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After the award decision becomes effective, the contracting authority and the respective contractor agree on the date and method of signing.

According to art. 112 of the Public Procurement Act (PPA) when signing the public procurement contract, the participant, who has been awarded the contract, must submit:

• Documents, evidencing the absence of reasons for his elimination from the procedure, as well as the conformity with the specified selection criteria, including with respect to the third parties and the subcontractors, if any. Тhe contracting authorities specify what documents to be requested, and these may include declarations by the participants or certificates by various governmental authorities, not readily available to the contracting authority by official means (e.g., publicly available information).

• The specified contractual performance guarantee;

• Other documents, requested by the contracting authority or as specified in a regulatory or administrative act;

• A registration document, when the successful participant is combination, which is not a legal entity, if the contracting authority has included a condition for the establishment of a legal entity. If the contractor is a combination, which is not a legal entity and the contracting authority has not included a requirement for the establishment of a legal entity, the public procurement contract shall be signed, after the contractor submits to the contracting authority an endorsed copy of the tax and BULSTAT registrations or equivalent documents in conformity with the legislation of the country, where the combination is established (art. 70 Implementing Rules to the PPA).

The Contracting Authority may not request documents:

• Which have already been provided;

• Which are readily accessible by it through official means or through a public register (e.g., acts, accessible in the Commercial Register, court clearance, etc.);

• Which can be provided through direct and free-of-charge access to the national databases of the Member States.

If the successful participant fails to meet any of the aforementioned conditions or fails to prove that there are no reasons for his elimination from the procedure, the contracting authority shall not conclude a contract for the awarding of the public procurement.

What is the contractual performance guarantee intended for and in what form I can submit it?

The Contracting Authority may request from the selected contractor to submit guarantees, securing the performance of the contract and/or any advance payments (art. 111 of the PPA).

• The performance guarantee cannot exceed 5% of the contractual price. In case of reserved procurement, assigned to specialized enterprises or cooperations of people with disabilities [1], the contractual performance guarantee cannot exceed 2% of the contractual price.

• The guarantee, securing advance payments, may reach the amount of such advance payments and is to be released within three days after the refunding or utilization of the advance payment.

The requested guarantees and their respective percentage are specified in the notice for opening the procedure, in the call for confirmation of interest, in the call for participation in negotiations or in the procurement announcement.

Important to know
	The guarantees are provided in one of the following forms: cash, bank warranty, insurance, securing the performance by covering contractor’s liability. The guarantee in the form of monetary funds or bank guarantee may be provided on behalf of the contractor by a third party – guarantor.

The contractor selects himself the form of the performance guarantee or the guarantee for advance payments.

If the selected contractor is a combination, which is not a legal entity, each partner in the combination may be the ordering party of the bank guarantee, and the depositor of the amount of the guarantee or holder of the insurance policy, respectively.

The terms and conditions for the retention or release of the performance guarantee are governed by the public procurement contract.

When the public procurement contract is performed in stages, the contracting authority includes in the draft contract  a clause for partial release of the guarantees, and of the performed part of the subject matter of the public procurement, respectively.

When the subject matter of the procurement includes warranty maintenance, the contracting authority specifies in the draft contract what portion of the performance guarantee is intended to secure the warranty maintenance.

For more information
	For more information on the legislation and methodology in the public procurement area, please refer to the website of the: Public Procurement Agency.

 

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[1] Specialized enterprises or cooperations of people with disabilities are those, within the meaning of art. 48, para. 1 of the People with Disabilities Act or their equivalent in conformity with the legislation of the EU Member State.