On January 1, 2020 the new Public Procurement Law (“Law”) entered into force. However, most of its provisions will start to apply as of July 1, 2020. In order to comply with the provisions of the new Law, i.e. to avoid being erased from the Register of Bidders, the Registered Bidders (entities and entrepreneurs) must submit to the Business Registers Agency a request for the issuance of a certificate of non-existence of grounds for exclusion from the public procurement procedure (“Request”).
The Request can be submitted by the authorized representatives of the company or person authorized by the company’s representative. The applicant must submit the following documentation along with the Request:
- Certificates that prove that the legal entity and its representative have not been convicted for the (i) white collar criminal offenses (such as tax evasion, money laundering, abuse of power, fraud, bribery etc.) and terrorism related crimes; (ii) any criminal offense committed as a member of organized criminal group and a criminal offense of association for the purpose of committing criminal offenses;
- Excerpt from criminal recordse. certificate of the Ministry of Internal Affairs for domestic natural persons or certificate of the competent foreign body for non-resident natural persons, confirming the non-conviction of a natural person;
- Certificate that confirms that the due taxes and contributions for compulsory social insurance have been paid by the entity or that it has been granted a deferral of debt payment by a binding agreement or decision.
All the above-mentioned documentation cannot be older than two months from the day of its submission to the Register of Bidders.
If the registered bidders do not submit the request for the issuance of a certificate of non-existence of grounds for exclusion from the public procurement procedure to the Business Register Agency until July 1 2020, they will be deleted from the Registry of Bidders ex officio. However, they may always apply to be re-entered in the Register of Bidders.