OSNOVI ZA ISKLjUČENjE PRIVREDNOG SUBJEKTA IZ POSTUPKA JAVNE NABAVKE

Abstract

This paper analyses the regulations of the Republic of Serbia, the positions of domestic judicial practice, as well as the opinions of jurisprudence on the grounds for the exclusion of an economic operator from the public procurement procedure, within the criteria for qualitative selection. The difference between mandatory and optional grounds for exclusion is explained, with a detailed presentation of each. The exclusion of legal entities from participating in public procurement procedures as a legal consequence of criminal convictions was specifically analysed, with a comparison to the safeguard measure of the same content, which the court imposes in the misdemeanor procedure. Furthermore, the potential legal consequences in domestic and comparative law of certain events on the entity's capacity to fulfill a public procurement contract were assessed, such as bankruptcy, insolvency, liquidation, reorganization, financial restructuring, settlement, or other bargaining arrangements with creditors, taking into account regulations and measures that enable an economic operator to continue its business, as well as the ability of the contracting authority to withdraw from the exclusion. The subject of special attention is the importance of failing to meet the obligations outlined in prior public procurement contracts, including the issue of contract termination. Lastly, it was emphasized that demonstrating the trustworthiness of the economic operator is a viable way to prevent its exclusion from the public procurement process.