News

05.09.2018.

Citizens association may be a participant in the public procurement procedure

The Association of Court Interpreters of the Republic of Srpska has been discriminated through numerous public procurement procedures over a longer period of time, since the contracting authorities, having applied the view of the Procurement Review Body, in a large number of cases found that the citizens association cannot be a participant in the public procurement procedure. Although the Association of Court Interpreters of the Republic of Srpska submitted the most favourable bid in a number of implemented public procurement procedures, the contracting authorities, referring to the non-profit character of the association, nevertheless selected other bidders. After a long procedure, the Court of BiH rendered a Judgment no. S1 3 U 024400 17 U from 05 September 2018, and finally determined that citizens association may be a participant in the public procurement procedure. Among other things, in the reasoning the Court stated: “The public procurement procedure is a strictly formal procedure and the formalities have not been established to be an end in itself, but to ensure equal treatment and non-discrimination of all bidders.”

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