 
 This Rulebook shall enter into force on the following day it is published 
in the Official Gazette of the Republic of Macedonia. 
 
 
 
No. 23-4634/1 
31 January, 2009 
Skopje MINISTER 
Trajko Slaveski PhD 
(in his own hand) 
 
GPA/ACC/MKD/1 
 
       - 185 -MINISTRY OF FINANCE 
Pursuant to paragraph (3), Article 32 of the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia”, nos.  139/07, 130/08, 97/10, 53/11 185/11, 15/13, 148/13, 28/14, 43/14 
and 130/14), Minister of Finance adopted the following 
RULEBOOK ON AMENDING THE RULEBOOK ON THE CONTENTS OF 
TENDER DOCUMENTATION 
Article 1 
Two new indents 25 and 26 shall be added after indent 24, paragraph (1), Article 2 in the Rulebook on the 
Contents of Tender Documentation (“Official Gazette of the Republic of Macedonia”, no. 19/08) and 
shall read:  
- statement on steadiness of the tender;  
- statement on independent tender.  
Article 2 
This Rulebook shall enter into force on the day following the day it is published in the “Official Gazette 
of the Republic of Macedonia”.  
No. 02-36445/1   
27th October 2014  Minister of Finance,  
Skopje  Zoran Stavreski,  
in his own hand  
 
 
 
GPA/ACC/MKD/1 
 
       - 186 - 
 
 ATTACHMENT 14MINISTRY OF FINANCE 
Pursuant to paragraph 4, Article 51 of the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia”, nos. 136/07 and 130/08), Minister of Finance adopted the following  
RULEBOOK ON THE FORM AND THE CONTENTS OF CONTRACT 
NOTICES AND CONTRACT AWARD NOTICES  
Article 1 
This Rulebook shall stipulate the form and the contents of contract notices and contract award notices. 
Article 2 
Contract notice shall comprise the following elements:  
- contracting authority;  
- subject-matter of the public contract;  
- procedure;  
- legal, economic, financial and technical information, and  
- administrative information.  
Corrigendum –
 Changes of the Data in the Contract Award Procedure shall be an integral part of the 
contract noti
ce. 
Contract notice with the Corrigendum - Changes of the Data in the Contract Award Procedure shall be 
presented in the CN Form, which shall be an integral part of this Rulebook. 
Article 3 
Design contest notice shall comprise the following elements:  
- contracting authority;  
- subject-matter of the design contest;  
- legal, economic, financial and technical information, and  
- administrative information.  
Corrigendum 
- Changes of the Data in the Design Contest Procedure shall be an integral part of the 
notice. 
Notice for design contest with the Corrigendum - Changes of the Data in the Design Contest Procedure 
shall be presented in the DC Form, which shall be an integral part of this Rulebook. 
Article 4 
 
Prior information notice shall contain the following elements:  
- contracting authority;  
- subject-matter of the public contract, and  
- additional information.  
GPA/ACC/MKD/1 
 
       - 187 - 
 
 ATTACHMENT 15Prior information notice shall be presented in the PIN Form, which shall be an integral part of this 
Rulebook. 
Article 5 
Contract award notice shall contain the following elements:  
- contracting authority; 
- subject-matter of the public contract;  
- procedure, and  
- conclusion of the contract.  
Contract
 award notice shall be presented in the CAN Form, which shall be an integral part of this 
Rulebook. 
Article 6 
Design contest contract award notice shall comprise the following elements:  
- contracting authority;  
- subject-matter of the design contest, and  
- selecting the best ranked participant/participants.  
Design contest contract award notice shall be presented in the DC CAN  Form, which shall be an integral 
part of this Rulebook. 
Article 7 
Notice on cancellation of contract award procedure shall comprise the following elements:  
- contracting authority, and   
- inform
ation on the cancellation.  
Notice on cancellation of contract award procedure shall be presented in the C CA Form, which shall be 
an integral part of this Rulebook. 
Article 8 
Notice on cancellation of design contest shall comprise the following elements:  
- contracting authority, and  
- information on the cancellation.  
Notice on cancellation of design contest shall be presented in the CDC Form, which shall be an integral 
part of this Rulebook. 
Article 9 
Notice on cancellation of contract award procedure published through other contract notices shall 
comprise the following elements:  
- contracting authority, and  
- information on the cancellation.  
Notice on cancellation of contract award procedure published through other contract notices shall be 
presented in the COCN  Form, which shall be an integral part of this Rulebook. 
GPA/ACC/MKD/1 
 
       - 188 -Article 10 
Rulebook on the Form and the Contents of Contract Notices and Contract Award Notices (“Official 
gazette of the Republic of Macedonia”, nos.  154/07, 36/08, 67/08 and 134/08) shall cease to be valid on 
the day this Rulebook applies. 
Article 11 
This Rulebook shall enter into force on the day following the day of its publication in the “Official 
Gazette of the Republic of Macedonia” and shall apply from 1st January 2010. 
 Deputy Prime Minister of the Government  
No. 02-44535/1 of the Republic of Macedonia  
30th December 2009  and Minister of Finance,  
Skopje  Zoran Stavreski  МА, in his own hand  
 
GPA/ACC/MKD/1 
 
       - 189 -MINISTRY OF FINANCE 
Pursuant to Article 104 of the Law on Public Procurement (“Official Gazette of the Republic of 
Macedonia”, nos. 136/07 and 130/08), Minister of Finance adopted the following  
RULEBOOK ON THE FORM AT AND THE CONTENTS OF THE CONTRACT 
NOTICE, THE NOTICE ON CANCELLATION OF CONTRACT AWARD 
PROCEDURE AND THE FORM OF THE RECORDS OF THE SIMPLIFIED 
COMPETITIVE PROCEDURES    
Article 1 
This 
Rulebook shall regulate the format and the contents of the contract notice, the notice on 
cancellation of contract award procedure and the form of the records of the simplified 
competitive procedures. 
Article 2 
Contract notice for simplified competitive procedures shall contain the following elements:  
- contracting authority;  
- subject-matter of the public contrac t;  
- procedure;  
- legal, economic, financial and technical information, and  
- administrative information.  
The Corrigendum
 – Changes to the information in the simplified competitive procedure shall be 
an integral part of the contract notice for simplified competitive procedure.  
The contract notice for the simplified competitive procedures, together with the Corrigendum - 
Changes to the information in the simplified competitive procedure, shall be presented on 
CNSMP Form, which shall be an integral part of this Rulebook.  
Article 3 
The notice on cancellation of contract award procedure as regards the simplified competitive 
procedure shall contain the following elements:   
- contracting authority, and  
- information on the cancellation.  
Notice on canc
ellation of contract award procedure as regards the simplified competitive 
procedure shall be presented in the CSCP Form, which shall be an integral part of this Rulebook. 
Article 4 
The form of the records of the simplified competitive procedures shall contain the following 
elements:  
GPA/ACC/MKD/1 
 
       - 190 - 
 
 ATTACHMENT 16- contracting authority, and  
- public contract.  
The form 
of the records of the simplified competitive procedures shall be presented in the RSCP 
Form, which shall be an integral part of this Rulebook. 
Article 5 
Rulebook on the Format and the Contents of the Contract Notice, the Notice on Cancellation of 
the Procedure and the Form of the Records of the Simplified Competitive Procedures (“Official 
Gazette of the Republic of Macedonia”, nos. 154/07, 36/08, 67/08 and 134/08) shall cea se to be 
valid on the day this Rulebook shall start to apply. 
Article 6 
This Rulebook shall enter into force on the day following the day of its publication in the 
“Official Gazette of the Republic of Macedonia” and shall apply from 1st January 2010. 
 
No. 02-44534/1  Deputy Prime Minister of the Government  
30th December 2009  of the Republic of Macedonia  
Skopje  and Minister of Finance,  
 Zoran Stavreski  МА, in his own hand  
 
GPA/ACC/MKD/1 
 
       - 191 -MINISTRY OF FINANCE 
Pursuant to Article 22, paragraph (3) of the Law on Public Procurement (“Official Gazette of the 
Republic of Macedonia”, nos.  136/07, 130/08, 97/10, 53/11 and 185/2011), Minister of Finance 
adopted the following       
TARIFF BOOK ON
 FEES FOR USING THE ELECTRONIC SYSTEM FOR 
PUBLIC PROCUREMENT 
Article 1 
This Tariff Book shall regulate the fees the contracting authorities and the economic operators shall pay 
for using the Electronic System for Public Procurement. 
Article 2 
Contracting authorities shall pay the following fees for using the Electronic System for Public 
Procurement: 
Type of Service  Fee per published contract 
notice or corrigendum  
(excluding VAT)  
Publishing a contract notice for simplified competitive procedure  Denar 600  
Publi shing a contract notice for open procedure, restricted procedure, 
competitive dialogue, negotiated procedure with prior publication of a 
contract notice and design contest  Denar 600  
Publishing a corrigendum  and amending the published contract notice  Denar  600 
Publishing a notice for setting up a qualification system  Denar 6,150  
Publishing an announcement for awarding concessions and public 
private partnership  Denar 6,150  
Article 3 
Contracting authorities, registered as economic operators, and the economic operators shall pay the 
following annual fees for using the Electronic System for Public Procurement: 
Type of Economic Operator  Services  Annual fee 
(excluding VAT)  
Contracting authorities 
registered as economic 
operators  
Micro traders  
Natural persons  - Obtaining information on new contract notices by e -
mail for three selected categories of procurements  
- Downloading  the tender documentation  
- Participation in e -procurement and electronic 
auctions.   Denar 2,000  
GPA/ACC/MKD/1 
 
       - 192 - 
 
 ATTACHMENT 17Small traders  
Medium traders  - Obtaining  information on new contract notices by e -
mail for three selected categories of procurements  
- Downloading  the tender documentation  
- Participation in e -procurement and electronic 
auctions.  Denar 4,000  
Large traders  - Obtaining information on new contra ct notices by e -
mail for three selected categories of procurements  
- Downloading  the tender documentation  
- Participation in e -procurement and electronic 
auctions.  Denar 8,000  
Foreign e conomic operators   - Obtaining information on new contract notices b y e-
mail for three selected categories of procurements  
- Downloading  the tender documentation  
- Participation in e -procurement and electronic 
auctions.  EUR 200  
Both the contracting authority and the economic operators shall additionally pay each Denar 2,000, i.e. 
foreign economic operators shall additionally pay EUR 30, for each additional selected category of 
procurement. 
Article 4 
Fee for publishing a contract notice for simplified competitive procedure referred to in Article 2 of this 
Tariff Book shall commence to apply starting 1st July 2012. 
Article 5 
This Tariff Book shall enter into force on the day following the day of its publication in the “Official 
Gazette of the Republic of Macedonia”.  
 
No. 02-11115/1   
16th March 2012  Minister of Finance,  
Skopje Zoran Stavreski  МА, in his own hand  
 
GPA/ACC/MKD/1 
 
       - 193 -1 
 Pursuant to Article 14, paragraph (1), of the Law on Public Procurement (Official Gazette of 
the Republic of Macedonia, nos. 136/07, 130/08, 97/10, 53/11 and 185/11), Minister of 
Finance adopted the following        
 
CODE OF ETHICS WHEN CARRYING OUT PUBLIC PROCUREMENT 
PROCEDURES  
Article 1  
(1) This Code shall regulate the manner 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 (hereinafter: persons) at the 
contracting authority, to the end of ensuring legality, independence, transparency, 
accountability, efficiency, responsibility and professional integrity when carrying out public 
procurement procedures, according to their official duties.   
(2) The person shall be responsible if acting contrary to the official duties determined on the 
basis of a law, this Code or other regulations.  
Article 2  
(1) The person shall carrying out public procurement procedures pursuant to law, in a n on-
discriminatory manner, without any preferences and personal interest.  
(2) When carrying out public procurement procedures, the person shall apply and respect 
the principles of legality, legality, independence, transparency, accountability, efficiency, 
responsibility and professional integrity.  
Article 3  
(1) The person shall take due care for the activities not to be at the detriment of the 
contracting authority nor contrary to the public interest determined by law.  
(2) The person shall perform the tasks at high professional level, to be constantly upgraded, 
and shall undergo constant education.  
(3) The person shall not be engaged in activities contrary to the proper carrying out of public 
procurement procedures and shall avoid situations and conduct that may damage the 
interest or the reputation of the contracting authority employing such person.  
(4) The person shall avoid any kind of unethical  conduct and shall not use the status or the 
influence to satisfy his/her own material and personal interests, as well as the ones of the 
members of his/her family.  
(5) As for the relations with natural persons and legal entities, the person shall demonstrate 
understanding, courtesy, respectability and readiness to help, thereby not hindering the 
exercising of their rights, interests and dignity.   
(6) The person, when carrying out public procurement procedures, in direct contact with the 
natural persons and legal entities, shall behave responsibly, cautiously, kindly, shall 
announce information in a simple and understandable manner, shall answer to the questions 
posed and shall instruct them where to exercise their rights and interests.  
Article 4  
(1) When carrying out public procurement procedures, the person shall be guided by correct 
and reasonable assessment of the factual situation without any prejudice, without any 
conflict of interest and without any influence on the responsible person or the concerned 
persons.   
(2) When carrying out public procurement procedures, the person shall, when undertaking, 
i.e. not undertaking, activities, act in the same manner to all interested persons.  
GPA/ACC/MKD/1 
 
       - 194 - 
 
 ATTACHMENT 182 
 (3) The person shall not cause deliberate damage to natural persons and legal entities, but 
he/she shall rather ensure exercising of their rights and interests that are not to the detriment 
of the contracting authority.  
(4) When carrying out public procurement procedures, the person shall not: 
- accept money, regardless of the amount, other valuables or precious metals, nor 
shall he/she ask for or accept a gift; 
- abuse his/her official position to gain material or other type of benefit for the 
members of the family, close relatives, friends and other natural persons and 
legal entities with whom he/she has established private, business or political 
interest; 
- use official and business information obtained when performing the official tasks 
and duties at the contracting authority for personal benefit or for the benefit of 
other person he/she is related to, and 
- use his/her position to influence the decisions of the bodies in charge of control 
or m onitoring the public procurement system to the end of gaining personal 
benefit or benefit for persons he/she is related to, obtaining certain benefits or 
rights and concluding a business deal, or gaining benefit, in any other way, for 
himself/herself or fo r other person he/she is related to.  
(5) Should the person be offered a gift or given any other offer, he/she shall refuse the gift or 
the other offer and shall inform forthwith there of. 
Article 5  
(1) When carrying out public procurement procedures, the person shall respect the principles 
and the legal regulations on preventing conflict of interest.  
(2) The person shall not allow for any conflict of his/her personal financial interest and the 
public interest.  
(3) When carrying out public procurement procedures, the person shall avoid activities, or 
shall avoid not to undertake activities in cases when they are contrary to the legal 
regulations, which could be a reason for violating his/her personal integrity. 
 
 
Article 6  
(1) When carrying out public procurement procedures, the person shall act responsibly, and 
shall use the data and information obtained during the carrying out of public procurement 
procedures only for the purpose of carrying out the specific public procurement.  
(2) When carrying out public procurement procedures, the person shall act on the basis of 
the principle of economy in handling state-owned property, as well as financial resources 
used when carrying out public procurement procedures.  
Article 7  
This Code shall enter into force on the eig hth day from the day it is published in the “Official 
Gazette of the Republic of Macedonia”.  
 
 
No. __02-11114/1 ____  
16th March 2012  
Skopje  Minister of Finance  
Zoran Stavreski MA  
_______________________  
GPA/ACC/MKD/1 
 
       - 195 - 
 1 Pursuant to Article 17 paragraph (4) of the Public Procurement Law 
(Official Gazette of the Republic of Macedonia, no. 136/07) and Article 36 
paragraph (2) of the Law on the Government of the Republic of Macedonia 
(Official Gazette of the Republic of Macedonia, nos. 59/00, 12/03, 55/05, 37/06 
анд 115/07), the Government of the Republic of Macedonia, on its session held 
on 26 December 2007, adopted the following 
 
DECREE 
on servic
es subject to public service contracts* 
 
Article 1 
This Decree shall regulate in more detail the services subject to public 
service
 contracts. 
Article 2 
Services referred to in Article 17 paragraph 1 indent 1 of the Public 
Procure
ment Law are the following: 
− Maintenance and repair services – Category 1; 
− Land transport services, including armoured car services, and courier 
services, except transport of mail (except rail transport services, covered 
under Category 18) – Category 2; 
− Air transport services of passengers and freight, except transport of mail – 
Category 3 
− Land and air transport services of mail (except rail transport services, 
covered under Category 18) – Category 4; 
− Telecommunications services – Category 5; 
− Financial services: 
− Insurance services, and 
− banking and financial services (except services related to 
publishing, trading and transfer of securities or other financial 
instruments, brokers’ services and services of the National Bank 
of the Republic of Macedonia, and services the subject of which 
is purchase or lease of land, buildings or other immovable 
property and rights resulting therefrom, except in awarding 
public contracts for financial services related to purchase or 
lease contracts) - Category 6; 
− Information Technology and related services – category 7; 
− Research and development services where the results are for use 
exclusively for execution of the functions and competences of the 
contracting authority - Category 8; 
− Accounting, auditing and bookkeeping services – Category 9; 
− Market research and public opinion polling services – Category 10; 
− Management consulting services and related services (except arbitration 
and mediation services) – Category 11; 
                                                
* Published in the Official Gazette of the Republic of Macedonia no.157/07. 
GPA/ACC/MKD/1 
 
       - 196 - 
 
 ATTACHMENT 19 
 2 − Architectural services; engineering services and integrated engineering 
services; urban planning and landscape engineering services; related 
scientific and technical consulting services; technical testing and analysis 
services – Category 12; 
− Advertising services – Category 13; 
− Building cleaning services and property management services – Category 
14; 
− Publishing and printing services on a fee or contract basis – Category 15, 
and 
− Sewage and refuse disposal services; sanitation and similar services – 
Category 16. 
 
Arti
cle 3 
Services referred to in Article 17 paragraph 1 indent 2 of the Public 
Proc
urement Law are the following: 
− Hotel and restaurant services – Category 17; 
− Rail transport services – Category 18; 
− Water transport services – Category 19; 
− Supporting and auxiliary transport services – Category 20; 
− Legal services – Category 21; 
− Services for temporary employment (except services referring to 
employment contracts) – Category 22; 
− Investigation and security services, except armoured car services – 
Category 23; 
− Education and vocational education services – Category 24; 
− Health and social services – Category 25; 
− Recreational, cultural and sporting services – Category 26, and  
− Other services not covered in Article 2 of this Decree (except services 
referring to purchase, development, production or co–production of 
programmes by radio or TV broadcasters and for broadcasting period of 
TV and radio programs) – Category 27. 
Article 4 
This Regulation shall enter into force the eighth day following the day it is 
publ
ished in the Official Gazette of the Republic of Macedonia. 
 
No. 
19-8311/1 
26 December 2007 
Skopje PRESIDENT OF THE GOVERNMENT OF 
THE REPUBLIC OF MACEDONIA, 
Nikola Gruevski MA 
 
GPA/ACC/MKD/1 
 
       - 197 - 
 1 Pursuant to Article 18 paragraph (2) of the Public Procurement Law 
(Official Gazette of the Republic of Macedonia, no. 136/07) and Article 36 
paragraph (2) of the Law on the Government of the Republic of Macedonia 
(Official Gazette of the Republic of Macedonia, nos. 59/00, 12/03,  55/05, 
37/06 анд 115/07), the Government of the Republic of Macedonia, on i ts 
session held on 26 December 2007, adopted the following 
 
DECREE 
on the types of construction activities subject to public works contracts* 
Article
 1 
This Decree shall regulate the type of construction activities subject to 
public works contracts. 
Article 2 
Types of construction activities subject to public works contracts shall 
be stipulated in Annex 1 which is an integral part of this Decree. 
Article 3 
This Decree shall enter into force the eighth day following the day it is 
published in the Official Gazette of the Republic of Macedonia. 
 
 
 
 
No. 19-
8317/1 
26 December 2007 
Skopje  
PRESIDENT OF THE GOVERNMENT OF 
THE REPUBLIC OF MACEDONIA, 
Nikola Gruevski MA  
(in his own hand) 
                                                 
* Published in the Official Gazette of the Republic of Macedonia no.158/07. 
GPA/ACC/MKD/1 
 
       - 198 - 
 
 ATTACHMENT 20 
 2 Attachment 1  
 
NCA Rev 1 (NACE) 
Divisio
n Grou
p Class Subject Notes 
45   Construction This division includes: construction of new buildings 
and works, restoring and common repairs. 
 45.1  Site preparation  
  45.11 Demolition and wrecking of 
buildings; earth moving This class includes: 
− demolition and wrecking of buildings and 
other structures; 
− clearing of building sites; 
− earth moving: excavation, landfill, leveling 
and grading of construction sites, trench 
digging, rock removal, blasting, etc. 
− site preparation for mining: 
− earth moving and other preparation 
mining and construction sites. 
 
This class also includes: 
− building site drainage, and 
− drainage of agricultural or forestry land. 
  45.12 Test drilling and boring This class includes: test drilling, test boring and core 
sampling for construction, geophysical, geological or 
similar purposes. 
 
This class excludes: 
− drilling of production oil or gas wells, see 
11.20; 
− water well drilling, see 45.25,  
− shaft sinking, see 45.25, and 
− usage of oil and gas fields, geophysical, 
geological and seismic research, see 74.20 
 45.2  General construction of 
buildings and civil 
engineering works  
  45.21 General construction of 
buildings and civil 
engineering works This class includes: 
− construction of all types of buildings; 
− construction of civil engineering 
constructions: bridges, including those for 
elevated highways, viaducts, tunnels and 
subways long-distance pipelines; 
− regional pipelines, communication and high-
voltage power lines; 
− urban pipelines, urban communication and 
low-voltage power lines; 
− ancilliary urban constructions, and 
− assembly and erection of prefabricated 
constructions on the site. 
  
This class excludes: 
− service activities incidental to oil and gas 
extraction, see 11.20; 
− erection of complete prefabricated 
constructions from self-manufactured parts 
not of concrete, see divisions 20, 26 and 28; 
− construction work, other than 
buildings,stadiums, swimming pools, 
gymnasiums, tennis courts, golf courses and 
other sports installations, see 45.23; 
− building installation, see 45.3; 
− building completion, see 45.4; 
− architectural and engineering activities, see 
74.20, and 
− project management for construction, see 
74.20. 
  45.22 Erection and assembly of roof 
covering  This class includes: erection of roofs, roof covering, 
waterproofing 
  45.23 Construction of highways, 
roads, airfields and sports 
facilities This class includes: 
− construction of highways, streets, roads, 
other vehicular and pedestrian ways; 
− construction of railways; 
− construction of airfield runways; 
GPA/ACC/MKD/1 
 
       - 199 - 
 3 − construction work, other than buildings, for 
stadiums, swimming pools, gymnasiums, 
tennis courts, golf courses and other sports 
installations, and 
− ground works on elevated highways, bridges 
and tunnels, installation of fences, traffic 
signs etc. 
 
This class excludes preliminary earth moving, see 
45.11. 
  45.24 Construction of water projects This class includes construction of: 
− waterways, harbour and river works, 
pleasure ports (marinas), etc.; 
− dams and dykes,   
− underwater excavations, and  
− subsurface work. 
  45.25 Other construction work 
involving special trades This class includes: 
− construction activities specialising in one 
aspect common to different kinds of 
structures, requiring specialised skill or 
equipment; 
− construction of foundations, 
including pile driving; 
− water well drilling and construction, 
shaft sinking; 
− erection of non-self-manufactured 
steel elements; 
− steel bending; 
− bricklaying and stone setting; 
− scaffolds and work platform 
erecting and dismantling, including 
renting of scaffolds and work 
platforms, and 
− erection of chimneys and industrial 
ovens. 
 
This class excludes renting of scaffolds without 
erection and dismantling, see 71.32. 
 45.3  Building installation  
  45.31 Installation of electrical wiring 
and fittings This class includes installation in buildings or other 
construction projects of: 
− electrical wiring and fittings; 
− telecommunications systems; 
− electrical heating systems; 
− residential antennas and aerials; 
− fire alarms; 
− burglar alarm systems; 
− lifts and escalators; 
− lightning conductors, etc. 
  45.32 Insulation work activities This class includes installation in buildings or other 
construction projects of thermal, sound or vibration 
insulation. 
 
This class excludes installation of waterproofing in 
buildings or other construction projects, see 45.22. 
  45.33 Plumbing This class includes installation in buildings or other 
construction projects of: 
− plumbing and sanitary equipment; 
− gas fittings; 
− heating, ventilation, refrigeration or 
airconditioning equipment and ducts  
− sprinkler systems. 
 
This class excludes installation of electrical heating 
systems, see 45.31.  
  45.34 Other building installation This class includes: 
− installation of illumination and signaling 
systems for roads, railways, airports and 
harbours, or 
− installation in buildings or other construction 
projects of fittings and fixtures n.e.c 
 45.4  Building completion  
  45.41 Plastering This class includes application in buildings or other 
GPA/ACC/MKD/1 
 
       - 200 - 
 4 construction projects of interior and exterior plaster or 
stucco, including related lathing materials. 
  45.42 Joinery installation This class includes: 
− installation of non self-manufactured doors, 
windows, door and window frames, fitted 
kitchens, staircases, shop fittings and the 
like, of wood or other materials, and 
− interior completion such as ceilings, wooden 
wall coverings, movable partitions, etc. 
 
This class excludes laying of parquet and other wood 
floor coverings, see 45.43.  
  45.43 Floor and wall covering This class includes laying, tiling, hanging or fitting in 
buildings or other construction projects of: 
− ceramic, concrete or cut stone wall or floor 
tiles; 
− parquet and other wood floor coverings; 
− carpets and linoleum floor coverings, 
including of rubber or plastic; 
− terrazzo, marble, granite or slate floor or wall 
coverings, and 
− wallpaper. 
  45.44 Painting and glazing This class includes: 
− interior and exterior painting of buildings; 
− painting of civil engineering structures, and 
− installation of glass, mirrors, etc. 
 
This class excludes installation of windows, see 45.42. 
  45.45 Other building completion This class includes: 
− installation of private swimming pools; 
− steam cleaning, sand blasting and similar 
activities for building exteriors; and 
− other building completion and finishing 
work n.e.c.. 
 
This class excludes interior cleaning of buildings and 
other structures, see 74.70. 
 45.5  Renting of construction or 
demolition equipment with 
operator  
  45.50 Renting of construction or 
demolition equipment with 
operator This class excludes renting of construction or 
demolition machinery and equipment without 
operators, see 71.32. 
 
GPA/ACC/MKD/1 
 
       - 201 - 1 Pursuant to Article 4, paragraph (2) of the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia”, no. 136/07) and Article 36, paragraph (3) of the 
Law on Government of the Republic of Macedonia (Official Gazette of the Republic of 
Macedonia, nos. 59/00, 12/03, 55/05, 37/06 and 115/07), Government of the Republic of 
Macedonia, at its session held on 26 December 2007, adopted the following 
 
 
DECISION 
ON DETERMINING INDICATIVE LIST OF CONTRACTING AUTHORITIES* 
 
 
Article 
1 
 This Decision shall regulate the indicative list of contracting authorities. 
 
Article 2 
 Contracting authorities referred to in Article 4, paragraph (1) of the Law on Public 
Procurement shall mean: 
 
1. State bodies, bodies of local government units and the City of Skopje: 
 
- Parliament of the Republic of Macedonia 
- State Election Commission 
- State Anti-Corruption Commission 
- State Audit Office 
- President of the Republic of Macedonia 
- Intelligence Agency 
- Government of the Republic of Macedonia 
- Ministry of Defence and its bodies 
- Ministry of Justice and its bodies 
- Minister of Labour and Social Policy and its bodies 
- Ministry of Education and Science and its bodies 
- Minister of Agriculture, Forestry and Water Economy and its bodies 
- Ministry of Health and its bodies 
- Ministry of Local Government and its bodies  
- Ministry of Internal Affairs and its bodies 
- Ministry of Foreign Affairs and its bodies 
- Ministry of Finance and its bodies 
- Ministry of Economy and its bodies 
- Ministry of Transport and Communications and its bodies 
- Ministry of Culture and its bodies 
- Ministry of Environment and Physical Planning and its bodies 
- Development and Investment Agency 
- Civil Servants Agency 
- Youth and Sport Agency 
- Immigration Agency 
- Agency for Promotion of Agriculture Development 
- Directorate for Security of Classified Information 
- Directorate for Protection and Rescue 
- Crisis Management Center 
- Commission for protection of the right to free access to public information  
- Commission for Affairs of Religious Communities and Groups 
- State Authority for Geodetic Works 
                                                           
* Published in the Official Gazette of the Republic of Macedonia, no. 159/07. 
GPA/ACC/MKD/1 
 
       - 202 - 
 
 ATTACHMENT 21 2 - State Statistics Office 
- State Archives of the Republic of Macedonia 
- Common Service Agency within the Government of the Republic of Macedonia 
- Hydrometeorology Administration 
- and other government administration bodies 
- Secretariat for implementation of the Framework Agreement 
- Secretariat for European Affairs 
- Legislative Secretariat 
- State Attorney’s Office of the Republic of Macedonia 
- Constitutional Court of the Republic of Macedonia  
- Court Council of the Republic of Macedonia 
- Supreme Court of the Republic of Macedonia 
- Administrative Court 
- Courts of Appeal 
- First Instance Courts 
- State Public Prosecution Office 
- Higher-instance Public Prosecution Offices 
- First-instance Public Prosecution Offices 
- Ombudsman of the Republic of Macedonia 
- Bodies of the municipalities, the municipalities in the City of Skopje and the City 
of Skopje. 
 
2.  Legal entities established for specific purpose of meeting the needs of public interest 
referred to in Article 4, paragraph (1), item (b), of the Law on Public Procurement:  
 
- Regional and National Road Fund 
- Pension and Disability Insurance Fund of Macedonia  
- Deposit Insurance Fund 
- Health Insurance Fund of Macedonia 
- Public healthcare institutions 
- Employment Agency of the Republic of Macedonia 
- Pension Insurance Supervisory Agency  “MAPAS”  
- Agency for Electronic Communications 
- Urban Planning Agency 
- Civil Aviation Agency  
- Energy Regulatory Commission of the Republic of Macedonia  
- Competition Protection Commission 
- Commission for protection of the right to free access to   
 public information 
- Securities and Exchange Commission  
- National Bank of the Republic of Macedonia 
- Macedonian Bank for Development Promotion AD 
- Central Registry of the Republic of Macedonia 
- Standardisation Institute of the Republic of Macedonia  
- Accreditation Institute of the Republic of Macedonia 
- Institute for Earthquake Engineering and Engineering Seismology 
- Institute for the Macedonian Language Krste Misirkov 
- Institute for Sociological, Political and Legal Research 
- Tobacco Institute 
- Directorate for Technological and Industrial Development Zones 
- Public institutions in the area of child care 
- Public institutions in the area of social care 
- Public institutions in the area of education (primary, secondary and tertiary) 
 and science 
- Macedonian Academy for Sciences and Arts 
GPA/ACC/MKD/1 
 
       - 203 - 3 - Public institutions in the area of culture (national and local) 
- Public institutions in the area of sports 
- Judicial Training Academy 
- Police Academy 
- Correctional facilities 
- Public Housing Enterprise 
- Public enterprise for maintenance and protection of national and 
  regional roads in “Makedonijapat“ 
- Public Enterprise for forest management „Makedonski Sumi“ and  its subsidiaries 
- Public enterprise for maintenance and protection of multipurpose area  
      “Jasen“ - Skopje 
- Public enterprise for pasture management - Skopje 
- Public enterprise for stock exchange operations “Agroberza“ - Skopje 
- Public enterprise “Macedonian Radio Broadcasting“ 
- Public enterprise “Macedonian Radio and Television“ 
- Public Enterprise “Official Gazette of the Republic of Macedonia“ - Skopje 
- Macedonian Railways Transport AD - Skopje 
- Public enterprise for management of sports facilities owned  by the 
Republic of Macedonia 
- State–owned multi-purpose hall „Boris Trajkovski“ – Skopje,  DOOEL 
- “Macedonian Information Agency“ AD – Skopje 
- Public enterprise “Komunalna higiena“ - Skopje 
- Public enterprise “Parkovi i zelenilo“ - Skopje 
- Public enterprise “Ulici i patista“ - Skopje 
- Water management company Tikves – Kavadarci 
- Water management company Bregalnica - Kocani  
- other public utility enterprises performing utility activities  other than in the area 
of water supply 
- and other legal entities established for specific purpose of meeting the needs of 
public interest other than those of industrial or commercial nature, being largely 
financed; or subject to control in the operations; or where more than half of the 
members of the management or supervisory board have been appointed by state 
bodies, bodies of local government units and of the city of Skopje or by other such 
legal entities. 
 
3.   Legal entities established by one or more contracting authorities referred to in Article 
4, paragraph (1), items a) and b) of the Law on Public Procurement Law: 
 
- ZELS (Association of Local Government Units) 
- and other legal entities established by one or more contracting authorities. 
 
4. Public enterprises, joint-stock companies and limited liability companies where the 
contra
cting authorities referred to in Article 4, paragraph (1), items a), b) and c) of the 
Law on Public Procurement have dominant, direct or indirect, influence and carry out 
one or more activities in the area of water supply, energy, transport and postal services: 
 
- Public water supply enterprise „Studencica“ - Skopje 
- Public enterprise for carrying out water management activities „Zletovica hydro 
power plant“ - Probistip 
- Public water management enterprise „Lisice“ - Veles 
- Public enterprise for water management with „Dojransko Ezero“ hydro system - 
Star Dojran 
- Public enterprise „Strezevo“ - Bitola 
- Public enterprise „Vodovod i kanalizacija“ - Skopje 
- and other public enterprises in the area of water supply 
GPA/ACC/MKD/1 
 
       - 204 - 4 - AD “ELEM“ joint stock company for electricity generation, Elektrani na 
Makedonija, owned by the state and its subsidiaries 
- AD “TPP Negotino“ joint stock company for electricity generation, owned by the 
state - Negotino 
- AD “MEPSO“ electricity transmission and energy and electricity system 
management, owned by the state - Skopje 
- AD “GAMA“ for transmission of natural gas 
- Public utility company „Vodovod“ for production, supply and distribution of 
geothermal energy - Kocani 
- Public traffic enterprise “JSP Skopje” - Skopje 
- PEMR “Infrastruktura” - Skopje 
- Public enterprise for airport services „Makedonija“ and its subsidiaries 
- AD Macedonian Posts joint stock company - Skopje 
- and other public utility enterprises performing activities in the area of water 
supply, joint-stock companies and limited liability companies in the area of 
energy, transport and postal services. 
 
5.  Legal entity, other than those referred to in Article 4, paragraph (1), items a), b), c) 
and d) of the Law on Public Procurement, carrying out one or more activities in the area 
of water supply, energy, transport and postal services on the basis of special or 
exclusive rights: 
  
- AD ESM-EVN joint-stock company for distribution and supply of electricity 
- AD “Toplifikacija” joint-stock company for production and distribution of thermal 
energy 
 
Article 2 
The Li
st determining the entities to which the provisions of the Law on Public 
Procurement apply (Official Gazette of the Republic of Macedonia, nos. 34/04 and 
10/05) shall cease to be valid as of the day this Decision comes in force. 
 
Article 3 
This Decision shall enter into force on the eight day following the day it is 
published in the Official Gazette of the Republic of Macedonia. 
 
 
No. 19
-8312/1 
26 December 2007 
Skopje  
President of the Government 
 of the Republic of Macedonia 
Nikola Gruevski MA 
(in his own hand) 
 
GPA/ACC/MKD/1 
 
       - 205 - 
 
 
 
 
 
Official Gazette of the Republic of Macedonia , no. 74 dated 15th June 2009 
 
 1 of 2  
 
GOVERNMENT OF THE REPUBLIC  OF MACEDONIA  
Pursuant to paragraph 2, Article (4) of the Law on Public Procurement (“Official Gazette of the Republic of 
Macedonia”, nos.  136/07 and 130/08) and paragraph  (3), Article 36 of the Law on Government of the 
Republic  of Macedonia (“Official Gazette of the Republic of Macedonia ”, nos.  59/00, 12/03, 55/05, 37/06, 
115/07, 19/08 and 82/08), Government of the Republic of Macedonia, on its session held on 9th June 2009, 
adopted the following     
DECISION ON MODIFICATIONS AND AMENDMENTS TO THE DECISION ON 
DETERMINING INDICATIVE LIST OF CONTRACTING AUTHORITIES  
Article 1  
New indent shall be added after indent twenty one, point 1, Article 2 of the  Decision on Determining 
Indicative List of Contracting Authorities (“Official Gazet te of the Republic of Macedonia”, no. 159/07) and 
shall read:  
“- Ministry of Information Society”.  
Seven new indents shall be added after indent twenty six and shall read:  “- Agency for Financial 
Support of Agriculture and Rural Development,  
- Agency for Pro motion of Entrepreneurship of the Republic of Macedonia,  
- Energy Agency of the Republic of Macedonia,  
- Commodity Reserves Agency,  
- Agency for Foreign Investments and Export Promotion of the Republic of Macedonia,  
- Agency for Exercising Rights of Communities,  
- National Agency for European Educational Programs and Mobility.”  Four new 
indents shall be added after indent twenty eight and shall read:  “- State Appeals 
Commission,  
- Directorate for Personal Data Protection,  
- Directorate for Compulsory Reserves of Oil and Oil Derivatives,  
- Radiation Safety Directorate”.  Indent 32 shall 
be deleted.  
Indent one in point 2) shall be amended and shall read:  
“- Agency for State Roads”.  
Two new indents shall be added after indent ten and shall read:  “- Real 
Estate Cadastre Agency,  
- Postal Agency”.  
Indent forty three shall be amended and shall read:  
“- Public Enterprise for Railway Infrastructure “Macedonian Railways” –  Skopje”.  New indent 
shall be added after indent forty three and shall read:  “- Centers for Development of Mountainou s 
Regions”.  
 
 
 
GPA/ACC/MKD/1 
 
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 ATTACHMENT 22 
 
 
 
 
 
Official Gazette of the Republic of Macedonia , no. 74 dated 15th June 2009 
 
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Wording “legal entities” in point 3  shall be replaced with the wording “associations”.  Wording  
“legal entities” in indent two shall be replaced with the wording “associations”.  Indent fourteen in 
point 4 shall be amended and shall read:  “Macedonian Railways Transport JSC – Skopje”.  
Article 2  
This Decision shall enter into force on the eight day following the day it is published in the “Official 
Gazette of the Republic of Macedonia”.  
 
No. 19-2546/1  Deputy Prime Minister  
of the Government of the Republic of Macedonia  
  
9th June 2009  Zoran Stavreski  МА,  
  
Skopje  in his own hand  
  
 
GPA/ACC/MKD/1 
 
       - 207 -Pursuant to Article 161, paragraph (5), of the Law on Public Procurement (Official 
Gazette of the Republic of Macedonia, No. 136/2007), the Minister of Finance adopted 
 
 
METHOD
OLOGY 
for expressing the contract award criteria into points 
 
Article 1 
 This M
ethodology shall determine the expression of contract award criteria into 
points.  
 
Article 2 
The criterion for economically most advantageous tender shall be expressed in the 
manner providing for specific expression of all elements of this criterion for the purpose of 
evaluation of tenders depending on the subject-matter of the public contract and its 
technical features. 
 
Article 3 
Elements of the criterion economically most advantageous tender shall be 
expressed in points ranging from 1 to 100 and they shall be indicated by order, according to 
their relevance. 
Total sum of points for all elements chosen by the contracting authority under the 
specific procurement shall be 100. 
Each element chosen shall be directly related to the subject-matter of the public 
contract. 
 
Article 4 
Calculation of the points for the price element shall be made proportionally in relation 
to the lowest price, which shall receive maximum number of points intended for the price 
element. 
The contracting authority shall use the following formula for calculation of point for 
the price element: 
 
the lowest price 
(exclu
ding VAT) . max. number of points Number of points = 
price (excluding VAT) 
 
When calculating the price element, other formulas may be used, containing the 
elemen
ts referred to in the formula in paragraph 2 of this Article. 
 
Article 5 
Calculation of points for the quality features shall be made in a manner that points of 
the sub-elements of the quality features are added, which the contracting authority has 
determined in the tender documentation, and shall be objective and comparable. 
Sub-elements of the quality features at contracts the subject-matter of which shall be 
procurement of consultant and intellectual services may be the following: the approach and 
the methodology for fulfilling the terms of reference, the qualifications and the experience of 
the key staff to be included in the realisation of the project and other important sub-elements 
the contracting authority has envisaged in the technical proposal. 
Article 6 
Calculation of points of technical and functional features, environmental features, 
operating costs, cost-effectiveness, post-sale services and technical support, delivery time 
or execution and other important elements for evaluation of tenders shall be made in such a 
manner that the tender offering the most advantageous conditions for the respective 
GPA/ACC/MKD/1 
 
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 ATTACHMENT 23element shall receive the highest number of points and other tenders shall receive smaller 
number of points, according to the offered conditions and features.  
 
Article 7 
In case the contract award criterion is the lowest price, the contracting authority shall 
rank the tenders according to the prices offered. The most advantageous tender shall be the 
one with the lowest price. 
 
Article 8 
 The Methodology for Expressing Criteria into Points („Official Gazette of the 
Republic of Macedonia“ no.10/05) shall seize to be effective after this Methodology comes 
into force. 
 
Article 9 
This Methodology shall enter into force on the following day it is published in the 
Official Gazette of the Republic of Macedonia. 
 
                 
 
 
 
No. 23-13445/1 
March 25, 2008 
Skopje  
 
 
MINISTER 
Trajko Slaveski PhD 
(in his own hand) 
 
GPA/ACC/MKD/1 
 
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1 
  
Pursuant to paragraph (2), Article 36-c of the Law on Public Procurement (“Official 
Gazette of the Republic of Macedonia”, nos. 136/2007, 130/2008, 97/2010, 53/11, 185/11, 15/13, 148/13, 28/14, 43/14, 130/14, 180/14, 78/15, 192/15 and 27/16), Minister of Finance adopted     
 
RULEBOOK ON THE FORM AND THE CONTENTS OF STANDARD TENDER 
DOCUMENTATION AND STANDARD TECHNICAL SPECICIFATIONS AND THE 
MANNER OF THEIR USE BY THE CONTRACTING AUTHORITIES  
     
Article 1 
This Rulebook shall regulate the form and the contents of standard tender 
documentation and standard technical specicifations and the manner of their use by 
the contracting authorities. 
Article 2 
 Standard tender documentation for procurement of motor gasoline, diesel fuel 
and liquid petroleum gas shall be prepared on A4 white sheet of paper.               Standard tender documentation referred to in paragraph 1 of this Article shall containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 1.3. Economic and financial standing 1.4. Technical or Professional Ability 1.4.1.Technical or professional ability for public procurement 1.4.2.Technical or professional ability for public procurement 
             Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 1, which shall be an 
integral part of this Rulebook.  
Article 3 
Standard tender documentation for procurement of hygiene supplies shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
GPA/ACC/MKD/1 
 
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 ATTACHMENT 24 
2 
 1.2. Suitability to pursue the professional activity 
               Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 2, which shall be an integral part of this Rulebook.   
Article 4 
Standard tender documentation for procurement of office supplies shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 
                        Form and contents of the standard technical documentation referred 
to in paragraph 1 of this Article shall be presented in Appendix 3, which shall be an integral part of this Rulebook.  
Article 5 
Standard tender documentation for procurement of toner cartridges shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 4, which shall be an integral part of this Rulebook. 
Article 6 
 
Standard tender documentation for procurement of light fuel oil shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 1.3. Economic and financial standing 
GPA/ACC/MKD/1 
 
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 1.4. Technical or Professional Ability  
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 5, which shall be an integral part of this Rulebook. 
Article 7 
 
Standard tender documentation for procurement of firewood shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 6, which shall be an integral part of this Rulebook. 
Article 8 
 
Standard tender documentation for procurement of pharmaceuticals shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 1.3. Technical or Professional Ability 
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 7, which shall be an integral part of this Rulebook. 
Article 9 
 
Standard tender documentation for procurement of medical supplies shall be 
prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
GPA/ACC/MKD/1 
 
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 1.2. Suitability to pursue the professional activity 
1.3. Technical or Professional Ability 
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 8, which shall be an integral part of this Rulebook. 
Article 10 
 
Standard tender documentation for procurement of beverages and 
sweeteners shall be prepared on A4 white sheet of paper. 
Standard tender documentation referred to in paragraph 1 of this Article shall 
containt the following elements: 
I. Selection criteria    
1.1. Personal situation 
1.2. Suitability to pursue the professional activity 
                  Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 9, which shall be an integral part of this Rulebook. 
Article 11 
 
           Standard tender specification for procurement of motor gasoline, diesel fuel 
and liquid petroleum gas shall be prepared on A4 white sheet of paper.             Standard technical specificati on referred to in paragraph 1 of this Article shall 
contain the following: description, unit of measurement and quantity.             Form and contents of the standard technical documentation referred to in 
paragraph 1 of this Article shall be presented in Appendix 10, which shall be an 
integral part of this Rulebook.  
Article 12 
           Standard tender specification for procurement of hygiene supplies shall be prepared on A4 white sheet of paper.            Standard technical specification referred to in paragraph 1 of this Article shall contain the following: description, unit of measurement measure and quantity.           Form and contents of the standard technical documentation referred to in paragraph 1 of this Article shall be presented in Appendix 11, which shall be an integral part of this Rulebook.  
Article 13 
            Standard tender specification for procurement of office supplies shall be prepared on A4 white sheet of paper.                Standard technical specificati on referred to in paragraph 1 of this Article shall 
contain the following: description, unit of measurement measure and quantity. 
GPA/ACC/MKD/1 
 
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5 
              Form and contents of the standard technical specification referred to in 
paragraph 1 of this Article shall be presented in Appendix 12, which shall be an integral part of this Rulebook.  
Article 14 
          Standard tender specification for procurement of toner cartridges shall be prepared on A4 white sheet of paper.            Standard technical specification referred to in paragraph 1 of this Article shall contain the following: description, unit of measurement measure and quantity.           Form and contents of the standard technical specification referred to in paragraph 1 of this Article shall be presented in Appendix 13, which shall be an integral part of this Rulebook.  
Article 15 
          Standard tender specification for procurement of light fuel oil shall be prepared on A4 white sheet of paper.            Standard technical specification referred to in paragraph 1 of this Article shall 
contain the following: description, unit of measurement measure and quantity. 
          Form and contents of the standard technical specification referred to in paragraph 1 of this Article shall be presented in Appendix 14, which shall be an integral part of this Rulebook.  
Article 16 
Standard tender specification for procurement of firewood shall be prepared 
on A4 white sheet of paper.            Standard technical specification referred to in paragraph 1 of this Article shall contain the following: description, unit of measurement measure and quantity.           Form and contents of the standard technical specification referred to in paragraph 1 of this Article shall be presented in Appendix 15, which shall be an integral part of this Rulebook.  
Article 17 
Standard tender specification for procurement of beverages and sweeteners 
shall be prepared on A4 white sheet of paper.            Standard technical specification referred to in paragraph 1 of this Article shall contain the following: description, unit of measurement measure and quantity.           Form and contents of the standard technical specification referred to in paragraph 1 of this Article shall be presented in Appendix 16, which shall be an integral part of this Rulebook.  
Article 18 
  Contracting authorities shall use the standard tender documentation and 
specifications as an integral part of the tender documentation models. 
GPA/ACC/MKD/1 
 
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  Contracting authority may use the standard tender documentation and/or the 
standard tender specifications together with all items, as stipulated, presented in 
Apendicies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 to this Rulebook.  
Contracting authority may also use only individual items from the standard 
tender specifications which shall be indicated identically as presented in Apendicies 10, 11, 12, 13, 14, 15 and 16 to this Rulebook. 
Contracting authority may also form parts from the standard tender specifications 
by applying items therefrom, as regards Apendicies 10, 11, 12, 13, 15 and 16 to this Rulebook. 
 
Article 19 
        Rulebook on the Form and the Contents of Standard Tender Documentation 
and Standard Technical Specicifations and the Manner of Their Use by the Contracting Authorities (“Official gazette of the Republic of Macedonia”, no. 177/2015) shall cease to be valid on the day this Rulebook enters into force.  
 
     
Article 20 
This Rulebook shall enter into force on the day following the day it is 
published in the “Official Gazette of the Republic of Macedonia”.   
 
No. _____________  
 Minister of Finance 
________________2016  
 Zoran Stavreski,  
Skopje in his own hand 
 
                                                                       
             
                                    
 
 
 
 
GPA/ACC/MKD/1 
 
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1 
         Pursuant to paragraph (4), Article 14 -m of the Public Procurement Law (“Official Gazette of 
the Republic of Macedonia”, nos. 136/2007, 130/2008, 97/2010, 53/11, 185/11, 15/13, 148/13, 
28/14, 43/14, 130/14, 180/14, 78/15 and 192/15 ), Government of t he Republic of Macedonia, on 
its session held on ________________ 2016, adopted the following        
 
 
TARIFF BOOK 
 ON FEES FOR SUBMITTED REQUEST FOR OBTAINING CONSENT AND RENDERED 
EXPERT OPINION   
 
 
Article 1  
      This Tariff Book shall govern the fees for  submitted request for obtaining consent and 
rendered expert opinion.  
 
Article 2  
     Fee for submitted request for obtaining consent shall be the following:   
 
 
Legal basis of the submitted 
request for obtaining consent  Estimated value of the 
procedure, ex cluding VAT   
(EUR)  Fee for submitted request for 
obtaining consent  
(Denar)  
Forming a lot with several items in 
case of pharmaceuticals, medical 
devices and/or medical consumables   
(paragraph 7, Article 15, LPP)    
Request for obtaining consent for 
forming  a lot with several items in case 
of pharmaceuticals, medical devices 
and/or medical consumables  up to 20,000  600 
20,001-500,000 800 
exceeding  500,000  1,000 
Request for obtaining consent for the 
features in the technical specifications 
for an individu al lot for procurement of 
supplies  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying the selection criteria  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining con sent for 
applying the selection criteria at public 
private partnership  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying the requirements in the 
technical specifications at an individual 
lot when aw arding Framework 
Agreement  
 up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
GPA/ACC/MKD/1 
 
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 ATTACHMENT 25 
 
 
 
2 
 Request for obtaining consent for 
applying the selection criteria when 
awarding Framework Agreement  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying the negotiated procedure 
without prior publication of a contract 
notice after two cancelled  procedures  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying  the negotiated procedure 
without prior publication of a contract 
notice for additional services  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying the negotiated procedure 
without prior publication of a contract 
notice for additional works   up to 20,000  700 
20,001-500,000 900 
exceeding 500,000  1,100 
Request for obtaining consent for 
concluding Framework Agreement 
with less than 7 (seven) economic 
operators  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Request for obtaining consent for 
applying the economically most 
advantageous tender criterion  up to 20,000  600 
20,001-500,000 800 
exceeding 500,000  1,000 
Other requests on the basis of 
respective  legal grounds  up to 20,000  700 
20,001-500,000 900 
exceeding 500,000  1,100 
 
 
 
 
Article 3  
     Fee for rendered expert opinion shall be the following:  
 
 
Type of expert opinion  Estimated value of the 
procedure, excluding VAT   
(EUR)  Amount in denars  
Forming a lot with several items  in 
case of pharmaceuticals, medical 
devices and/or medical consumables   
(paragraph 7, Article 15, LPP)    
Expert opinion on justification of 
forming a lot with several items in case 
of pharmaceuticals, medical devices 
and/or medical consumables  up to 5,00 0 1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
GPA/ACC/MKD/1 
 
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3 
 exceeding 500,000  6,300 
Expert opinion for justification of the 
features in the technical specifications 
for an individual lot for procurement of 
supplies  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion on justification of 
applying the selection criteria  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceedi ng 500,000  6,300 
Expert opinion on justification of 
applying the selection criteria at public 
private partnership  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for applying  the 
requirements in the technical 
specifications at an individual lot when 
awarding Framework Agreement  
 up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for applying the 
selection criteria when awarding 
Framework Agreement  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for applying the 
negotiated procedure without prior 
publication of a contract notice after 
two cancelled  procedures  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for applying the 
negotiated procedure without prior 
publication of a contract notice for 
additional services  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for applying the 
negotiated procedure without prior 
publication of a contract notice for 
additional works   up to 5,000  1,750 
5,001 -20,000 2,450 
20,001-130,000 3,500 
130,001-500,000 4,900 
7,000 
exceeding 500,000  7,000 
GPA/ACC/MKD/1 
 
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4 
 Expert opinion for concluding 
Framework Agreement with less than 
7 (seven) economic operators  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for justification of 
applying the economically most 
advantageous tender criterion  up to 5,000  1,400 
5,001 -20,000 2,100 
20,001-130,000 3,150 
130,001-500,000 4,200 
exceeding 500,000  6,300 
Expert opinion for other requests on 
the basis of respective  legal basis  up to 5,000  1,750 
5,001 -20,000 2,450 
20,001-130,000 3,500 
130,001-500,000 4,900 
 
exceeding 500,000  7,000 
 
 
Article 4  
     Tariff Book on Fees for Rendered Expert Opinion (“Official Gazette of the Republic of 
Macedonia”, nos. 97/14 and 129/15) shall cease to be valid on the day this Tariff Book enters 
into force.    
 
 
 Article 5  
    This Tariff Book shall enter into force on the day following the day of its publication in the 
“Official Gazette of the Republic of Macedonia”.    
 
 
No. _________  PRESIDENT OF THE GOVERNMENT                                                                                                                  
OF THE REPUBLIC OF MAC EDONIA  
  
__________ 2016  Nikola Gruevski MA,  
  
Skopje  in his own hand  
 
 
 
      
                              
 
 
                                                                                                                        
 
__________ 
GPA/ACC/MKD/1 
 
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