1. First instance review in Slovenia
Budapest, 14 November 2017

2. PUBLIC PROCUREMENT IN SLOVENIA IN NUMBERS
Slovene GDP in 2016: 39,4 billion EUR
PP Contracts Value in 2016: 3,91 billion EUR = 9,8 % of GDP
Number of contracting authorities: app. 3000

3. PUBLIC PROCUREMENT IN SLOVENIA IN NUMBERS
2016
Number of contracts
Contracts value
PP above the (national) thresholds
5.851
PP below the (national) thresholds
Total
Total including VAT

4. National PP thresholds amounts
PUBLIC PROCUREMENT IN SLOVENIA IN NUMBERS
National PP thresholds amounts
Classical Sector
Utilities Sector
Public supply and service contracts
EUR
EUR
Public works contracts
EUR
EUR
Public service contracts for social and other specific services
EUR
EUR

5. PUBLIC PROCUREMENT IN SLOVENIA IN NUMBERS

6. NATIONAL LEGISLATION Public Procurement Act (ZJN-3)
Public Procurement for Defence and Security Act (ZJNPOV)
Public-Private Partnership Act (ZJZP)
Legal Protection in Public Procurement Procedures Act (ZPVPJN)
Civil Procedure Act (ZPP – subsidiary use)
Minor Offences Act (ZP-1)

7. PUBLIC PROCUREMENT PORTAL (http://www.enarocanje.si/)

8. STATUS OF THE NRC
a specialized, independent, professional, expert state institution
legal protection at all procedural levels of the award of public contracts
not acting as a formal court, but it fulfils all the requirements for a tribunal according to the Court of Justice of European Union
established by Law
permanent, independent
applies rules of Law
its jurisdiction is compulsory
inter-partes procedures
(ECJ case C-296/15 - Medisanus) 53
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9. ESTABLISHMENT LEGAL BASIS
Commission competent for reviewing public procurement award procedures
National Review Commission
Public Procurement Act 1997 – 1999
Auditing of Public Procurement Procedures Act, 1999
Legal Protection in Public Procurement Procedures Act, amendments
Rules of Procedures
Public Procurement Act

10. Adviser to the President
ORGANIZATION OF THE NRC
Adviser to the President
PRESIDENT OF THE NRC
MAIN ACTIVITES
SUPPORT ACTIVITES
4 MEMBERS OF THE NRC
(one is a Deputy-President of the NRC)
Advisers
and
Senior advisers
Head of cabinet of the President
Head of the register
Secretary of the NRC
Legal Secretary
Administrator

11. MEMBERS OF THE NRC
appointed by the National Assembly on the proposal of its committee, responsible for terms of office and elections,
eight year period of office,
status of state officials,
general conditions for judges apply (age, personal competence…);
president and two members shall be educated in the field of law, while two other members shall be educated in other fields; the president must fulfil the additional requirement of passing the state judicial exam (bar exam);
president and members shall have at least six years of experience in the field of public procurement.

12. ADVISERS TO THE NRC
The NRC currently employs 13 advisers, all lawyers,
10 advisers work on review procedures, 3 on minor offence procedures,
Status of civil servants.

13. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
Two - stage procedure:
Before the Contracting Authority (pre-review procedure)
Before the National Review Commission (review procedure)
+ lawsuit for annulment of contract (regular civil court)

14. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
Before the Contracting Authority
capacity to initiate proceedings:
each person having interest in being awarded a public contract,
who suffer or could suffer damages due to the alleged infringement
+ representatives of public interest:
Ministry of public administration (PPA),
Court of Audit,
Commission for protection of competition,
Commission for prevention of corruption.
b) admissibility of legal protection:
a review claim may be lodged during all stages of the procedure and against each action of the contracting authority

15. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
c) contents of a review claim (among other):
alleged infringements,
facts and evidence proving the infringements,
proof of paying the procedural fee:
1.500 EUR – EUR - if the review claim is lodged against the contents of a call, an invitation to submit a tender or tender documentation,
2% of the value of the selected tender (not less than 500 EUR, not more than EUR) - if the review claim refers to a decision on awarding of a contract.

16. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
d) time limits for submitting a review claim:
Review claims against a call for tenders/tender documentation:
8 working days from publishing a call for tenders/availability of complete documentation,
not possible after the time limit to receive tenders has expired (with exceptions).
Review claims against decision on awarding of a contract:
8 working days from publishing the decission on the Public Procurement Portal
Review claims in small value procurement procedures:
5 working days

17. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
e) Consequences of the submitted review claim
ex lege suspension effect only as regards to concluding of the contract,
Possibility of issuing interim measures by the NRC:
allowing conclusion of the contract;
stoping further activities of the contracting authority
f) Contracting authority‘s decision:
Decision on rejection of the review claim as unfounded,
Decision on adoption of the review claim and partially/completely annulling the procedure
Deadline for adopting a decision: 8 working days

18. REVIEW OF PUBLIC PROCUREMENT AWARD PROCEDURE
2. Before the National Review Commission
no direct approach, the NRC cannot commence a review procedure on its own,
when the contracting authority rejects the review claim it has to deliver the entire documentation to the NRC (3 WD); the review procedure starts automatically upon receiving of the documentation,

19. SENATE AND ADVISERS
Senate of three Members / Individual member in case of appeal
natural judge principle, varies
Advisers
appointed for each specific case, rotation system

20. NATIONAL REVIEW COMMISSIONS‘ DECISION
Request is rejected as unsubstantitated/inadmissible
Request is sustained, procedure invalidated
Within the limits of the review claims
subsidiary use of the civil procedures act,
competence of an appelate body / but can advise
15 working days (+ 15 working days) = instructive time limits
transparency of work – all decisions published on the webpages of the NRC
no legal remedies (claim for damages)

21. EFFICIENCY OF THE SYSTEM

22. STATISTICAL DATA
review procedures per year (5 % of all PPP),
1/4 of review claims filed against call for tender (tender documentation), 3/4 filed against decision on awarding of the contract;
30-40 % of review claims are sustained.

23. MOST COMMON INFRINGEMENTS
Discriminatory technical specifications,
Suitability criteria (past performance…)
Selection criteria,
Abnormally low tenders,
Tender guarantee…

24. Thank you for your attention!