LEGAL PROTECTION IN PUBLIC PROCUREMENT PROCEDURES ACT

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ACT ON LEGAL PROTECTION
IN PUBLIC PROCUREMENT PROCEDURES

(Official Journal of the RS, no. 43/11)

Chapter I
SCOPE OF APPLICATION OF THE ACT AND FUNDAMENTAL PRINCIPLES

Article 1
(Subject Matter of the Act)

(1) This Act applies to the following:
-    It governs legal protection of tenderers, contracting authorities and the public interest, including legal protection of defence and security interests, in procedures of awarding public contracts (hereinafter: legal protection);
-    It designates bodies responsible to protect rights pursuant to this Act.

(2) This Act also defines legal protection after a conclusion of a contract or framework contract (hereinafter: the Contract).

(3) This Act partly transposes the following into the legal order of the Republic Slovenia:
-    Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30. 12. 1989, p. 33), last modified with the European Parliament and Council Directive 2007/66/EC of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20. 12. 2007, p. 31), (hereinafter: Directive 89/665/EEC);
-    Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23. 3. 1992, p. 14), last modified with the European Parliament and Council Directive 2007/66/EC of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20. 12. 2007, p. 31), (hereinafter: Directive 92/13/EEC); and
-    European Parliament and Council Directive 2009/81/EC of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20. 8. 2009, p 76; hereinafter: Directive 2009/81/EC).

(4) Terms used in this Act have the meaning defined in the act regulating public procurement.

(5) According to this Act, a working day is deemed each day from Monday to Friday, except days designated as official holidays according to the law regulating holidays and public holidays in the Republic of Slovenia.

 Article 2
(Legal Protection Procedures)

Legal protection from infringement in public procurement procedures shall be granted in:
-    The pre-review procedure, which takes place before the contracting authority,
-    The review procedure taking place before the National Commission for Reviewing Public Procurement Award Procedures (hereinafter: National Review Commission), and
-    Judicial proceedings at the first instance which take place at the district court, which is exclusively competent according to the act regulating courts (hereinafter: the Court).

Article 3
(Parties to the Procedure)

(1) A business entity, as defined in the act regulating public procurement, which submits a review claim, or a representative of public interest according to the second paragraph of Article 6 of this Act (hereinafter: representative of public interest), may be party to the pre-review procedure.

(2) The following entities may be party to the review procedure and judicial proceedings:
-    A business entity as defined in the act regulating public procurement, when submitting a review claim, or a representative of public interest; or
-    A contracting authority or other entity that carries out or should carry out the public procurement procedure according the act regulating public procurement.

(3) The tenderer whose offer has been selected as the most feasible is entitled to attend the pre-review and review procedure and judicial proceeding (hereinafter: successful tenderer). In such cases, unless provided otherwise by this Act, the successful tenderer shall have the same rights and obligations as the parties to the procedure.

Article 4
(Exceptions and Scope of Legal Protection)

(1) Public contracts to which the act regulating public procurement does not apply or applies only in the part relating to record-keeping and statistical data notification are not subject to legal protection pursuant to this Act, unless provided otherwise in the act regulating public procurement or this Act.

(2) Services which are, pursuant to the act regulating public procurement and regulations issued on its basis, classified in the B List of Services (hereinafter: services from the B List of Services), are legally protected in the scope pursuant to the act regulating public procurement.

(3) If, when awarding a public contract, a contracting authority carries out a procedure that is stricter than required by the act regulating public procurement, all regulations of the stricter procedure shall be taken into account in the legal protection procedure.

Article 5
(Admissibility of Legal Protection in Procedures for Awarding Public Contracts)

(1) A request for legal protection in public procurement procedures may be submitted during all stages of the procedure for awarding a public contract and against each action of the contracting authority unless provided otherwise by the act regulating awarding of public contracts or by this Act.

(2) When the contracting authority concludes a contract without carrying out a public procurement procedure, although it should have pursuant to the act regulating public procurement, legal protection is granted in pre-review and review procedure and in judicial proceedings.

(3) When an individual contract is awarded under a framework contract concluded with a number of tenderers which fails to define all contractual obligations, or under the dynamic purchasing system, and the value of the individual contract equals or exceeds the threshold above which it is necessary to submit the public contract to the Publications Office of the European Union for publication, legal protection shall be granted in the pre-review and review procedure and judicial proceedings. In other cases of individual contracts awarded by virtue of the framework contract, legal protection shall be granted in judicial proceedings according to the act regulating contractual obligations.

(4) In the event that the contracting authority, after deciding to award the public contract, withdraws from the public contract, damages may be claimed in judicial proceedings.

 Article 6
(Legal Protection of Public Interest)

(1) Legal protection of public interest may be exercised by representatives of the public interest referred to in the second paragraph of this Article, and under conditions defined herein.

(2) The following representatives of public interest may demand legal protection in a public contract award procedure:
-    The ministry of finance,
-    The Court of Auditors of the Republic of Slovenia,
-    The body responsible for the protection of competition, and
-    The body responsible for the prevention of corruption.

(3) The request for legal protection of public interest may be submitted in the pre-review procedure at any stage of the public contract award procedure, but no later than when the final decision on the awarding of the public contract is issued. When the pre-review procedure is completed, the body referred to in the previous paragraph may exercise legal protection in the review procedure.

(4) The request for legal protection of public interest in judicial proceedings may be submitted pursuant to Article 42 of this Act.

Article 7
(Fundamental Principles)

Legal protection in public procurement procedures is based on the principles of legality, rapidity and efficiency, accessibility, publicity and adversity.

Article 8
(Principle of Legality)

During the whole duration of the procedure, participants in the public protection procedure shall act according to regulations in force when the procedure for awarding a public contract began. The public contract award procedure is deemed to have begun when the decision to initiate the procedure is adopted. If the contracting authority did not adopt the decision to initiate the procedure, it is deemed that the public contract award procedure began with publication of the call for public tender, and in case where the contract notice must be published on the Public Procurement Portal, when this notice is sent for publication.

Article 9
(Principle of Rapidity and Efficiency)

The National Review Commission, contracting authority, claimant, representative of public interest, successful tenderer and other participants in the legal protection procedure shall endeavour to conduct the procedure rapidly, yet by correctly establishing the actual state of affairs and by ensuring a lawful decision is issued.

 Article 10
(Principle of Accessibility)

Legal protection aiming to protect interests granted with regulations governing public procurement and with other regulations, aimed at strengthening public trust in the work of the state and its bodies, shall be accessible under the same conditions to each entity interested in the awarding of a contract.

Article 11
(Adversarial Principle)

In the pre-review and review procedure and judicial proceedings the contracting authority, claimant, representative of public interest and the successful tenderer shall be, according to the conditions of this Act, entitled to express their opinions on the opposite party's statements.

Article 12
(Principle of Publicity)

After the decision regarding a review request, appeal or request for establishing nullity of a contract has been adopted, all decisions and documents in the pre-review and review procedure and judicial proceedings, shall be public, with the exception of personal data, classified parts pursuant to the act regulating classified information, and parts designated as professional secrecy pursuant to the companies act.

 Article 13
(Reasonable and Subsidiary Use of the Litigious and Administrative Procedures)

(1) In the pre-review and review procedure and an appeal the act regulating litigious procedure shall be used regarding issues which are not regulated by this Act.

(2) The act regulating the litigious procedure shall be used in judicial proceedings regarding issues not regulated by this Act.

(3) In the pre-review procedure the act regulating the administrative procedure shall be used regarding the serving of the contracting authority's decision to reject the review claim and its decision according to the first paragraph of Article 28 of this Act. Other documents of the contracting authority shall be served by registered mail with return receipt or via electronic means insofar as the claimant disposes with an information system to receive electronic submissions according to the act regulating electronic transactions and electronic signature. In such a case the review claim shall be signed with a secure e-signature, and verified with a qualified certificate.

Chapter II
COMMON PROVISIONS TO THE PRE-REVIEW AND REVIEW PROCEDURE

Article 14
(Capacity to initiate proceedings in the pre-review and review procedure)
(1) The following persons shall be entitled to initiate proceedings:
-    Each person having or having had interest in being awarded a public contract, concluding a framework contract or being included in the dynamic purchasing system or a system of establishing capability, and who suffer or could suffer damages due to the alleged infringement,
-    The representative of public interest.

(2) It is deemed that interest in being awarded a public contract is demonstrated by a person who submitted their tender in due time, and if the time limit for submitting tenders has not expired yet, any person capable of performing the activity necessary to carry out the object of public procurement. In case the negotiated procedure with or without prior publication of a contract notice is carried out in accordance with the provisions of the act regulating public procurement, due to the previous procedure being unsuccessful, the tenderer who in the previous unsuccessful procedure submitted its tender in due time without being invited to tender, but according to the act regulating public procurement should have been invited, shall be deemed to demonstrate an interest in being awarded the public contract.

(3) When a joint tender was submitted in a public contract award procedure, a review claim may be submitted by each of the persons submitting the joint tender. The person who submitted a joint tender together with other persons, shall be deemed the claimant of a review claim, regardless of whether such person submitted a review claim on its own or together with other persons with whom a joint tender was submitted.

Article 15
(Obligatory elements of the review claim)

(1) The review claim shall contain:
1.    Name and address of the claimant (hereinafter: the claimant) and its contact person,
2.    Name of the contracting authority,
3.    Designation of the public contract or decision awarding the public contract or recognising capability,
4.    Object of the public contract,
5.    Alleged infringements,
6.    Facts and evidence proving the infringements,
7.    Power to represent in pre-review and review procedure if the claimant acts with an authorised representative,
8.    Indication whether in the specific public procurement procedure is co-financed by European means and if so, by which fund.

(2) The claimant shall submit with the review claim proof of paying the fee according to the first and second paragraphs of Article 7 of this Act.

Article 16
(Restriction of Review Claims for the Same Infringement)

(1) If during a public contract award procedure the claimant has already submitted a review claim and the decision thereon has been adopted or the claim withdrawn, in potential subsequent requests relating to the same public contract award procedure the claimant may not allege the same infringements or other infringements pertaining to the same stage of the public contract award procedure, which were or should have been known to him upon submission of the first request, unless the contracting authority failed to comply with the decision of the National Review Commission or the same infringement is repeated.

(2) The pre-review and review procedure shall not apply to acts referring to the same or a repeated public contract award procedure and about which the contracting authority or the National Review Commission made a final decision that there was no infringement.

Article 17
(Consequences of the Submitted Review Claim)

(1) Regardless of the submitted review claim, the contracting authority may continue the public contract award procedure, but it may not conclude the contract, stop the public procurement procedure, reject all tenders or start a new public procurement procedure for the same procurement object unless:
-    Due to the submitted review claim, the contracting authority cannot award, in due time, public contract which should necessarily be carried out during the period of legal protection procedure pursuant to the Chapters III and IV of this Act, provided that the contract is awarded only for the period until the conclusion of the contract based on the already initiated public procurement procedure and conditions of the act regulating public procurement are met; or
-    Due to the submitted review claim, the contracting authority cannot award, in due time, the public contract which should urgently be carried out during the period of legal protection procedure pursuant to Chapters III and IV of this Act, provided that the National Review Commission issues a decision pursuant to the fourth indent of the first paragraph of Article 20 of this Act, or
-    The review claim is submitted in the individual contract award procedure on the grounds of the framework contract or in the dynamic purchasing system.


(2) When receiving a review claim, the contracting authority may adopt a decision that the public contract award procedure is withheld until the decision of the National Review Commission. In such case all tenderers who submitted a tender in the public procurement procedure shall be notified of the decision no later than within three working days.

Article 18
(Withdrawal of Review Claim)

(1) During the pre-review and review procedure, the claimant may withdraw the review claim in writing at any time.

(2) Within three working days of receipt of written withdrawal of the review claim (hereinafter: claim withdrawal) the contracting authority shall issue the decision to stop the pre-review procedure unless a decision according to the third and fourth paragraphs of Article 26 or the first paragraph of Article 28 of this Act is adopted. If the contracting authority had rejected the review claim, the claim withdrawal shall be referred to the National Review Commission within three working days following its receipt. If the contracting authority had rejected or granted the review claim, the claim withdrawal is deemed null and void.

(3) The National Review Commission shall adopt a decision to stop the review procedure within three working days of the receipt of the claim withdrawal, unless a decision according to the third and fourth paragraphs of Article 31or the first paragraph of Article 39 of this Act has been adopted. If the National Review Commission has already decided the review claim, the claim withdrawal is deemed null and void.

(4) The contracting authority forwards its decision to stop the pre-review procedure to the claimant, the successful tenderer and to tenderers who, in the public procurement procedure, submitted their tenders in due time. The National Review Commission forwards its decision to stop the review procedure to the contracting authority, the claimant, the successful tenderer and to tenderers who, in public procurement procedure, submitted their tenders in due time.

(5) The decision of the contracting authority to stop the pre-review procedure and a decision of the National Review Commission to stop the review procedure are final.

Article 19
(Suspension of the Public Procurement Procedure)

(1) When submitting a review claim, the claimant may forward its proposal to suspend the public contract award procedure to the contracting authority. The ministry of finance may at any time send its proposal to suspend the public contract award procedure to the contracting authority.

(2) Within three working days following receipt of the proposal referred to in the previous paragraph, the contracting authority shall:
-    Suspend further activities in the public contract award procedure with a decision; all tenderers who submitted their tender in the public contract award procedure are immediately notified, as well as the ministry if the proposal referred to in the first paragraph of this Article was submitted by the ministry of finance, or
-    Forward the proposal to adopt a decision on suspension of the public contract award procedure to the National Review Commission; an opinion concerning the suspension of the public contract award procedure may be added.

(3) The National Review Commission shall decide the proposal referred to in the first paragraph of this Article within five working days following receipt.

(4) If, after examination of all important circumstances of the case, the National Review Commission establishes that continuing the public contract award procedure would significantly influence the efficiency of legal protection, it shall adopt, based on the proposal referred to in the first paragraph of this Article or its own initiative, a decision to stop further activities in the public contract award procedure.

(5) By way of decision to suspend the public contract award procedure, all further activities in the public contract award procedure are suspended until the final decision is adopted regarding the review claim by the contracting authority or the National Review Commission. When the proposal referred to in the first paragraph of this Article is given by the ministry of finance, the National Review Commission shall suspend, regardless of whether a review claim has been submitted in the public contract award procedure or not, further activities in the public contract award procedure until the ministry of finance is acquainted with the actual situation according to Article 57 of this Act.

(6) If the National Review Commission decides to suspend the public procurement procedure, the contracting authority shall, within three working days of receipt of the National Review Commission's decision, notify thereof all tenderers participating in the public contract award procedure and also the ministry if the proposal from the first paragraph of this Article was submitted by the ministry of finance.

Article 20
(Contracting Authority's Proposal to Conclude a Contract or to Stop a Public Procurement Procedure, to Reject All Tenders or to Initiate a New Public Procurement Procedure)

(1) After receipt of a review claim or any time during the pre-review or review procedure the contracting authority shall address, to the National Review Commission, a proposal to adopt a decision to allow, despite the submitted review claim:
-    Conclusion of the contract, or
-    Stopping of the public procurement procedure, or
-    Rejection of all tenders, or
-    Initiation of a new public procurement procedure for the same procurement object.

(2) Simultaneously, the contracting authority forwards the proposal referred to in the previous paragraph to the claimant who may state, within three working days of receipt of the proposal, its opinion thereon to the National Review Commission.

(3) The National Review Commission shall decide the proposal referred to in the first paragraph of this Article within five working days of expiry of the period when the contracting authority may give its opinion regarding the proposal referred to in the first paragraph of this Article.

(4) The National Review Commission shall comply with the contracting authority's proposal referred to in the first paragraph of this Article if it establishes, after examining all relevant circumstances of the case and taking into account the relation between harmful consequences of complying with the proposal and benefits for public interest and benefits to persons who could have incurred damage, that there are prevailing reasons relating to the public interest, including defence and security interests, which require its consent to the proposal. Solely economic interests cannot be deemed compelling reasons, relating to the public interest. Compelling reasons, relating to defence and security interests shall be deemed those connected with the implementation of a defence and security programme, a part of which is the public contract. The National Review Commission shall rejects the proposal referred to in the fourth indent of the first paragraph of this Article if implementation of the contract is not necessary or reasons of urgency can be attributed to the contracting authority's acting and could have been foreseen.

(5) When the National Review Commission complies with the proposal referred to in the first paragraph of this Article, except the proposal referred to in the second indent of the first paragraph of this Article, the contracting authority shall, within three working days of receiving the National Review Commission's decision, notify thereof all tenderers who submitted their tender in the public procurement procedure.

 Article 21
(Abuse of the Right to Legal Protection)

(1) The contracting authority and the National Review Commission shall endeavour to carry out the pre-review and review procedure without delay and with minimum possible costs, and to prevent any abuse of procedural rights of persons referred to in Article 3 of this Act.

(2) If persons referred to in Article 3 of this Act or their legal and authorised representatives abuse their rights pursuant to this Act with an intention to harm others or contrary to good practice, diligence and honesty, the National Review Commission shall impose a penalty of up to EUR 1,300.

 Article 22
(Legal Instructions)

In their requests to supplement a review claim and requests to deliver opinions and decisions, adopted in pre-review, review and appeal procedures, the contracting authority and the National Review Commission shall draw the claimant's and the successful tenderer's attention to legal remedies available, their dates of expiry and methods of their exercising.

Article 23
(Return of Documentation on the Public Contract Award procedure and Pre-Review Procedure)

The National Review Commission shall return to the contracting authority, no later than three working days after adopting its decision on the review claim or appeal, all documentation referring to the public contract award procedure and all documentation referring to the pre-review procedure. The documents shall be returned as originals, complete, arranged in chronological order and accompanied with a list of documents referring to the case.

Chapter III
PRE-REVIEW PROCEDURE

Article 24
(Submission of Review Claim)

(1) The review claim shall be submitted directly to the contracting authority, by registered mail or by registered mail with return receipt or by electronic means. A review claim may be submitted by electronic means if the contracting authority disposes with an information system that allows it to receive electronic applications according to the act regulating electronic transactions and electronic signature. In such case the review claim shall be signed with a secure e-signature, verified with a qualified certificate.

(2) Simultaneously, the claimant shall send a copy of the review claim to the ministry of finance.

(3) The contracting authority shall, within three working days following receipt of the claim, notify tenderers who submitted their tender in the public contract award procedure of the claim.

Article 25
(Time Limits of Submitting a Review Claim)

(1) A review claim referring to the contents of the call, the invitation to submit tenders or the tender documentation shall be filed, except in case referred to in the fourth paragraph of this Article, within eight working days from the day of:
-    The call for tenders, or
-    The notice of supplementary information, information on pending procedure or correction if this is a notice to amend or supplement requirements or criteria of selecting the most advantageous tenderer from the tender documentation or previously published contract notice, or
-    Receipt of call for tenders.

(2) The review claim referred to in the previous paragraph may not be filed after the time limit to receive tenders has expired, except in awarding low-value contract and service contract from the B List of Services, when a review claim referring to the contents of the call, the invitation to submit tenders or the tender documentation may be filed no later than five working days after expiry of the time limit to receive tenders.

(3) When the contracting authority sets a time limit to receive tenders of less than ten working days, the previous paragraph shall be used regardless of the type of public contract award procedure, and time limits to file a review claim referring to the contents of the call, the invitation to submit tenders or the tender documentation.

(4) After expiry of the time limit for submitting tenders, the claimant may not allege infringements that were or should have been known to him prior to expiry, unless so permitted by this Act and in cases when it is proved that the alleged infringement could not have been objectively detected before expiry of the time limit.

(5) Following the decision to award a public contract or recognition of capability, the time limit to file a review claim shall be eight working days following receipt of the decision.

(6) If, in the procedure for awarding a low-value contract, a review claim refers to the decision of a public contract award or recognition of capability, the time limit to file a review claim shall be five working days following receipt of the decision.

(7) If a tenderer, who in a negotiated procedure with or without prior publication of contract notice, which the contracting authority in accordance with the act regulating public procurement, carries out on the grounds of previous unsuccessful public contract award procedure in which a contract notice was not published, is not invited to participate in this procedure, but should have been invited according to the act regulating public procurement, the tenderer may submit a review claim referring to the invitation to submit a tender, the tender documentation or the decision on awarding the public contract within eight working days of publication of the notice ensuring prior transparency on the Public Procurement Portal. If this notice was not published, the tenderer may submit a review claim within eight working days of publication of the contract award notice on the Public Procurement Portal. If the contracting authority published neither a notice to ensure prior transparency nor a contract award notice, the tenderer may submit a review claim no later than six months after contract performance began.

(8) If the contracting authority failed to publish the contract notice, although it should have been according to the act regulating public procurement, a review claim referring to the invitation to submit a tender, the tender documentation or the decision on public contract award, may be submitted by the tenderer within eight working days of the date when he became or should have become aware of the infringement, but no later than within eight working days of publication of the contract award notice on the Public Procurement Portal. If no notice was published, the tenderer may submit a review claim within six months after contract performance began.

(9) Regardless of the provisions of paragraphs one to eight of this Article, a representative of public interest may submit a review claim within eight working days of the date when he became or should have become aware of the infringement, but no later than 12 months after performance of the contract or individual contract, awarded under the framework contract or in the dynamic purchasing system, began.

Article 26
(Preliminary Examination of a Review Claim in the Pre-Review Procedure)

(1) Upon receipt of a review claim, the contracting authority shall verify the following:
-    That the claim was submitted in due time;
-    That it contains all obligatory elements referred to in Article 15 of this Act;
-    That it was submitted by a person capable to initiate proceedings referred to in Article 14 of this Act.

(2) If the review claim fulfils the conditions referred to in the previous paragraph, the contracting authority shall accept it for consideration. The contracting authority shall also accept the review claim for consideration if it does not contain obligatory elements referred to in points 3, 4 and 8 of the first paragraph of Article 15 of this Act, provided that these obligatory elements are evident in the contents of the documentation referring to the public contract award procedure.

(3) If the contracting authority establishes that the review claim was not submitted in due time or by a person capable to initiate proceedings referred to in Article 14 of this Act, that the claimant, according to the second paragraph of Article 15 of this Act, did not submit a fee receipt referred to in the first indent of the first paragraph of Article 70 of this Act and that the corresponding charge was not paid, the claim is rejected by way of a decision no later than three working days of its receipt.

(4) If the contracting authority establishes that the review claim does not contain all obligatory elements referred to in the first paragraph of Article 15 of this Act and the missing elements are not evident in the contents of the public contract award procedure documentation, the claimant is immediately, but no later than within three working days following receipt of the review claim, summoned to supplement it within three working days of receipt of the notice. In the notice, the contracting authority shall identify the parts where the claim should be supplemented and warn the claimant of the legal consequences of untimely or inappropriate supplementation. If, in due time, the claimant fails to supplement the review claim or fails to do so properly, the contracting authority shall reject the review claim with a decision within three working days of expiry of the time limit for supplementation. If the claimant supplements the review claim properly and in due time, the contracting authority accepts it for consideration.

(5) The claimant may file a complaint against the decision on rejecting the review claim according to Chapter VI of this Act. If the claimant abstains from filing a complaint against rejection of the review claim, the contracting authority shall send, within three working days of expiry of the time limit for submitting a complaint, a notice on rejection of the review claim to tenderers who, in the public procurement procedure, submitted their tenders in due time.

(6) The contracting authority's decision to reject the review claim shall become final on the date when it is no longer possible to file a complaint against it or to conduct the procedure after the complaint has been filed.

Article 27
(Opinion Delivered by the Successful Tenderer)

(1) When the review claim is filed against a decision to award the public contract, the contracting authority shall forward a copy of the claim to the successful tenderer no later than three working days after its receipt.

(2) The successful tenderer may deliver its opinion on the claimant's statements within three working days following receipt of the review claim.

Article 28
(Contracting Authority's Deciding on the Review Claim and Time Limits to Adopt a Decision)

(1) The contracting authority:
-    Shall reject the review claim as unfounded if it is established that even if the statements in the claim were taken into account, a different decision would not be adopted in the public contract award procedure;
-    Shall consent to the review claim and partly or fully revoke the public procurement decision or remedy the infringement.

(2) The contracting authority shall, when adopting a decision, carry out all actions necessary to establish certain facts and to judge statements in the review claim, particularly those which should have been carried out in the public contract award procedure but were not, and take into account statements of the claimant, the representative of the public interest and the successful tenderer, and take and ground a standpoint thereof.

(3) When a review claim refers to the contents of the call, the invitation to submit tenders or the tender documentation, the contracting authority shall adopt a decision referred to in the first paragraph of this Article and send it to the claimant within eight working days of receipt of the complete review claim. If the review claim refers to a decision awarding a public contract or recognizing capability, the contracting authority shall adopt the decision referred to in the first paragraph of this Article within eight working days of expiry of the time limit for the successful tenderer to deliver its opinion. The decision on the review claim shall be forwarded to the successful tenderer and, if the review claim was consented to, to tenderers who, in the public procurement procedure, submitted their tenders in due time.

(4) If the claimant, in twenty working days of the contracting authority receiving a complete review claim, does not receive the contracting authority's decision referred to in the first paragraph of this Article or a decision referred to in the third or fourth paragraph of Article 26 of this Act (hereinafter: silence of the contracting authority), then the review procedure may be initiated before the National Review Commission. In such case the claimant shall no later than twenty-five working days after the date of the contracting authority's receipt of the complete review claim, submit a proposal to initiate a review procedure with the contracting authority and send copies of the proposal to the National Review Commission and the ministry of finance. In its proposal, the claimant shall refer to the contracting authorityâ??s silence in the pre-review procedure.

(5) The pre-review procedure is deemed completed when the contracting authority adopts a decision referred to in the first paragraph of this Article, the second paragraph of Article 18, or the third or fourth paragraph of Article 26 of this Act. In case of silence of the contracting authority the pre-review procedure is deemed completed upon expiry of the time limit referred to in the second sentence of the previous paragraph.

(6) The contracting authorityâ??s decision referred to in the second indent of the first paragraph of this Article is final.
 Article 29
(Continuation of Legal Protection after the Pre-Review Procedure)

(1) When the contracting authority rejects a review claim, all documentation on the public contract award procedure and all documentation on the pre-review procedure shall be sent to the National Review Commission for further consideration no later than three working days after adoption of the decision referred to in the first paragraph of the previous Article.

(2) When the contracting authority consents to the review claim and only partly revokes the public procurement procedure, the claimant may, within three working days of receipt of the contracting authority's decision on the review claim, submit a proposal to the contracting authority to initiate the review procedure. The contracting authority shall, within the time limit referred to in the previous paragraph, send all documentation on the public contract award procedure and all documentation on the pre-review procedure to the National Review Commission.

(3) The contracting authority shall, within the time limit referred to in the first paragraph of this Article, also send all documentation on the public contract award procedure and all documentation on the pre-review procedure to the National Review Commission when in case of its silence it receives a proposal to initiate a review procedure referred to in the fourth paragraph of the previous Article and the decision regarding the review claim has not yet been sent to the claimant.

(4) The documentation referred to in the first and second paragraphs of this Article shall be forwarded in original; complete, in chronological order and accompanied with a list of documents referring to the case, otherwise the National Review Commission shall request it to be supplemented within three working days of its receipt. The contracting authority shall supplement the documentation within three working days after receipt of the National Review Commission's notice.

(5) The claimant may take a stand, within three working days of receipt of the decision referred to in the first or second indent of the first paragraph of Article 28 of this Act, but may not quote new infringements, facts and propose new evidence, unless proving that inability to refer to it or to submit it in a pre-review procedure was not his own fault. The claimant shall send the standpoint from this paragraph to the National Review Commission and the contracting authority.

Chapter IV
REVIEW PROCEDURE

Article 30
(Initiation of a Review Procedure)

The review procedure begins when the National Review Commission receives a review claim from the contracting authority, based on the first, second and third paragraphs of the previous Article. If the claimant does not agree with the beginning of the review procedure, a proposal to withdraw the claim is sent to the National Review Commission.

Article 31
(Preliminary Examination of the Review Claim in the Review Procedure)

(1) Upon receipt of a review claim, the National Review Commission verifies whether:
-    The review claim was submitted in due time and to the contracting authority;
-    It contains all obligatory elements referred to in Article 15 of this Act;
-    It was submitted by a person capable to initiate proceedings referred to in Article 14 of this Act.

(2) If the review claim fulfils the conditions referred to in the previous paragraph, the National Review Commission shall accept it for consideration. The National Review Commission shall also accept the review claim for consideration if it does not contain obligatory elements referred to in Article 15 of this Act, provided that the obligatory elements are evident in the contents of the documentation on the public contract award procedure.

(3) If the National Review Commission establishes that the review claim was not submitted in due time and by a person capable of bringing proceedings referred to in Article 14 of this Act, that all obligatory elements referred to in Article 15 of this Act are not evident or present in the review despite the fact that the contracting authority summoned the claimant to properly supplement it, the review claim shall be rejected by decision within three working days of receipt.

(4) If the review claim does not contain all obligatory elements referred to in the first paragraph of Article 15 of this Act, the missing elements are not evident in the claim and the contracting authority did not summon the claimant to supplement or the notice was not proper, the National Review Commission shall immediately and no later than within three working days of receipt of the review claim summon the claimant to supplement the review claim properly and within three working days. In the notice, the National Review Commission shall clearly indicate the part where the claim should be supplemented and warn the claimant of the legal consequences of untimely or inappropriate supplementation. If, in due time, the claimant fails to supplement the review claim or fails to do it properly, the National Review Commission rejects the review claim with a decision within three working days after expiry of the time limit for supplementation. If the claimant supplements the review claim properly and in due time, the National Review Commission accepts it for consideration.

(5) If the claimant cannot state or propose facts and evidence referred to in point 6 of the first paragraph of Article 15, due to his allegations that the contracting authority denied his right to access documentation as defined by the act regulating public procurement, the claimant shall quote, in the review claim, facts and evidence related to the stated denied right of access to documentation. If in such case the National Review Commission establishes that the contracting authority denied the claimant the right to access documentation, it shall, taking into account the act regulating public procurement, allow the claimant to access documentation and to supplement or amend the review claim, within five working days of access, with new infringements, facts and evidence, obtained from access to documentation. The claimant shall inform the National Review Commission and the contracting authority of its supplementing or amending the review claim. The latter may deliver its opinion thereof within three working days after receipt of the claimant's supplement or amendment of the review claim.

(6) The National Review Commission's decision to reject the review claim shall be final.

Article 32
(Collecting Pleadings)

(1) In the review procedure, the National Review Commission shall produce all evidence which is deemed capable of contributing to a lawful and correct decision regarding the review claim. In the procedure it is not limited only to evidence proposed by the claimant, the successful tenderer and the contracting authority. Everything suitable to establish the actual state in the case may be used as evidence.

(2) The National Review Commission may also establish facts not alleged by the claimant, the successful tenderer or the contracting authority if this is deemed necessary for a lawful decision regarding the review claim.

(3) Before the National Review Commission adopts a decision referred to in the first paragraph of Article 39 of this Act, the contracting authority, the claimant and the successful tenderer shall have the opportunity to voice their opinions about evidence, facts and allegations obtained by the National Review Commission. This right shall be restricted in cases where the contracting authority, claimant or successful tenderer may have had wrongful access to information protected by law.

Article 33
(Duty to Forward Clarifications, Opinions, Data and Other Documentation)

(1) The contracting authority, claimant, successful tenderer and other parties to the public contract award procedure shall forward additional clarifications and documentation to the National Review Commission at its request, and enable it to become acquainted with the actual conditions related to the public contract award procedure.

(2) Persons of public and private law possessing information necessary for the National Review Commission to adopt a decision shall, following its reasoned written request, forward to it information and opinions necessary to perform its tasks, regardless of the act regulating classified information, the act regulating protection of personal data and the act regulating professional secrecy. Persons of public law shall, taking into account provisions of the act regulating the litigious procedure, forward information referred to in this paragraph to the National Review Commission free of charge.

Article 34
(Establishing Facts)

The National Review Commission may, within the review procedure, convene a clarification meeting, obtain an expert or consultant's opinion and carry out other actions necessary to establish certain facts.

Article 35
(Clarification Meeting)

(1) Following the proposal of the claimant, the contracting authority or at its own initiative, the National Review Commission may convene a clarification meeting in order to obtain more accurate explanations regarding the actual circumstances on which the decision in the review procedure depends. The contracting authority, the claimant, the successful tenderer, independent experts and consultants may be invited to the meeting. The participants may deliver their opinions on the actual state of affairs and evidence. At the meeting, the contracting authority and the claimant may not allege new facts, infringements and present new evidence unless they objectively prove that they could not have presented them before the meeting.

(2) If the proposal referred to in the previous paragraph is submitted by the claimant or the contracting authority, the following has to be precisely defined: issues to be clarified at the meeting, and reasons why they are of the opinion that the specific issue cannot be clarified by way of public procurement documentation, pre-review or review procedures.

(3) If the National Review Commission views that the actual situation can be correctly and completely established on the grounds of documentation from the public procurement, pre-review or review procedures, the proposal referred to in the first paragraph of this Article shall be rejected.

(4) Minutes are taken of the clarification meeting.

Article 36
(Expert Opinion, Independent Experts and Consultants)

(1) If, as part of the review procedure, expert knowledge is needed to establish or judge any fact in the public procurement award procedure and the National Review Commission does not have this knowledge, it may order, based on the contracting authority's, claimant's or its own initiative, that an expert opinion should be obtained or engage independent experts or consultants in the review procedure.

(2) When obtaining an expert opinion or engagement of experts or consultants is proposed by the contracting authority or the claimant, they have to make an advance payment. When the National Review Commission orders an expert opinion or engages experts or consultants at its own initiative, half of the advance shall be borne by the contracting authority and half on the claimant.

(3) If the National Review Commission orders an expert opinion to be obtained or engages independent experts or consultants, but the contracting authority and the claimant fail to pay the advance, the National Review Commission may:
-    Opt to disregard the proposed evidence, or
-    Produce the proposed evidence and make an advance payment if this is deemed necessary for a correct and lawful decision regarding the review claim.

 Article 37
(Time Limit to Adopt a Decision)

(1) When the National Review Commission accepts the review claim for consideration, it shall decide thereof and issue a decision no later than within fifteen working days of receipt of the complete claim and whole documentation. In justified cases, the National Review Commission may prolong the time limit by no more than fifteen working days, and shall inform thereof the contracting authority, the claimant and the successful tenderer prior to expiry of the time limit.

(2) The National Review Commission shall send the decision referred to in the previous paragraph to the contracting authority, the claimant and the ministry of finance. The decision shall also be sent to the successful tenderer if the review claim has been submitted after the contracting authority's decision on awarding the public contract. The National Review Commission shall publish its decisions on the World Wide Web.

Article 38
(Limits of Deciding)

(1) The National Review Commission shall decide within the limits of the review claim regarding all alleged infringements in the public contract award procedure.

(2) If the review claim refers to the contents of the call, the invitation to submit tenders or the tender documentation, the National Review Commission may decide also beyond the limits of the claim if the contracting authority continued the public contract award procedure, within which the review claim was submitted and a decision to award a contract or to exclude a tenderer adopted.

Article 39
(The National Review Commissionâ??s Decision on the Review Claim)

(1) The National Review Commission shall:
-    Reject the review claim as unfounded if it establishes that, taking into account allegations in the review claim, the contracting authority would not adopt a different decision or that there is no change in the order of tenders, when, in the public contract award procedure, the contracting authority verified completeness of all tenders which arrived in due time, and the successive order of complete tenders,
-    Partly or fully consent to the review claim and partly or fully revoke the public procurement procedure or order the contracting authority to remedy the infringement.

(2) Notwithstanding the first paragraph of the previous Article, the National Review Commission shall fully revoke a public contract award procedure if the contract has not yet been concluded and:
1.    The contracting authority, although the conditions were not fulfilled, carried out:
-    A negotiated procedure with a prior publication due to the previous unsuccessful public contract award procedure and failed to publish a contract notice, or
-    A negotiated procedure without a prior publication;
2.    If the contracting authority fails to publish a contract notice when required to do so by the act regulating public procurement;
3.    In case of other serious infringements of the act regulating public procurement or this Act.

(3) When adopting a decision, the National Review Commission shall take into account allegations of the claimant, the representative of public interest, the contracting authority and the successful tenderer and, taking into account the previous Article, take a stand. In the decision it shall state its reasons and give instructions to the contracting authority for correct performance of the revoked part of the procedure.

(4) The National Review Commissionâ??s decision shall be final.

Article 40
(Ensuring Protection of the Public Interest)

(1) When the National Review Commission adopts a decision referred to in the first or second indent of the first paragraph of the previous Article and, based on the relevant review claim and public contract award procedure documentation, suspects that serious infringements were committed during the public contract award procedure, it shall inform thereof representatives of public interest within three working days of adoption of that decision and ex officio initiate the administrative procedure referred to in this act or the act regulating public procurement.


(2) The representative of public interest may, based on the notice referred to in the previous paragraph, submit a request for legal protection of the public interest in the public contract award procedure if conditions thereof are fulfilled, or implement other measures it is competent for.



Article 41
(Response Reports on the Remedy of Infringements in the Public Procurement Procedure)

(1) When the National Review Commission adopts the decision referred to in the second indent of the first paragraph of Article 39 of this Act and it refers to the public contract award procedure which demands, taking into account the act regulating public procurement, that notices are published in the Official Journal of the European Union, the Commission shall request, when the decision is adopted, the contracting authority to submit a response report on performance of the public contract award procedure in which the review claim was filed, or on a repeated public contract award procedure. The National Review Commission may request the contracting authority to submit, together with the response report, documentation on public contract award procedure or performance of the object of public procurement.

(2) The National Review Commission may, when a decision on the review claim is adopted or within six months following adoption of this decision, order the contracting authority to submit a response report and documentation referred to in the previous paragraph also regarding other public procurement procedures.

(3) The response report on the performance of the public procurement procedure shall contain the following:
-    Reference to the public contract for which the review procedure was carried out,
-    Reference to the National Review Commissionâ??s decision,
-    Description of irregularities established by the National Review Commission,
-    Description of the National Review Commissionâ??s instructions, if given,
-    Description of the method to remedy irregularities.

(4) The contracting authority shall submit the response report within the time limit determined by the National Review Commission, which shall be no less than one month and no more than three months following receipt of the National Review Commission' decision on the review claim. If the National Review Commission establishes that the response report does not reveal that irregularities were removed or its instructions respected or the contracting authority fails to submit the response report, infringement proceedings shall be initiated ex officio.


Chapter V
LEGAL PROTECTION

Article 42
(Contract Nullification Proceedings)

In accordance with the conditions of this act, nullification of the contract or individual contract awarded by the contracting authority on the basis of a framework contract or in the dynamic purchasing system (hereinafter: individual contract) may be exercised by a person with legal interest and the representative of public interest. A person who has or had an interest to be awarded a public or individual contract and who incurred or could have incurred damages due to the alleged infringement shall be deemed to have legal interest. Nullity of the contract or individual contract may be exercised by a representative of public interest if the contracting party is not the Republic of Slovenia, its body or administrative organisation within a structure which is a legal person. In such a case, nullity of a contract or individual contract is exercised by the Republic of Slovenia, represented by the Office of the Attorney-General of the Republic of Slovenia.

Article 43
(Temporary Suspension and Temporary Decree)

(1) The plaintiff may propose to suspend performance of the contract or individual contract by issuing a temporary decree or to temporarily remedy the situation.

(2) At the plaintiff's request, the Court shall prohibit performance of the contract or individual contract until the final decision is issued, providing the implementation of the contract or individual contract would cause damages to the plaintiff, another stakeholder or the public interest. When deciding, the Court shall, in compliance with the principle of proportionality, take into account whether the interests of the contracting authority, the successful tenderer and public interest shall be damaged.

(3) The plaintiff may, for reasons referred to in the previous paragraph, also request a temporary decree be issued to temporarily remedy the situation regarding the disputed contract or individual contract, providing he can demonstrate that such remedy is necessary to prevent damage which is hard to repair, particularly in long-lasting contracts and individual contracts.

(4) The Court shall decide on the request to issue a temporary decree within five working days of its receipt. The Court may condition the temporary decree upon the plaintiff providing security for damages which may occur to the opposite party due to its issuing.

(5) Parties to the judicial proceedings may lodge a complaint, within three days, against the decision referred to in the previous paragraph. The complaint shall not withhold execution of the issued temporary decree. The competent court shall decide on the complaint against the decision immediately, in any case no later than within ten working days of receipt of the complaint.

(6) In the complaint procedure referred to in the previous paragraph, provisions of the act regulating the litigious procedure shall apply unless they oppose the previous paragraph.

Article 44
(Reasons for Contract Nullity)

(1) A contract shall be null and void:
1.    If it is concluded as a consequence of a criminal offence committed by the contracting authority or successful tenderer or its responsible representative;
2.    If it is concluded without a prior public contract award procedure when the contracting authority should have carried it out in accordance with the act regulating public procurement;
3.    If the contracting authority carried out the negotiated procedure without a prior publication of a contract notice when the conditions for this procedure were not fulfilled;
4.    If the contracting authority, in accordance with the act regulating public procurement, carried out the negotiated procedure with a prior publication due to previously unsuccessful public contract award procedure and during the procedure did not publish a contract notice and therefore the conditions to carry out this procedure are not fulfilled,
5.     If the contracting authority failed to publish a contract notice on the Public Procurement Portal and/or in the Official Journal of the European Union, although it should have pursuant to the act regulating public procurement,
6.    If, notwithstanding the act regulating public procurement or this Act, the contracting authority does not take account of the grace period defined by the act regulating public procurement (hereinafter: grace period) in the public contract award procedure, provided this infringement influences the tenderer's chances to be selected as the most feasible;
7.    If, after the submitted review claim, the contracting authority, contrary to the first paragraph of Article 17 of this Act and notwithstanding the fourth paragraph of Article 20 of this Act, concludes a contract with the successful tenderer despite the fact that during the public contract award procedure, the contracting authority committed an infringement which influences the tenderer's chances to be awarded the public contract;
8.    If the contract, contrary to the act regulating public procurement, essentially derogates from the draft contract in the tender documentation and the contracting authority or the successful tenderer or his responsible representative or a person related to any of them, profited therefrom. A related person is deemed any person related to the contracting authority, the successful tenderer or the tenderer's responsible person by a professional or family relation in a direct family kin line or family kin steps up to the fourth level inclusively, through marriage, even in case of divorce, in cohabitation or registered same-sex civil partnership or in case of an in-law family relationship up to the third level inclusively.

(2) An individual contract shall be null and void:
-    If the contracting authority, when awarding an individual contract based on a framework contract concluded with several tenderers and in which it opens competition among the contracting parties of the framework contract, acted contrary to the provisions of the act regulating public procurement, provided that the value of the individual contract equals or exceeds the threshold above which it is necessary to publish the public contract in the Official Journal of the European Union and the contracting authority failed to take account of the grace period;
-    If the contracting authority, when awarding an individual contract in the dynamic purchasing system, acted contrary to provisions of the act regulating public procurement regarding subsequent inclusion in the dynamic purchasing system and regarding awarding an individual contract, provided that the value of the individual contract equals or exceeds the threshold above which it is necessary to publish the public contract in the Official Journal of the European Union and the contracting authority failed to take account of the grace period.

(3) The contract or an individual contract shall be null and void also due to reasons specified in the act regulating integrity and prevention of corruption, or other regulations.

Article 45
(Maintaining Validity of the Contract)

(1) In the case referred to in points 2 to 7 of the first and second paragraphs of the previous Article, the Court may decide that the contract remains valid despite the infringements, providing it establishes the existence of compelling reasons relating to the public, defence or security interests which require the contract to remain valid. The Court shall take into account all circumstances, such as the nature and scope of the public contract, the scope of completed contract obligations, the gravity and significance of the infringements established, and other circumstances.

(2) Economic interest may also be deemed compelling reasons related to the public interest requiring the contract to remain valid, but only as an exception when the consequences of contract nullity could lead to disproportionate consequences for the functioning of the state contracting authority.

(3) An interest not to seriously endanger, due to the contract's nullity, implementation of a wider defence or security programme essential to the security interests of the Republic of Slovenia, is deemed a compelling reason related to the public interest requiring the contract to remain valid.

(4) In case of the infringement referred to in point 5 of the first paragraph of the previous Article, the Court may decide that the contract remains valid if the contracting authority:
1. Performed:
- A negotiated procedure with a prior publication due to previous unsuccessful public contract award procedure and in compliance with the act regulating public procurement, did not publish a contract notice, or
- A negotiated procedure without a prior publication under the conditions specified in the act regulating public procurement,
2. Voluntarily published a notice in view of prior transparency on the Public Procurement Portal, and
3. Took account of the grace period.

(5) The Court shall also forward decisions which, due to compelling reasons of public, defence or security interest, kept the contract valid despite infringements, to the ministry of finance, laying out the compelling reasons of public, defence or security interest. The ministry of finance shall inform the European Commission (hereinafter: Commission) of these decisions on an annual basis.

Article 46
(Consequences of Contract Nullity under this Act)

(1) When the Court establishes that a contract or an individual contract is null and void or it should be null and void pursuant to Article 44 of this Act, it shall forward its proposal to initiate an administrative offence procedure referred to in point 8 of the first paragraph of Article 78 of this Act to the National Review Commission.

(2) If a contract or individual contract is null and void and the contracting party is unable to return to the other all that was received under such contract or individual contract due to this being impossible or the nature of contract fulfilment opposes returning, the contracting authority shall fulfil its obligations according to the act regulating contractual obligations, and moreover, immediately initiate a public contract or individual contract award procedure, unless the object of the public procurement is no longer needed or the necessary resources have been disposed with.

Article 47
(Priority of Deciding)

Cases in the judicial protection procedure referred to in this Act are urgent and Court decisions thereof are accorded priority treatment.

Article 48
(Standpoint of the National Review Commission Regarding the Object of Judicial Proceedings)

The National Review Commission shall deliver its standpoint regarding the dispute to the Court at its request and in the timeframe defined thereby.

Article 49
(Remedying Damages)

(1) Liability for damages arising from nullity of the contract or infringement of public procurement rules shall be judged according to the rules of law of obligations regarding responsibility without guilt.

(2) Anybody who deems they have incurred damages due to the unlawful acts of the contracting authority in the public contract award procedure may bring action against the contracting authority demanding remedy of such damages. When the contracting authority failed to carry out the public contract award procedure although it should have pursuant to the act regulating public procurement, remedying of damages may be exercised through the complaint for establishing nullity referred to in Article 42 of this Act.


Chapter VI
 APPEAL PROCEEDINGS

Article 50
(Admissibility of Appeal in the Pre-Review Procedure)

This Chapter regulates appeals against the contracting authority's decision to reject a review claim and its decision on the pre-review procedure costs. The decision of the National Review Commission shall be final.

 Article 51
(Filing an Appeal)

(1) If this Act allows an appeal to be filed against the decision issued by the contracting authority during the pre-review procedure, the appeal shall be filed within no later than three working days of receipt of the contracting authority's decision.

(2) The appeal shall be filed directly with the contracting authority or sent by registered mail with return receipt. The appeal may also be filed in digital form, providing that the contracting authority has an information system at its disposal for receipt of digital documents, in compliance with the act regulating electronic transactions and electronic signature. In this case the appeal shall be signed with a secure e-signature, and verified with a qualified certificate.

(3) At the same time a claimant must forward a copy of its appeal to the ministry of finance.

Article 52
(Elements of an Appeal)

The appeal shall contain:
-    Name and address of the person filing the appeal (hereinafter: claimant),
-    Name of the contracting authority,
-    The designation of the public contract, the decision on awarding the public contract or the recognition of competence, or the decision on recognition of costs,
-    The object of the public procurement,
-    The designation of the decision contested by appeal,
-    The alleged infringements,
-    Facts and evidence used as proof of the alleged infringements,
-    The power to represent in the appeal procedure if the claimant acts with an authorised representative.

Article 53
(Handing Over the Documentation)

(1) The contracting authority shall hand over to the National Review Commission the appeal and all documentation relating to the public procurement procedure together with the documentation from the pre-review procedure no later than three working days of receipt of the appeal. The documentation handed over shall be in original, complete, arranged in chronological order and accompanied with a list of documents relating to the case.

(2) Should the National Review Commission find that the documentation referred to in the previous paragraph is not in original, complete, arranged in chronological order, and accompanied with a list of documents relating to the case, it may, within three working days of receipt of the appeal and the documentation, request the contracting authority to complete it.

Article 54
(Preliminary Examination of the Appeal Request)

(1) After receipt of the appeal the National Review Commission shall verify:
-    The timeliness of its filing;
-    The completeness of all elements referred to in Article 52 of this Act;
-    Whether the appeal has been filed by the claimant, the successful tenderer or the contracting authority.

(2) If the National Review Commission establishes that the appeal has not been filed in due time, or was not filed by the claimant, the successful tenderer, or the contracting authority, it shall be rejected with a decision.

(3) If the National Review Commission establishes that all elements referred to in Article 52 of this Act are not included in the appeal, it shall immediately and no later than within three working days of receipt of the appeal, invite the claimant to complete its appeal within three working days of the receipt of the invitation. The National Review Commission shall clearly state in its invitation which part of the appeal has to be supplemented, and warn the claimant of the legal consequences if he fails to do so in due time. If the claimant fails to supplement its appeal in due time or the supplement is not done appropriately, the National Review Commission shall reject the appeal with a decision within three days of expiry of the time limit for completion. If the claimant appropriately supplements the appeal in due time, the National Review Commission shall accept this appeal for consideration.

Article 55
(Decisions on Appeal taken by the National Review Commission)

(1) The National Review Commission shall either reject the appeal as unfounded or accept it with a decision.

(2) If the National Review Commission consents to the appeal filed pursuant to the fifth paragraph of Article 26 of this Act, it may decide that the contracting authority is bound to take a decision on the review claim according to the first paragraph of Article 28 of this Act, or it may decide to accept the review claim for consideration.

(3) The National Review Commission shall decide on the appeal within eight working days of receipt of the complete documentation referred to in Article 53 of this Act.

(4) When the review procedure against the contracting authorityâ??s decision on the review claim begins, the National Review Commission may decide that it will adopt a decision on the appeal against the contracting authorityâ??s decision regarding costs incurred during the pre-review procedure, in the course of the review procedure.

Chapter VII
THE CORRECTIVE MECHANISM OF THE COMMISSION

Article 56
(Procedure of Corrective Mechanism)

The procedure of corrective mechanism is a special procedure determined by Directives 89/665/EEC, 92/13/EEC and 2009/81/EC which shall be initiated by the Commission when there is reason to believe that the European Union law in the field of public procurement has been seriously violated during the public contract award procedure.

Article 57
(Fact-Finding Relating to the Alleged Infringement)

(1) On the basis of the notice on starting the corrective-mechanism procedure, the ministry of finance shall carry out the activities necessary for finding the facts relating to the alleged infringement. The contracting authorities and the authorities of the Republic of Slovenia shall inform the ministry of finance of their activities and potential decisions on the alleged infringement no later than within five working days of receipt of its notice.

(2) The ministry of finance may request the contracting authority to perform the following activities no later than in five working days:
-    Hand over the documentation on the allegedly infringed public procurement procedure, and
-    Submit its opinion on alleged infringements of European Union law.

Article 58
(Preventing Damage Caused by an Alleged Infringement)

(1) When the corrective mechanism procedure has been initiated by the Commission, and in case that for the public contract award procedure under consideration any review claim referred to in Article 24 of this Act, or any appeal for the declaration of nullity of a contract or an individual contract referred to in Article 42 of this Act has not yet been filed, or the alleged infringement has not been remedied, the ministry of finance shall immediately file a review claim and, acting according to the first paragraph of Article 19 of this Act, propose the contracting authority suspends further activities relating to the public contract award procedure.

(2) The ministry of finance may propose the contracting authority suspends any further activities relating to the public contract award procedure also in other cases when the Commission initiates the corrective mechanism procedure.

Article 59
(Informing the Commission of Remedying the Infringement)

(1) Within fifteen working days of receipt of the notice concerning implementation of the corrective mechanism procedure, the ministry of finance shall notify the Commission:
-    That the alleged infringement was remedied, or
-    Of the reasons why the alleged infringement was not remedied, or
-    That further activities relating to the public procurement award procedure under consideration have been suspended.

(2) The reasons why the alleged infringement has not been remedied shall be deemed founded if the alleged infringement has already become subject to pre-review or review procedure, appeal or judicial proceedings.

(3) In the case referred to in the second and third indents of the first paragraph of this Article, the ministry of finance shall notify the Commission of the decision concerning the pre-review or review procedure, appeal or judicial proceedings and of the decision to suspend further activities relating to the public contract award procedure no later than within fifteen working days of the finality of this decision or of being informed of this decision.

Chapter VIII
NATIONAL REVIEW COMMISSION

Article 60
(The National Review Commission)

(1) The National Review Commission is a separate, independent and autonomous national body which adopts decisions on the legality of public procurement procedures during all stages.

(2) The National Review Commission shall have a round stamp with the following text: â?śRepublika Slovenija - Državna revizijska komisija za revizijo postopkov oddaje javnih naročilâ?ť (The Republic of Slovenia - the National Review Commission for the review of public procurement award procedures). The coat of arms of the Republic of Slovenia shall be positioned in its centre.

(3) Funds for the work of the National Review Commission shall be provided, on its proposal, in the budget of the Republic of Slovenia. Decisions on the allocation of funds shall be taken by the National Review Commission.

Article 61
(Appointment and Dismissal of the Chairperson and Members)

(1) The National Review Commission shall have a Chairman or Chairwoman (hereinafter: the Chairperson) and four other members (hereinafter: amember). The Chairperson and members shall be appointed for eight years and shall be eligible for re-election. In case of early termination of office, the new Chairperson or member shall be appointed for an eight-year term.

(2) The Chairperson and members shall have the status of state officials.

(3) The Chairperson and members shall be appointed and dismissed by the National Assembly of the Republic of Slovenia on the proposal of its committee responsible for terms of office and elections. The committee responsible for the election of the Chairperson and members shall publish a call for applications and verify whether the applicants meet the conditions for appointment. The responsible committee shall publish a call for applications at least six months before expiry of term of office or no later than fifteen days of the day of the early termination of office.

(4) The Chairperson and other members shall meet the following terms and conditions:
-    Citizenship of the Republic of Slovenia and active knowledge of Slovenian language,
-    Capacity to contract and general health capability,
-    At least 30 years of age,
-    Personal competence to perform the duties.
The Chairperson and two members shall be educated in the field of law, having obtained their education at the second level programme or one which corresponds to the second level of law studies, while two other members shall be educated in other fields, having obtained their education at a second level programme or education which corresponds to one obtained at a programme for the second level of education.

(5) The applicant shall be deemed personally unsuitable for the function of the Chairperson or the member if:
-    There is well-founded doubt, based on the applicantâ??s previous work, actions or behaviour, as to whether the applicant will carry out the duties professionally, honestly or diligently or protect the good name, impartiality and decision-making autonomy of the National Review Commission, or
-    The person has been convicted by a final judgement for a criminal offence, and consequently was given a dismissal according to the seventh paragraph of this Article, or
-    The court or administrative offence authority have found, by final decision, that the person has committed an administrative offence according to this Act or the act regulating public procurement.

(6) The Chairperson and members shall have at least six years of experience in the field of public procurement. The Chairperson shall fulfil the additional requirement and submit proof of passing the state judicial examination.

(7) The Chairperson and other member may be subject to an early termination of office if:
-    They submit a letter of resignation to the National Assembly of the Republic of Slovenia,
-    They are convicted with a final decision for a criminal offence and sentenced to imprisonment,
-    They are convicted with a final decision for a crime against property, enterprise, the legal order or official duty and public powers, and sentenced to serve a custodial sentence,
-    They permanently lose the capacity to perform official duties,
-    They fail to comply with the applicable laws and the Constitution, or
-    They are convicted with a final decision for an infringement of this Act or the act regulating public procurement.

Article 62
(The Chairperson of the National Review Commission)

(1) The Chairperson shall represent, run and organize the work of the National Review Commission.

(2) The Chairperson may authorize some members to organize and run the work of the National Review Commission.

Article 63
(Access to Classified Information)

(1) Within thirty working days from the day of their appointment, the Chairperson and members shall initiate the procedure for obtaining a security clearance certificate to access classified data with the Republic of Slovenia level of classification TAJNO (SECRET). Within three days of obtaining this certificate they shall initiate the procedure for obtaining security clearance for access to classified data with the EU level of classification EU TAJNO (EU SECRET) and with the NATO level of classification NATO TAJNO (NATO SECRET).

(2) If the body responsible for security clearance refuses to issue the Chairperson or member the security clearance certificate giving access to classified data referred to in the previous paragraph, the Chairperson or the member shall be subject to early termination of office as of the date the decision is issued.

(3) The Chairperson or member shall not have access to any document with security classification level which requires a security clearance certificate without such certificate.

Article 64
(Rules of Procedure of the National Review Commission)

(1) The National Review Commission shall have Rules of Procedure which regulate in more detail its organisation and the manner of its work.

(2) The Rules of Procedure shall be adopted by the Chairperson of the National Review Commission with consent of the National Assembly of the Republic of Slovenia.

Article 65
(The Method of Decision-making of the National Review Commission)

(1) The decision in the review procedure shall be taken by a three-member senate, unless the review claim is filed within the procurement procedure for awarding low-value public contracts, for which the decision shall be taken by a member of the National Review Commission.

(2) If a public contract, awarded in a procedure for awarding low-value contracts is subject to review and the Chairperson determines that the case is more demanding, the review procedure shall be carried out by a three-member senate.

(3) In the appeal procedure, the decision shall be taken by a member of the National Review Commission.

(4) The Rules of Procedure of the National Review Commission regulate in more detail the manner of work and appointment of senates. The Chairperson of the National Review Commission shall assign particular cases to decide upon according to the Rules of Procedure.

Article 66
(Exclusion)

(1) The Chairperson, member or official of the National Review Commission may not take decisions or participate in the decision-making process concerning any case where he is in any kind of relationship with the applicant or tenderer, the legal or authorised representative of the applicant or the tenderer, or with legal representatives, members of the applicant's or the tenderer's administrative bodies or supervision bodies, or with responsible staff of contracting authority whatsoever, including a business relationship, relation of kinship in direct family kin line or family kin steps up to the fourth level inclusively, marriage, even in case of divorce, in cohabitation or a registered same-sex civil partnership, or an in-law family relationship up to third level inclusively or if other reasons for exclusion are met according to the provisions of the act regulating litigious proceedings.

(2) The Chairperson, member or official of the National Review Commission may not take decisions or participate in the decision-making process concerning any case in which he has an interest in the founderâ??s rights, management or capital of the applicant, tenderer or contracting authority of over five per cent.

(3) The Chairperson, member or official of the National Review Commission may not take decisions or participate in the decision-making process concerning any case where he was previously employed by the contracting authority, unless more than two years have passed from termination of employment.

(4) The Chairperson, member or official of the National Review Commission may also be excluded at the proposal of the contracting authority, applicant, successful tenderer or representative of public interest.

(5) The Chairperson of the National Review Commission shall decide whether to exclude a member or official of the National Review Commission. If the proposal for exclusion involves the Chairperson of the National Review Commission, the decision thereon shall be taken by a plenary session of the National Review Commission which shall be called and conducted by a member replacing the Chairperson.

Article 67
(Securing of Confidence)

During its work, the National Review Commission shall protect personal data and classified information, as well as data designated as professional secrecy. Such data shall be treated according to regulations governing their protection.

Article 68
(Reporting to the National Assembly of the Republic of Slovenia)

The National Review Commission shall report on its work once a year to the National Assembly of the Republic of Slovenia.

Article 69
(The Annual Report)

(1) In accordance with the valid laws governing public procurement, types of procedures and object of public contracts, the annual report referred to in the previous article shall present separately the following data:
a)    The total number of received review claims;
b)    Separate presentation for the review procedure before making the decision on awarding the public contract and after the decision was taken:
-    The number of received public procurement review claims and their value,
-    The number of rejected public procurement review claims and their value; indication as to whether these public contracts are co-financed from the funds of the European cohesion policy and if so, by which fund,
-    The number of rejected review claims and the value of public contracts in question; indication as to whether these public procurements are co-financed from the funds of the European cohesion policy and if so, by which fund,
-    The number of claims partly consented to by the National Review Commission and the value of public contracts in question; indication as to whether these public procurements are co-financed from the funds of the European cohesion policy and if so, by which fund,
-    The number of claims consented to by the National Review Commission and the value of public contracts in question; indication as to whether these public contracts are co-financed from the funds of the European cohesion policy and if so, by which fund,
c)    Separate presentation for the review procedure before making the decision on awarding the public contract and after the decision was taken:
-    The number and value of revoked public procurement award procedures,
-    Indication as to whether these public contracts are co-financed from the funds of the European cohesion policy and if so, by which fund, and
-    Grounds for the revocation referred to in the second paragraph of the Article 39 of this Act.

(2) In its annual report, the National Review Commission shall additionally present the following data:
1.    Data referred to in the fourth and fifth indents of points 2 and 3 of the previous paragraph, separately per:
-    Individual act regulating public procurement,
-    Type of procedure,
-    Object of the public procurement,
-    Review procedure before and after adopting a decision on awarding the public contract, and
-    Contracting authority;
2.    Data on the number of rejected, dismissed and accepted review claims, separately per:
-    Individual act regulating public procurement,
-    Type of procedure,
-    Review procedure before and after adopting a decision on awarding the public contract, and
-    Contracting authority.

(3) The annual report shall also contain:
1.    Data on adjudicated and stated infringements according to this Act and the act regulating public procurement, separately per individual infringement of the contracting authority, tenderer or sub-contractor and his responsible representative, the amount of fine imposed and other relevant circumstances;
2.    Information on the participation of the National Review Commission in the activities of representatives of the public interest.

(4) The annual report may also contain other data and findings if they, in the opinion of the National Review Commission, are important for the legislative regulation of the field of public procurement.

(5) The National Review Commission shall submit data referred to in this Article to the Government of the Republic of Slovenia by the end of March for the past year.

Chapter IX
COSTS OF THE PRE-REVIEW AND REVIEW PROCEDURES AND JUDICIAL PROCEEDINGS

Article 70
(Refund of the Costs of Pre-review and Review Procedures)

(1) The costs of pre-review and review procedures shall include:
-    The fee for the pre-review and review procedures (hereinafter: the fee), and other expenses incurred during pre-review, review and appeal procedures or as a consequence of these procedures.

(2) Initially, the claimant, contracting authority and successful tenderer shall cover their costs resulting from the filed review claim, unless the National Review Commission, according to the second paragraph of Article 36, requires the contracting authority or applicant to pay in advance the costs of expert opinions, experts or consultants. The costs of attorney's services incurred by the applicant, successful tenderer and contracting authority during pre-review, review and appeal procedures shall be recognized according to the act regulating attorneyship.

(3) If the review claim is well-founded, the contracting authority shall refund, from its own funds, justified costs incurred by the applicant and the successful tenderer during pre-review and review procedures, including the fees. The contracting authority shall refund justified costs incurred by the applicant and the successful tenderer, irrespective of whether the contracting authority accepted or dismissed the review claim, if in the pre-review procedure the contracting authority carried out activities referred to in the second paragraph of Article 28 of this Act, which were necessary for establishing a certain fact, but failed to carry out these activities within the public contract award procedure, although it could have. If the appeal is well-founded, the contracting authority shall refund justified costs incurred by the applicant and the successful tenderer during the appeal procedure.

(4) If the review claim is ill-founded, except in the case referred to in the previous paragraph, or the applicant withdraws its review claim, the applicant shall refund justified costs incurred by the successful tenderer during pre-review and review procedures. If the appeal is ill-founded, the applicant shall refund justified costs incurred by the contracting authority during the appeal procedure.

(5) The applicant may request refund of costs incurred during the pre-review procedure within five working days of filing the review claim; a refund of justified costs incurred during the review procedure until a decision, adopted by the National Review Commission on that review claim; a refund of costs incurred during the appeal procedure until a decision, adopted by the National Review Commission on that appeal. In the request for refund of costs, the claimant shall clearly define the costs which shall be refunded.

(6) The successful tenderer may request refund of justified costs incurred during the pre-review procedure in the clarification referred to in the second paragraph of the Article 27 of this Act; refund of costs incurred during the review procedure until a decision, adopted by the National Review Commission on the review claim; and refund of costs incurred during the appeal procedure until a decision, adopted by the National Review Commission on the appeal. In his request for refund of costs, the successful tenderer shall clearly define the costs which shall be refunded.

(7) The contracting authority may request refund of costs incurred during the review procedure until a decision, adopted by the National Review Commission on the review claim; as well as refund of costs incurred during the appeal procedure until a decision, adopted by the National Review Commission on the appeal. In its request for refund of costs, the contracting authority shall clearly define the costs which shall be refunded.

(8) The contracting authority shall adopt the decision referred to in the third or fourth paragraph of the Article 26 of this Act or the first paragraph of Article 28 of this Act on its own costs and those justified costs demanded by the claimant or successful tenderer, providing these costs were incurred during the pre-review procedure. The National Review Commission shall adopt the decision referred to in the third or fourth paragraph of Article 31 of this Act or the first paragraph of Article 39 of this Act, on justified costs incurred during the review procedure; furthermore, the National Review Commission shall adopt the decision referred to in the first paragraph of Article 55 of this Act on justified costs incurred during the appeal procedure.

(9) Should the National Review Commission find that although the contracting authority violated the claimant's right to access documentation, the review claim, supplemented after access to the documentation, is still ill-founded, the Commission may adopt a decision, considering the circumstances of the individual case, and order the contracting authority, successful tenderer or both to refund, partly or in total, all the justified costs incurred by a claimant during the pre-review or review procedure.

(10) An appeal may be filed against the contracting authorityâ??s decision on costs according to Chapter VI of this Act. The contracting authorityâ??s decision on costs incurred during the pre-review procedure shall become final upon expiry of the time period allowed to submit an appeal, if such appeal is not submitted, or on the date when the National Review Commission rejects or dismisses such appeal. The final decision on justified costs incurred during the pre-review procedure adopted by the contracting authority and the decision on justified costs incurred during the pre-review, review or appeal procedure adopted by the National Review Commission shall be enforceable.

 Article 71
(The Fee)

(1) The fee amounts to:
-    EUR 750 if the review claim deals with the contents of a call, invitation to submit a tender or tender documentation in the procurement procedure for awarding low-value contracts, in the procedure of collecting tenders based on a previously published call, in awarding a public service contract from the B List of services or in awarding individual contract based on a framework contract or in a dynamic procurement system;
-    EUR 1,500 if the review claim refers to the contents of a call, invitation to submit a tender or tender documentation in an open procurement procedure, a procedure with prior qualitative selection, a negotiated procedure with prior publication of contract notice, a negotiated procedure without prior publication, competitive dialogue, or open competition;
-    One percent of the value of the selected tender (including Value Added Tax) per lot, public contract or individual contract based on a framework contract or in the dynamic procurement system, for which the review claim is filed, but no more than EUR 10,000 if the review claim refers to a decision to award a contract or the withdrawal from a public contract.

(2) If the review claim does not refer to the contents of a publication, invitation to submit a tender or tender documentation, and the contracting authority in the public contract award procedure or in the procedure for awarding the individual contract based on a framework contract or in the dynamic procurement system has not or has not yet adopted any decision on awarding the contract, the fee shall amount to one percent of the estimated value (including Value Added Tax), but no less than EUR 200 and no more than EUR 10,000.

(3) In each individual case the fee shall be determined by the contracting authority taking into account the first and second paragraphs of this Article. The fee shall be paid to the appropriate sub-account at the Bank of Slovenia, which is, for the purpose of the payment of fees for the pre-review and review procedures, opened according to the regulation governing sub-accounts and methods of payment of compulsory contributions and other general government revenue.

(4) The review claim filed by a representative of public interest is exempted from the fee payment.

Article 72
(Repayment and Payment of Fees)

(1) The claimant is entitled to repayment of the fee if:
-    He paid the fee for the pre-review or review procedure but did not actually file the claim,
-    The review claim refers to the procedure, which in its nature does not represent a public procurement award procedure.

(2) The claimant shall address the request for repayment of the fee to the National Review Commission. In the case referred to in the first indent of the previous paragraph, the request for fee repayment should be filed within ten working days of paying the fee, while in the case referred to in the second indent of the previous paragraph, the deadline for the submission is twenty working days of receipt of the contracting partyâ??s or the National Review Commissionâ??s decision rejecting the review claim.

(3) If the National Review Commission finds that the claimant has paid an incorrect fee irrespective of the fee defined in the legal instructions laid down in the contracting authority decision on awarding the contract, the Commission shall:
-    Invite the claimant to make a supplementary payment, or
-    Impose the ministry of finance to repay the over-paid fees.

(4) Based on the proposal of the National Review Commission, the ministry of finance shall make repayment of the over-paid fees according to the regulations governing public finance.

Article 73
(Fee Records)

The National Review Commission shall keep records of paid, over-paid, under-paid and repaid fees. The contents and the method of record-keeping shall be defined by the National Review Commission in co-operation with the ministry of finance.

Article 74
(Costs of Judicial Proceedings)

(1) Costs of the judicial proceedings include expenditures incurred during the judicial proceedings, also including attorneysâ?? fees insofar as these are subject to reward in accordance with law.

(2) The level of fee for judicial proceedings, the method and the due payment date are defined in the act regulating court fees.

Article 75
(Assessment of Costs)

Unless otherwise provided for by this act, the costs for legal protection during a pre-review and review procedure and judicial proceedings shall be assessed according to the act regulating litigious proceedings.

Chapter X
ADMINISTRATIVE OFFENCE AUTHORITY AND PENAL PROVISIONS

Article 76
(Administrative Offence Authority)

The authority competent to identify offences referred to in this Act shall be the National Review Commission.

Article 77
(Adopting an Offence Decision)

(1) Administrative offence proceedings shall be conducted and decided upon by the authorized official person selected by the National Review Commission, who meets the conditions defined by the act regulating administrative offences and regulations adopted on its basis.

(2) The contracting authority and its responsible person shall hand over all required documentation to the National Review Commission no later than within three working days of receipt of the written notice sent by the National Review Commission with the purpose to perform the following activities according to this Act:
-    Establishing conditions for initiating administrative offence proceedings against the contracting authority and its responsible person, or
-    Collecting additional information and evidence of a potential offence of the contracting authority and its responsible person.

Article 78
(Offences)

(1) A fine ranging from between EUR 25,000 to EUR 100,000 shall be imposed for an offence committed by a public fund, public agency, public institute or public utility institute, whose income on the balance sheet date for the last two consecutive business years exceeds EUR 8,800,000, and a legal person who is a medium-sized or large company according to the act regulating companies, when they, acting as the contracting authority:
1.    In contravention of law, conclude a contract with the successful tenderer, knowing that a review claim has been submitted (the first paragraph of Article 17 of this Act);
2.    Fail to hand over or hand over in due time a proposal to suspend a public contract award procedure (the second paragraph of Article 19 of this Act);
3.    Fail to submit to the claimant the proposal addressed to the National Review Commission for the filed review claim to not withhold contract conclusion, to suspend the public contract award procedure or to reject all tenders submitted within the public contract award procedure and to initiate a new public contract award procedure for the same object (the second paragraph of Article 20 of this Act);
4.    Fail to adopt a decision on the review claim (the third and fourth paragraphs of Article 26 and the first paragraph of Article 28 of this Act);
5.    Fail to forward the review claim to the successful tenderer, when obliged to do so by law (the first paragraph of Article 27 of this Act);
6.    Fail to hand over, or to hand over in the time limit stated in the review claim all documentation on the public contract award procedure, on the pre-review procedure, or on the appeal to the National Review Commission (the first and second paragraphs of Article 29 and the first paragraph of Article 53 of this Act);
7.    After receipt of the National Review Commissionâ??s notice, fail to submit the response report (the fourth paragraph of Article 41 of this Act) to it in due time;
8.    Commit an infringement due to which the contract becomes null and void or should become null and void pursuant to the first or second paragraph of Article 44 of this Act;
9.    Fail to hand over the documentation on the public contract award procedure in due time, or fail to submit the opinion on alleged infringements of European Union law (the second paragraph of Article 57 of this Act) to the ministry of finance;
10.    Fail to comply with or to implement the decision of the National Review Commission or act contrary to its decision (the first paragraph of Article 60 of this Act).

(2) A fine ranging from between EUR 12,500 to EUR 50,000 shall be imposed on a public fund, public agency, public institute and public utility institute, whose income on the balance sheet date for the last two consecutive business years does not exceed EUR 8,800,000, and a legal person who is not the medium-sized or large company according to the act regulating companies, when they, acting as the contracting authority, commit an offence referred to in the previous paragraph.

(3) A fine ranging from EUR 7,500 to EUR 30,000 shall be imposed on a sole trader or natural person who is engaged in an economic activity in his own right, who acting as a contracting authority commits the offence referred to in the first paragraph of this Article.

(4) A fine ranging from EUR 500 to EUR 2,000 shall be imposed on the responsible person of the public fund, public agency, public institute, public utility institute, legal person, sole trader, and the responsible person employed in a state body or a self-governing local community, who, acting as the contracting authority, commits an offence referred to in the previous paragraph of this Act.

Article 79
(Sanctions for Serious Offences)

If the nature of an offence referred to in points 1, 8 and 10 of the first paragraph of the previous article is particularly serious due to the level of damage caused, the level of the proceeds obtained by criminal means, or because of the offenderâ??s malicious intention or his self-interest intention, the administrative offence authority may impose a multiplied fine referred to in the previous article; however, the imposed fee for:
a)    A legal person, who is according to the act regulating companies classified as a medium-sized or large company, shall not exceed EUR 300,000;
b)    A natural or legal person governed by private law, except a company, a sole trader and a natural person who is engaged in an economic activity in his own right, shall not exceed EUR 300,000;
c)    A public fund, public agency, public institute and public utility institute whose income on the balance sheet date for the last two consecutive business years exceeds EUR 8,800,000, shall not exceed EUR 300,000;
d)    A legal person who, according to the act regulating companies, is neither a medium-sized nor large company, shall not exceed EUR 150,000;
e)    A natural or legal person governed by private law, except a company, a sole trader and a natural person who is engaged in an economic activity in his own right, shall not exceed EUR 150,000;
f)    A public fund, public agency, public institute and public utility institute whose income on the balance sheet date for the last two consecutive business years does not exceed EUR 8,800,000, shall not exceed EUR 150,000;
g)    A sole trader or a natural person, engaged in an economic activity in his own right, shall not exceed EUR 90.000;
h)    The responsible person of the public fund, public agency, public institute, public utility institute, legal person, sole trader, the other natural or legal person governed by private law, and responsible person employed in a state body or a self-governing local community, shall not exceed EUR 6,000.

Article 80
(Fines in the Expedited Procedure)

In the expedited procedure the administrative offence authority may prescribe a fine within the specific range laid down in this Act. In determining the level of the fine, special consideration should be given to the seriousness of the offence and the level of damages caused.

Chapter XI
TRANSITIONAL AND FINAL PROVISIONS

Article 81
(Termination of Regulations)

(1) On the day this Act enters into force, the following legislation shall cease to be valid: Auditing of Public Procurement Procedures Act (Official Journal of the Republic of Slovenia, no. 78/99, 90/99 - amended, 110/02, 14/03 - official consolidated text, 2/04 - ZPNNVSM, 42/04, 99/04 - official consolidated text, 61/05, 95/05 - official consolidated text, 78/06, 26/07 - official consolidated text, 53/07 and 94/07 - official consolidated text).

(2) On the day this Act enters into force, the following legislation shall cease to be valid: the Rules of Procedure of the National Review Commission (Official Journal of the Republic of Slovenia, no. 44/05); it shall however be applied pending application of the Rules of Procedure referred to in Article 64 of this Act.

Article 82
(Completion of Existing Procedures which Began Pursuant to the Current Regulation)

(1) A review procedure initiated by filing a review claim before enforcement of this Act shall be continued until its completion pursuant to the Auditing of Public Procurement Procedures Act (Official Journal of the Republic of Slovenia, no. 94/07 - official consolidated text).

(2) The judicial proceedings relating to the public procurement procedures which began before the enforcement of this Act shall be continued until their completion pursuant to the regulations which governed this field before the enforcement of this Act.

Article 83
(Obtaining Security Clearance for Classified data for the Appointed Chairperson and the Members of the National Review Commission)

Within three working days of enforcement of this Act, the National Review Commission shall initiate the proceedings for obtaining security clearance for access of its Chairperson and members appointed before enforcement of this Act to classified information, referred to in the first paragraph of Article 63.

Article 84
(Term of Office of the Current Chairperson and the Current Members of the National Review Commission)

The Chairperson and the members of the National Review Commission that were appointed before the enforcement of this Act shall remain in office until expiry of their term of office.

Article 85
(Annual Report)

The National Review Commission shall prepare the first annual report for 2011 pursuant to Article 69 of this Act. The National Review Commission shall prepare the annual report for 2010 pursuant to Article 33 of the Auditing of Public Procurement Procedures Act (Official Journal of the Republic of Slovenia, no. 94/07 - official consolidated text).

Article 86
(Regulations on the Basis of this Act)

(1) The National Review Commission shall adopt the Rules of Procedure referred to in Article 64 of this Act within six months of enforcement of this Act.

(2) The National Review Commission shall define the contents and method of record-keeping of fees referred to in Article 73 of this Act within nine months of enforcement of this Act.

Article 87
(Act Enforcement)

This Act shall enter into force on the thirtieth day after its publication in the Official Journal of the Republic of Slovenia.