Achieving quality as the basic criterion on which it is necessary to base the process of implementation of public procurement, through which the country is spending up to 1 billion euros annually, is currently one of the biggest challenges in the procedures. Opportunities for corruption due to the involvement of large financial resources and direct contact between the public and private sectors are large, and all efforts must be made to eliminate it. The weaknesses that the business community has detected and which are a potential danger for a non-transparent procedure in order to conclude corrupt deals in public procurement still exist because the key requirements of the private sector in the Public Procurement Law have not been integrated, which again in its new form again has significant shortcomings .

 One positive change from the old legal solution is that in the new Law on Public Procurement, from April 1 this year, the concept of the lowest price by accepting the “economically most favorable bid” is abandoned, taking into account criteria such as the best relationship between price and quality, price or costs using the cost-benefit approach, which was one of the requirements of the business community.

 However, even before the adoption of the legal solution, they detected and pointed out a number of weaknesses, especially as to how the new model would be applied, because a serious omission was made, not including the comments of the business community in its preparation. The question arises about who will participate in public procurements, if not companies, whose experiences do not involve the institutions that draft the acts in order to eliminate the existing shortcomings, but draw up the acts on their own.

Additionally, by the end of September this year, it is envisaged to adopt 18 bylaws that will clarify a number of important issues determined by law, such as low value procurement, electronic market and catalog, and the like. According to the latest information, the competent institutions have already adopted certain bylaws, and some are in preparation.

At the beginning of April, at the last of the regular consultative meetings of the Union with a delegation of the European Commission, and in the presence of companies from several sectors on the topic of public procurement, it was detected that would arise as a lack of practice caused by the non-imposition of the regulation.

The secondary legislation aims to clarify the issues covered in the Law on Public Procurement, whereby a serious problem is if the representatives of the private sector are not consulted for the elimination of the detected shortcomings in its preparation, since the companies will then be expected to implement the quality of the legal solution.

One of the demands of the business community was to implement bylaws for the most important industries individually, in order to implement the selection criteria for the most economically advantageous, because there are great differences in the criteria that can be pointed out as an example of public procurement in construction or in trade as branches which have different specifics. It was stressed the need for adoption of rulebooks with instructions that will indicate specific criteria for each industry individually, for precise and precise determination of the conditions for choosing the most economically advantageous tender, which minimizes the possibilities for free interpretation and abuse. A condition of partially applicable regulation with great possibilities for abuse is unacceptable, it is necessary, in cooperation with the economy, to precisely determine the manner of realization of the selection of the most favorable bid.

At the same time, it is necessary to establish a system of control that will enable greater transparency not only in the selection of the most favorable bid, but also on the realization of the contracts, whether they are fulfilled in accordance with the tender documentation and the bid, as well as whether the institutions timely and in accordance with the agreements financial obligations are settled. Only in this way will we get a quality solution that will be applicable in practice with minimal opportunity for corruption and abuse, will provide fair competition in the market and equal treatment for all.