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Договорът за възлагане на обществена поръчка
Public Procurement Contract

Author(s): Svilen Stanchev
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The Law on Public Procurement contains many different rules about the public procurement contract in comparison with the former law. According to the new Law on Public Procurement, acts by the principal are individual administrative acts. The relationships between the parties to a public procurement contract are regulated by rules in Law on Administrative Procedure, Law on Obligations and Contracts, Commercial Law and special rules in Law on Public Procurement. Any disputes between the parties about the contract have to be decided by the Commission for Protection of Competition and by the Court. The public procurement contract is a formal agreement between the principal and the prospective contractor in the public procurement procedure to whom it is awarded. The parties may conclude a public procurement contract after the completion of the public procurement award procedure. The special committee ranks the prospective contractors and decides about the first-ranking prospective contractor. He must put in the proofs of his registration together with other facts and circumstances, according to Art. 42 of Law on Public Procurement. He must also pay a deposit for the performance the contract. If the awarded prospective contractor will not put in these proofs or will not pay the deposit, the principal will not conclude a public procurement contract with him. The public procurement contract has to contain clauses about the subject of the public procurement, about the price and about the term and the place of contract performance. If some of these clauses do not figure in the contract it will be void. The contract also contains specific rules and standards for quality or technology. The parties to a public procurement contract may not amend the contract, according to Art. 43 of Law on Public Procurement. The principal is under the obligation to pay the price and accept the supply, service or work, according to the rules of the public procurement contract. The contractor's obligation is to supply the service or work according to the term and place specified in the contract. He must observe standards for quality and technology. Rules about performance and non-performance in the public procurement contract are in Law on Obligations and Contracts and in Commercial Law.

  • Issue Year: XLVIII/2007
  • Issue No: 1
  • Page Range: 118-137
  • Page Count: 20
  • Language: Bulgarian