What is public procurement?
Public procurement means the implementation of legal proceedings and rules determined by law when acquiring goods, works and services that are necessary for public authorities – state authorities, local self-government units and public institutions – since such authorities manage public financial resources, i.e. tax payers’ money.
Rules and procedures shall have public distinctness and shall provide accessibility to all interested parties, while at the same time uplifting the widest social supervision over public spending.
Profile of the City of Rijeka
In accordance with the Public Procurement Act, the City of Rijeka, as a local self-government unit is a public ordering party.
Profile of the City of Rijeka as a public ordering party is:
City of Rijeka, Korzo 16, 51000 Rijeka
Reg.No: 2664763 PIN of the City of Rijeka: 54382731928
Main address of the ordering part (URL): www.rijeka.hr
The legislative framework that relates to Public procurement includes a number of various rules, institutions and services.
Electronic public procurement (e-procurement) is a comprehensive title for the public procurement system that is based on the application of electronic means of communication in public procurement procedures and it includes electronic tools as support in various phases of the public procurement process.
The rules that are applicable to each procurement process depend on the estimated procurement value (value without VAT), namely of the procurement threshold determined by EU directives on public procurement or by national legislation or to put it in a simple manner, according to the estimated amount intended to acquire goods, works and services, various public procurement procedures are applicable, laid down by the Law.
Previous consultations with interested economic operators
Pursuant to Article 198 (3) of the Public Procurement Act (“Official Gazette“, No 120/16) the City of Rijeka is obliged to carry out the procedure of compulsory consultations with interested economic operators lasting for at least 5 (five) days, before instituting open or restricted public procurement procedures for the acquisition of works (low and high value) or high value public procurement procedures for the acquisition of goods or services,
The following is added to previous consultations:
- Description of the subject-matter of the contract,
- Technical specifications,
- Criteria for choosing an economic operator in a quality manner,
- Criteria for offer selection, and
- Specific requirements for contract execution.
Any economic operators interested in getting a public procurement contract are invited to take part in previous consultation so that by giving their objections, proposals and advice they may contribute to implementing the procurement procedure in a quality manner and selecting the best offer, while respecting market competition principles, prohibition of discrimination and transparency in public procurement procedures.
Following every consultation performed, the City of Rijeka considers all objections and proposals presented by interested economic operators, it prepares reports about accepted and declined objections and proposals and publishes them on the web site e-Consultations.
High value procurement procedures
High value procurement procedures have been determined by European thresholds. The value of EU thresholds is determined by the Directive of the European Commission which, as a rule, are modified on a biannual basis. At present the City applies the values of EU thresholds adopted on 1 January 2016. From the date of accession of the Republic of Croatia to the European Union, any high value procurement advertisements have to be published also in the Official Journal of the European Union, TED – Tender Electronic Daily, electronic public procurement journal of the Republic of Croatia.
Low value procurement procedures
Public procurement of goods and services of an estimated value above HRK 200,000,00, and procurement of works of an estimated value above HRK 500,000.00 shall be published in the Electronic public procurement journal of the Republic of Croatia.
Below legal threshold procurement procedures
Below legal threshold procurement means the acquisition of goods and services of an estimated value up to HRK 200,000.00, and the acquisition of works of an estimated value up to HRK 500,000.00.
The procurement plan is adopted for the budget year and its goal is systematic research of the most favourable procurement method with regard to the needs over the planned period. Planning is based on the assessment of necessary quantities of goods, works and services.
Registries of contracts
The register of public procurement contracts and framework contracts is updated semiannually. The City of Rijeka, in addition to this Register, also publishes the Review of contracts relating to below legal threshold contracts. These registries are published in accordance withe the rules laid down by the Public Procurement Act, and the Action Plan for 2015 – 2016 relating to the Anti-corruption Strategy for the period from 2015 to 2020 (OJ 79/15).
Prevention of conflicts of interests
Aiming to prevent conflicts of interest, pursuant to the Public Procurement Act, public contractors shall public the list of economic operators with whom the representatives of the public entity maintain certain relationships that are considered conflicts of interest.
The City of Rijeka, as a public contractor, publishes that there are no economic operators with whom the contractor’s representatives – mayor and deputy mayors and persons related to them – are in a conflict of interest.
The prevention of conflicts of interest is outlined in Article 13 of the Public Procurement Act.
Green public procurement
Green public procurement is a procedure whereby public administration bodies encourage the purchase of ‘green’ products and services, namely those that over their lifecycles have less impact on the environment than those products that they would otherwise buy.