Inclusion in the Authoritative Register
What is the Authoritative Register?
The Official List is a register that is maintained by the Constitution Protection Office and includes those economic operators which are found eligible to participate in procurement procedures specified by Government Decree (hereinafter Decree) of No. 218/2011 (19 October).
The list contains the full name, seat, main scope of activity of the respective business company, its Facility Security Clearance (FSC), if it has, the classification of the FSC, the date of registration on the List and of the latest inspection of the organisation.
How can a business organisation be included in the Authoritative Register?
Any economic operator (specified under Point 9 Section 4 of the Act on Public Procurement) may apply for inclusion in the List by submitting the annexes No. 2-5 of the Decree filled in and the certificates issued by the bank keeping the company’s account.
In case the completed annexes, sent to the Constitution Protection Office, do not comply with the statutory criteria or are deficient and the company does not supply the deficiency within 15 days counted from the date of receiving the notice, the Constitution Protection Office rejects the inclusion of the economic operator in the List. The Constitution Protection Office notifies the economic operator of its registration on the List or of its rejection. The rejection is not bound to reasoning; there is no possibility of legal remedy. The economic operator cannot be registered on the List within one year counted from the date of receiving the decision on the rejection.
The inspection refers to the inspection of business organisation(s) and individuals included in the company qualification questionnaire. In each case the deadline of the inspection is 50 days, which can be once extended to another 30 days. All the expert opinions issued by the Constitution Protection Office remain valid for 12 months. In accordance with Paragraph 1 Section 14 – if the company wishes to stay on the Official List – it may apply for extending its entry by filling in the above mentioned annexes before the expiration of the deadline. In case it does not comply with the requirement of annual data supply, or submits deficient questionnaires and does not supply the missing data within 15 days counted from the date of receiving the notice, the Constitution Protection Office deletes it from the List and simultaneously notifies the company about the decision. The economic operator cannot be registered on the List within one year counted from the date of receiving the decision on the rejection.
The economic operator included in the List is obliged to report within 8 days any changes concerning the data provided in the questionnaire to the Constitution Protection Office. In case of omission the Constitution Protection Office deletes the economic operator from the List and simultaneously notifies it about the decision. The economic operator cannot be registered on the List within one year counted from the date of receiving the decision on the rejection.
Economic operators, having a Facility Security Clearance specified in the Act on the Protection of Classified Information, are automatically included in the Official List until the withdrawal of the clearance.
What is the use of the Authoritative Register?
Only those companies, which are registered on the Official List, are entitled to participate in such procurement procedures which value reaches or exceeds the current national value limit of public procurement procedures specified in Point b) Paragraph 1 Section 10 of the Act on Public Procurement, and which contain classified data, concern the fundamental security and national security interests and require special security measures.
Exclusively those who are registered among the economic operators included in the List can participate in procurement procedures as tenderers or subcontractors.
Registration on the Official List does not imply that all companies included in it can automatically participate in any procedures that correspond to its core activity under the relevant legal regulation. The contracting authority has the right to decide which company included in the Official List will be invited.