The Croatian Parliament DECISION …

1 1 The CroatianParliament1919 Pursuant to Article 89 of the Constitution of the Republic of Croatia, Iherebyissue theDECISIONPROMULGATING THEPUBLIC procurement ACTI hereby promulgate the public procurement Act adopted by the Croatian Parliament at itssession of 15 July : 011-01/11-01/162 Number: 71-05-03/1-11-2 Zagreb, 20 July 2011 The President of theRepublic of Croatiaprof. dr. Josipovi , public procurement ACTPART 1 GENERALPROVISIONSS ubject-matter of the ActArticle 1(1) This Act regulates procedures for the award of public contracts and frameworkagreements for the procurement of supplies, works or services,legal protection in relationto those procedures and the competences of the central state administration bodycompetent for the public procurement system.

2 (2) This Act applies to the contracting authorities/entitiesreferred to in Articles 5 and 6 ofthisAct.(3) This Act applies also to other entities as stipulated in this Act.(4) The following forms part of this Act: Annex I. List of activities in construction (hereinafter: Annex I),2 Annex II. List of services II A and II B (hereinafter: Annex II Aor Annex II B), Annex III. List of military equipment (hereinafter: Annex III) Annex IV. Technical specifications (hereinafter: Annex IV), Annex V. Information to be included inpublic procurementnotices (hereinafter: Annex V), Annex VI. Featuresconcerning publication (hereinafter: Annex VI), Annex VII.

3 Requirements relating to devices for the electronic receipt of tenders, requeststoparticipate, applications for qualification and plans and projects (hereinafter: Annex VII).(5) This Act contains the provisions which comply with the following acts of the EuropeanUnion:1. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004coordinating the procurement procedures of entities operating in the water, energy,transport and postal services sectors (OJ L 134, ),2. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004on the coordination of procedures for the award of public works contracts, public supplycontracts and public service contracts (OJ L 134, ),3.

4 Directive 2005/75/EC of the European Parliament and of the Council of 16 November2005 correcting Directive 2004/18/EC on the coordination of procedures for the award ofpublic works contracts, public supply contracts and public service contracts (OJ L 323, ),4. Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX toDirective 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliamentand the Council on public procurement (OJ L 257, ),5. Directive 2007/66/EC of the European Parliament and of the Council of 11 December2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving theeffectiveness of review procedures concerning the award ofpublic contracts (OJ L 335, ),6.

5 Articles 2, 12 and 13 of Directive 2009/81/EC of the European Parliament and of theCouncil of 13 July 2009 on the coordination of procedures for the award of certain workscontracts, supply contracts and service contracts by contracting authorities or entities in thefields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L216, ).DefinitionsArticle 2 For the purposes of this Act, the terms below shall have the following Stateis a member state of the Anelectronic auctionis a manner of implementation of part of the public procurementprocedurewhich is a repetitive process involving an electronic device for the presentation of3newprices, revised downwards, and/or new values concerning certain elements of tenders,which occurs after an initial full evaluation of the tenders, enabling them to be ranked usingautomatic evaluation methods.

6 public service contracts and public works contracts havingas their subject-matter intellectual performances, such as design, may not be the object ofelectronic meansmeans using electronic equipment for the processing (including digitalcompression) and storage of data which is transmitted, conveyed and received by wire, byradio, by optical means or by other electromagnetic Aneconomic operatormeans any natural or legal person or group of such persons whichoffers on the market the execution of works and/or a work,delivery ofproducts and developmentmeans all activities comprising fundamental research,applied research and experimental development, which may include the realisation oftechnological demonstrators, that is.

7 Devices that demonstrate the performance of a newconcept or a new technology in a relevant or representative authorityis the authority referred to in Article 5 of this Common procurement Vocabulary (CPV)shall designatethe referencenomenclature applicable to publicprocurement procedure, while ensuring equivalence withthe other existing the event of varying interpretations of the scope of this Act, owing to possible differencesbetween the CPV and the nomenclature of the Statistical Classification of EconomicActivities in the European Community (NACE) listed in Annex I of this Act, or between theCPV and the United Nations Provisional Central Product Classification (CPC prov.)

8 Listed inAnnex II of this Act, the NACE or the CPC nomenclature respectively shall works concessionis a contractually regulated legal relationship within the meaningof the regulations governing concessions, and which is within the meaning of this Actregarded as a authority/entitymeans contracting authorities and contracting an economic operator willing to participate in a restricted procedure,negotiated procedure with prior publication or competitive dialogue, and who demonstratesitswillingness in a request to dialogueis a procedure in which any economic operator may request toparticipate and whereby the contracting authority conducts a dialoguewith the candidatesadmitted to that procedure, with the aim of developing one or more suitablesolutionscapable of meeting its requirements, and on the basis of which the candidates chosen areinvited to contestmeansaprocedure whichenablesthe contracting authority/entity toacquire, mainly in the fields of town and country planning, architecture and engineering ordata processing.

9 A plan or design selected by a jury after being put out to competition withor without the award of proceduremeansaprocedure in which any interested economic operatormay request to participate and whereby only those economic operators invited by thecontracting authority/entity may submit a Aframework agreementis anagreement between one or more contractingauthorities/entities and one or more economic operators, the purpose of which is toestablish the terms governing contracts to be awarded during a given period, in particularwith regard to price and, where appropriate, the quantity proceduremeansaprocedure whereby any interested economic operator maysubmit a or in writingmeans any expression consisting of words or figures which can beread, reproduced and subsequently communicated.

10 It may include information which istransmitted and stored by electronic an economic operator delivering supplies, providing services orperforming works directly related to the subject-matter of procurement forthe selectedtenderer with whom the contracting authority/entity concluded a public Atendereris an economic operator who has submitted a tender in good Aspecial or exclusive rightmeans the right granted by a competent authority by way ofany legislative, regulatory or administrative provision the effect of which is to limit theexercise of a particular activity to one or more economic operators and which substantiallyaffects the ability of other economic operators tocarry out such proceduremeansaprocedure whereby the contracting authority/entityconsult the economic operators of their choice and negotiate the terms of contract with oneor more of entityis the entity referred to in Article 6 of this equipment, sensitive works and sensitive services means equipment, worksand services for security purposes, involving.