SELECTION METHOD OF THE FORM OF PUBLIC PROCUREMENT PROCEDURE FOR COMPLEX PROCUREMENTS BY THE APPLICATION OF THE SYSTEMATIC INTERPRETATION OF REGULATIONS – CASE ANALYSIS: IGA BIH

Abstract

The Law on Public Procurement of Bosnia and Herzegovina determines the rules for public procurement procedures, while the methods for deciding on the choice of form (model) and the choice of the form of public procurement procedure are within the competence of the contracting authority conducting the procurement procedure. When choosing the model of conducting the public procurement procedure, the Law prescribed the conditions that must be met to apply the chosen model, as well as the conditions for exemption from the application of this law, but the methodology of choosing the model of the public procurement procedure is not prescribed anywhere. For the simple procurement subject, this is not a problem, however, in cases of the complex procurement subject, there are frequent cases of incorrect choice of procedure model or application or non-application of exemptions from the application of the Public Procurement Law.

The precondition for the adequate choice of the form of the procurement procedure is based on the adequate interpretation of the regulations related to the subject of the procurement. Precisely, this is the starting point of the analysis in this paper, which aim is to consider in detail and determine the key steps in choosing the form of public procurement procedure for a complex subject of procurement. In this paper, we will consider the method of choosing the form of public procurement procedure in the specific case of procurement of international financial audit services of the Export Credit Agency of Bosnia and Herzegovina - IGA. The conducted analysis shows that the application of a systematic interpretation of regulations related to the subject of procurement significantly enhances and determines the selection of the form of the public procurement procedure and represents its essential part. The importance of the conducted analysis is reflected in the mapping of clear and logically set steps in the procedure of choosing the form of the public procurement procedure, thus creating a starting point for establishing a model of selection of the public procurement procedure for complex procurement subjects, which will help and facilitate the work of all who encounter this.