{"id":7747,"date":"2020-03-25T09:00:51","date_gmt":"2020-03-25T09:00:51","guid":{"rendered":"https:\/\/lawfirm-bg.com\/?p=7747"},"modified":"2020-03-26T12:39:04","modified_gmt":"2020-03-26T12:39:04","slug":"%d0%b7%d0%b0%d0%ba%d0%be%d0%bd%d1%8a%d1%82-%d0%b7%d0%b0-%d0%be%d0%b1%d1%89%d0%b5%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%b8%d1%82%d0%b5-%d0%bf%d0%be%d1%80%d1%8a%d1%87%d0%ba%d0%b8-%d0%b8-%d0%b4%d0%be%d0%b3","status":"publish","type":"post","link":"https:\/\/lawfirm-bg.com\/en\/%d0%b7%d0%b0%d0%ba%d0%be%d0%bd%d1%8a%d1%82-%d0%b7%d0%b0-%d0%be%d0%b1%d1%89%d0%b5%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%b8%d1%82%d0%b5-%d0%bf%d0%be%d1%80%d1%8a%d1%87%d0%ba%d0%b8-%d0%b8-%d0%b4%d0%be%d0%b3\/","title":{"rendered":"Public Procurement Act and Contacts, regarding provisionof funding from the European structural and investment funds, in the state of emergency"},"content":{"rendered":"

REGARDING THE APPLICATION OF THE PUBLIC PROCUREMENT ACT<\/strong><\/p>\n

1.\tCircumstances, under which the provisions of the Public Procurement Act are not applicable for certain public procurements<\/strong>
\nThe Act on Measures and Actions in the State of emergency, declared by the virtue of a decision of the National Assembly, dated March 13th 2020, stipulates the provisions of the Public Procurement Act not to be enforceable to:<\/p>\n

a\/. purchase, made by contracting authorities, of sanitary materials, disinfection products, medicinal products and personal preventive instruments, necessary for provision of antiepidemic measures;
\nb\/. purchase of medicinal products, medicinal and laboratory appliances, necessary for diagnostics and treatment of infected patients, accessories thereto, as well as activities, regarding their implementation;
\nc\/. assigning activities regarding disposal of pesticides and biomedical waste in accordance with Regulation \u21161 for the requirements towards activities, related to collecting and treating of waste on the territory of medical and health institutions (promulgated, Official Gazette, issue 13, dated 2015; amended, issue 102, dated 2018).
\nThe Act stipulates as well a possibility by a request of a contractor under a public procurement the term for fulfillment to be renegotiated, but for a period, not longer than the term the emergency state has been declared for.<\/p>\n

2.\tRegulation with regard to the application of the electronic platform<\/strong>
\nIt is stipulated contracting authorities, for whom the obligation for application of the electronic platform has not originated before the Act on Measures and Actions in the State of emergency, declared by the virtue of a decision of the National Assembly, dated March 13th 2020, has come into force, to execute in public procurements, open up to one month after the state of emergency has been revoked, the rules for assignment, enforced until November 1st 2019, with the exception of the provisions of art.6, par.1, art.14, par.1, section 5 and 7, art.20, par.1, art.21, par.2, art.54, par.1, section 5, letter \u201ca\u2019\u201d, art. 100, par. 3 and 12, art. 107, section 5 and 6, art. 112, par. 9 and 10, art. 112\u0430 and art. 149, par. 1, section 13 of Public Procurement Act, which are enforceable as per their amendment as of January 1st 2020.<\/p>\n

NB! The provision, stipulating what has been stated hereinabove in point 2, comes into force from the day the Act on Measures and Actions in the State of emergency, declared by the virtue of a decision of the National Assembly, dated March 13th 2020, is promulgated in Official Gazette, and it is enforced until the state of emergency is revoked.<\/p>\n

REGARDING CONTRACTS FOR PROVISION OF FUNDING FROM THE EUROPEAN STRUCTURAL AND INVESTEMNT FUNDS<\/strong><\/p>\n

1.\tPowers of the managing bodies of the funding from the European structural and investment funds
\nThe Act on Measures and Actions in the State of emergency, declared by the virtue of a decision of the National Assembly, dated March 13th 2020, stipulates until the state of emergency is revoked, the managing bodies of the funding from the European structural and investment funds to have the power to<\/strong>:<\/p>\n

a\/. amend unilaterally granted financial assistance contracts in accordance with the necessity of measures under crises in the sense of art.2, section 21 of Regulation (EU, Euratom) 2018\/1046 of the European Parliament and the Council, dated July 18th 2018, for the financial rules, enforceable to the common budget of the Union, for the amendment of Regulations (EU) \u2116 1296\/2013, (EU) \u2116 1301\/2013, (EU) \u2116 1303\/2013, (EU) \u2116 1304\/2013, (EU) \u2116 1309\/2013, (EU) \u2116 1316\/2013, (EU) \u2116 223\/2014 \u0438 (EU) \u2116 283\/2014 and of Decision \u2116 541\/2014\/EU and for the abrogation of Regulation (EU, Euratom) \u2116 966\/2012 (OG, L 193\/1, dated July 30th 2018), as well as to increase the amount of the contracted granted financial assistance;
\nb\/. allot granted financial assistance under simplified rules, including without an invitation for raising proposals being published;
\nc\/. increase the common resources of the operations, exceeding those approved by the surveillance committee, with regard to the schemes, under which measures are admissible, under the circumstances of emergency situations and under the hypothesis, stated in letter \u201ca\u201d hereinabove.<\/p>\n

2.\tChanges in procedures for direct provision of granted financial assistance<\/strong>
\nThe Act on Measures and Actions in the State of emergency, declared by the virtue of a decision of the National Assembly, dated March 13th 2020, stipulates changes in some terms, such as those for elimination of irregularities, incompleteness and\/or discrepancies, the terms, applicable to non-attendance decision taking procedure, etc.
\n<\/p>","protected":false},"excerpt":{"rendered":"

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