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6. Assignation of the Contract for Public Procurement:

6.1. Assignation of the Contract for Public Procurement:

6.1.1. The Contracting body, in the electronic auction as the last phase in the opened procedure, assigns the contract to the economic operator which offer has the lowest price.

6.1.2. If 2 or more offers have the same price, the best Bidder will be considered the one who 1

6.1.3. In nobody submits new price in the course of the electronic auction, while 2 or more offers have identical price, the offer which has been submitted 1

6.1.4. If in the course of the procedure for an assignation of a Contract for Public Procurement, the best acceptable offer according to the conditions of the procedure is with a price higher than the amount of the assets determined in the decision for public procurement, the contracting body can change the decision and provide assets needed for the realization of the Contract, only if the offered price is not less suitable from the real market prices and not to pass over the valuable threshold stipulated for this type of procedure according to the Law on Public Procurement.

6.1.5. After the closing of the electronic auction and the selection of best Bidder, if the subject of the procurement or the separate part is consisted of several items, the price of every separate item will be calculated with an appropriate reduction which will be equal to the percentage of the price reduction of the preliminary offer of the best Bidder (before the electronic auction) and the price of the last offer (after the closing of the auction).

6.2. Notification for assignation of the Contract for Public Procurement:

6.2.1. After the performance of the electronic auction on the public part of the EPPS, it is automatically published a notification about which economic operator submitted the best offer in the course of the negative bidding and the same is sent to all the participants in the auction. The notification has an informative character and does not cause legal consequences. The result from the electronic auction is a base for decision making for the selection 6.2.2. The selected best economic operator will receive a notification on paper that his/ her offer is accepted, at least in a term of 3 days from the decision making for the best offer. At the same time, all the other economic operators will be informed for the results from the procedure, for the decision regarding the best economic operator as well as for the reasons for the denial of their offers. The economic operators who participated in the procedure have a right to see the report from the conducted procedure.

EN Standard form 02 — Contract notice 16 / 22.

6.3. Legal protection:

6.3.1. Every economic operator with a legal interest for the assignation of the Contract for Public Procurement and who suffered or may suffer damage from possible provisions breaking from the Law on Public Procurement, can ask for public protection against the decisions, the actions and the failures for taking actions by the Contracting body in the procedure for assignation of a Contract for Public Procurement. The right for appeal in a procedure which closes with an electronic auction is realized after a decision making for the selection of the best bidder or cancellation of the procedure.

6.3.2. The appeal should contain the following elements:

— Information for the appellant (name, surname, title of the economic operator, residence address and seat),

— Information for the representative or the assignee,

— Title and seat of the Contracting body,

— Number and date of the procedure for assignation of a Contract for Public Procurement and information for the advertisement for assignation of Contract for Public Procurement,

— Number and date of the decision for a selection of the best offer, cancellation of the procedure or other decisions of the Contracting body,

— The information for the activities or the failures for taking actions by the Contracting body,

— Description of the actual situation,

— Description of the faults and explanation for the same,

— Suggestion for evidences,

— Appeal and/ or a request for compensation for damages of the procedure, and

— Signature by the authorized person.

6.3.3. The appellant is obliged to also enclose an evidence for a paid compensation for the conducting of the procedure.

6.3.4. The appellant without seat on the territory of the Republic of Macedonia is obliged to nominate legal representative for the acceptance of a written documentation.

6.3.5. The appeal is submitted to the State Commission. The appeal is submitted in person or by registered post to the Contracting body and also to the State Commission. The date of the appeal submission by registered post is considered to be the date of the submission. In case of a submission in person, the Contracting body is obliged to issue the appellant a certification for the acceptance time.

6.3.6. In the procedure before the State Commission, the appellant, except for the administrative tax also pays a compensation for the conducting of the procedure depending on the amount of the offer, as follows:

— Up to 20 000 MKD in MKD equivalent, compensation of 100 EUR in MKD equivalent,

— From 20 000 to 100 000 EUR in MKD equivalent, compensation of 20 EUR in MKD equivalent,

— From 100 000 to 200 000 EUR in MKD equivalent, compensation of 300 EUR in MKD equivalent, or

— More than 200 000 EUR in MKD equivalent, compensation of 400 EUR in MKD equivalent.

6.3.7. In case when there is no offer, the amount of the compensation for the conducting of the procedure is estimated according to the estimated value of the Contract for Public Procurement, while the State Commission informs the appellant for the amount of the compensation and the term to which an evidence for payment should be submitted.

6.3.8. The compensation for the conducting of the procedure is a revenue for the Budget of the Republic of Macedonia.

6.4. Concluding a Contract for Public Procurement:

6.4.1. After the notification to the Bidder for the assignation of the Contract (hereinafter and in the Conditions of the Contract referred to as ‘Letter of Acceptance’), in term of (7) seven days, the best Bidder should provide a Bank Guarantee for timely and quality performance of the Agreement according to item 7.3.

6.2.2. The Contracting body will submit the Contract for Public Procurement to the selected best Bidder in 6 (six) copies for signing.

6.2.3. The selected best Bidder has a responsibility to sign the Contract for Public Procurement in term of (7) days from the date of the receiving of the Contract and to return the same to the Contracting body. The EN Standard form 02 — Contract notice 17 / 22.

Contracting body is responsible to send the selected best Bidder the required number of copies from the Contract after the same will be written by an authorized person of the Contracting body.

6.2.4. If the selected best Bidder does not sign the Contract in term determined in item 6.4.3 from the tender documentation, the Contracting body preserves the right to consider that the selected best Bidder has given up to sign the Contract and to activate the guarantee of the offer.

Информации за роковите за приговор

Every bidder with a legal interest in obtaining a public procurement contract that has suffered or might suffer damage from a potential breach of the provisions of this Law, may request legal remedy against the decisions, actions and inactions by the contacting authority in the procedure for awarding a public procurement contract, in EN Standard form 02 — Contract notice 15 / 36 accordance with the conditions and procedure envisaged in the Public Procurement Law. The right to an appeal in a procedure that ends with an electronic auction in terms of determining the capacity of the bidders and the full evaluation of the initial offers is carried out within 8 days once a decision is reached for selecting the most favourable bidder or annulling the procedure.