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A public contract is a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as its object the execution of works, the supply of products or the provision of services. The contractual relationship therefore involves a pecuniary interest, which constitutes one of the basic elements of the public contract.

Under the Public Procurement Act (ZJN-3) or the Public Procurement in the Defence and Security Sector Act (ZJNPOV), the contracting authority, as a rule, chooses its suppliers and service providers or contractors for the execution of works in a public procurement procedure. The aim of the procedure is to choose the most advantageous supplier, service provider or contractor for the execution of works. It is based on the opening of competition and ensuring an economical, efficient and transparent use of public funds. A contracting authority carries out a public procurement procedure when it does not have the capacities to deliver the goods or services or to execute the works, i.e. when the value of the public contract exceeds the threshold for the application of the Act.

While the Ministry of Public Administration is systemically responsible for public procurement, the field of public procurement is also developed by the decisions of the National Review Commission for Reviewing Public Procurement Award Procedures (National Review Commission) which is a special, independent and autonomous state body that decides on the legality of the awarding of public contracts at all stages of the public procurement procedure.

 

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