Brussels, 07.05.2013
Markt.ddgl.c.2/JT/mw(2013)1017569
Mr. Bakardzhiev
National Coactivity Center of
Institute for Legal Analysis &
Research,
Administrative Business
Center- 4th floor, office 1
Ul. Tsarigradska 24
BG - Burgas, PO 8000
Email: us@ipai-bg.eu
Subject: Crisis in the award, implementation and control systems of public procurement in Bulgaria
Dear Mr. Bakardzhiev,
Thank you for your email of 29 January 2013 and for the questions related to the national survey "Crisis in the award, implementation and control systems of public procurement in Bulgaria" which you have sent to Commissioner Michel Barnier. In your correspondence, you requested a written reply to some specific questions. The Commissioner asked me to reply on his behalf.
First of all, we would like to apologies for our late reply. According to the provided information, the survey has the aim to protect the public interest and to promote transparency as a leading principle in the implementation and award of public procurement procedures in Bulgaria. In this respect you are sending us five questions concerning the principles governing the award of public contract below the thresholds of Directives 2004/17/EC and 2004/18/EC, concerning the rules for advertising, the contract award and the judicial protection for those types of contracts.
Please note kindly that the questions relevant to the legal regime of contracts below the thresholds of the EU Directives are subject of the "Commission Interpretative Communication on the Community law applicable to contracts awards not or not fully subject to the provisions of the Public Procurement Directives" of 23.6.2006. You received an internet link to the above by e-mail on 31 October 2012.
The Communication in question explains that the contracting entities have to comply with the principles free movement of goods, the right of establishment, the freedom to provide services, non-discrimination and equal treatment, transparency, proportionality and mutual recognition, whenever they award a contract falling into the scope of the Treaty (i.e. contracts below the thresholds for application of the Public Procurement Directives but having cross-border interest and contracts for services listed in Annex II B to Directive 2004/18/EC and in Annex XVII B to Directive 2004/17/EC that exceed the thresholds for application of these Directives).
Moreover, this Communication sets forth the basic standards for the award of the public contracts relevant to the Internal Market. Those basic standards derive directly from the Treaty principles referred to above and concern the advertising, the contract award and the judicial protection. In this respect, the national contracting entities may define their own procedures provided that the basic standards set forth in the Commission Interpretative Communication are respected.
I hope the above will help you to address the issues related to the award of contracts below the EU thresholds. Should you have further questions, please feel free to get back directly to the services of DG MARKT.
Yours sincerely,Joanna Szychowska
Contact: Jordan Toujarov, Telephone: +32 229-64172, Jordan.Toujarov@ec.europa.eu
