The person examining public procurement-related appeals has
satisfied the company’s appeal, which participated in an urgent open tender. The
Human Rights Defender’s representative was involved as a party to the
complaint’s investigation.
We have informed earlier that the head of a business company,
disagreeing with the results of an urgent open tender organized for state needs, lodged a
complaint to the person examining procurement-related appeals and applied to
the Human Rights Defender’s Office for the involvement of the Defender as a
party to the investigation of the complaint.
The Defender’s representative was involved as a party to the
procurement-related appeal’s investigation to ensure the effective protection
of entrepreneurs’ rights.
Highlighting the importance of observing the principle of
certainty by state bodies during procurement processes, the Defender’s Office
has prepared and presented a
draft on amending the Government decision about
the procurement organization and appeal process to the Government.
The draft envisages to clearly state the precise point of
non-conformity in the application to the participants, when informing them about
the results of the tender during application opening session of the procurement
process.
The proposed amendments are conditioned by the
necessity of guaranteeing the freedom of
economic activity and economic competition, as well as of preventing the
disproportionate interference in the constitutional right of engaging in
entrepreneurial activities, improving the business environment, protecting interests
of small and medium-sized business.