Bosnia and Herzegovina
Public Procurement Agency and
Procurement Review Body
 
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FAQ
COMMENT AND RECOMMENDATION
 
28.11.2007.::
How high may the financial compensation for issuance of tender documents be?
Financial compensation may include solely costs of preparation and delivery of tender documentation to suppliers in compliance with Article 18, paragraph (4) of the Public Procurement Law. Suppliers are entitled to see tender documentation before they decide to purchase it. Since the preparation of tender documentation may be a significant expenditure for the contracting authorities, mainly related to the larger amount of documentation, the contracting authorities are allowed to determine the tender documentation compensation. That financial compensation will cover solely the actual costs of preparation and delivery of documents to suppliers. The contracting authority may not determine a large financial compensation for tender documentation with an aim to achieve the following:
 
1) Avoid small and/or weak companies, which cannot afford to pay a high price in order to participate in the procurement procedure (to exclude such companies, the contracting authority may, if necessary, establish the more demanding criteria for selection, and request appropriate tender guarantee);
2) Repay costs of the procurement procedure preparation and conduct;
3) Earn money from economic operators.
 
If economic operators are of the opinion that tender documentation is too expensive, and contrary to Article 18, paragraph (4) of the Public Procurement Law, they may apply measures prescribed by Articles 50-52 of the Public Procurement Law, and file a complaint (and an appeal) against the decisions which relate to the (too high) price of documentation.
 
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01.11.2014.
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