I own a construction company. I wish participate in public procurement as a tenderer. What do I need to pay attention to in order to participate?

In particular, the requirements for the tenderer must be examined. The Public Procurement Act stipulates the grounds on which the contracting authority must exclude a tenderer from a public procurement and may not enter into a contract with it. The purpose of the qualification conditions is to enable the contracting authority to check whether the tenderer is suitable to carry out the activities necessary for the performance of the contract. The tenderer may be required as a condition of qualification to have a certain amount of turnover, the number of work performed, the existence of certain experience in the employees, etc. The higher the amount of the procurement, the more complex the requirements may be. The qualification conditions can be found in the section “Grounds for exclusion and qualification conditions” next to the procurement. Be sure to be careful when filling in the procurement passport, because even in your opinion, even a clerical error can cause exclusion from the procurement.

Can a contracting authority, for example, require a certain amount of net turnover from my company as a tenderer? Can there be restrictions on this?

Yes, it may be required. The Public Procurement Act stipulates that the contracting authority may require the tenderer to have a net turnover in an amount which may not exceed twice the estimated value of the contract. If, due to the risks related to the performance of the procurement contract, it is necessary to determine the annual turnover requirement in a larger amount, the contracting authority must substantiate this in the basic documents of the public procurement. It is therefore proportionate to require tenderers to have a minimum annual net turnover of twice the estimated value of the contract, a rule which may be disregarded only in exceptional cases. For example, if the estimated value of the contract is EUR 100 000, the tenderer could be required to have had an annual or average net turnover of at least EUR 200 000 for the last three years. Also, according to settled case law, the contracting authority may not impose disproportionately high qualification conditions and the required net turnover may exceed the estimated value of the contract by a maximum of 2-3 times.

I am a small producer. I want to participate in a public procurement. The contracting authority wants the seller to provide a 60 (sixty) month sales / manufacturer's warranty for the offered items. Is such a claim justified and what is the sales guarantee?

Yes, it may be required. The Public Procurement Act gives the contracting authority wide possibilities in compiling the procurement conditions. The guarantor grants additional rights to the buyer in addition to the obligations arising from the sales contract if the goods sold have defects. It is a remedy that favors the buyer more than a normal sales contract. The sales guarantee is usually concluded together with the sales contract. If the person liable for the guarantee is not the seller but a third party (eg the manufacturer), the seller is his representative or the person acting as an intermediary for the manufacturer. The terms of the sales warranty are determined by their issuer and are included in the warranty terms. The terms of the sales guarantee do not depend on the terms of the sales contract. The content of the sales guarantee may be the obligation to replace, repair or otherwise ensure the conformity of the thing sold under the conditions prescribed in the guarantee. The sales guarantee may also be linked to the occurrence of certain types of defects in the product (eg a guarantee against rust damage to a part of the product).

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