Possibility of forming lots

If it is possible and if this contributes to greater economy and efficiency of the execution of the public contract, the contracting authority should submit it in batches. In this regard, it is also worth noting the two DKOM decisions (No. 018-049/2016 and 018-230/20171), which state that it is not entirely a matter of the client's free judgment, but rather (as a rule) his duty to implement ordering by batches, which can (exceptionally) be relieved only when objectively justified reasons are given for this.

In doing so, the contracting authority must ensure non-discriminatory treatment and greater accessibility for all economic entities to participate in public procurement. At the same time, 73(3) provides for the possibility for the contracting authority to limit the number of lots that can be awarded to one tenderer. The cooperation of a variety of actors, including smaller ones, which might not be able to participate directly in the procurement as a whole, also contributes to promoting circularity in public procurement.

Public procurement file Vrtec Pedenjped