- The Electronic Public Procurement Classifieds of the Republic of Croatia online application (hereinafter: application) is fully compliant with the Public Procurement Act (OG Nos. 90/2011 and 83/2013) and the Concessions Act (OG No. 143/2012) and with Article 5 of the Regulation on public procurement notices (OG No. 10/2012) and Article 3 of the Regulation on the layout and content of standard forms and concession notices (OG No. 20/2019), which designate Narodne novine d.d. as the provider of these services.
- The Electronic Public Procurement Classifieds of the Republic of Croatia is a public service which:
- enables contracting authorities and concession grantors to draw up and submit for publication public procurement and concession notices on standard forms and to make available tender documentation and other relevant documentation;
- publishes public procurement and concession notices (hereinafter: notices) on standard forms and makes available pertinent documentation;
- enables free search and download of published public procurement and/or concession notices and pertinent documentation;
- facilitates participation of economic operators in electronic auctions via the e-Auction module;
- facilitates electronic tender submission via the e-Procurement module;
- includes a comprehensive public procurement and concessions database, with the possibility of statistical analysis of the data.
- A contracting authority, i.e. concession grantor and/or economic operator, i.e. concessionaire (hereinafter: user) can access the application after completing initial registration. The user is notified of the fact that some parts of the application, i.e. certain functionalities, are available only to registered users. The service provider reserves the right to change the conditions for registration and access to certain parts of the application, including user account deactivation.
- In order to use the application, the user must have Internet access and an Internet browser.
Principal function of the application
- The main modlue of the application includes a range of functions and possibilities for publishing information pursuant to Article 55 of the Public Procurement Act and Article 21 of the Concessions Act. The price list of all the services provided by the service provider is publicly available on the Electronic Public Procurement Classifieds of the Republic of Croatia web site, and is considered a constituent part of the General terms and conditions.
Responsibility for content and publication of notices
- Every user is reponsible for the content and information he publishes. The application includes input fields for the functions facilitating the publication, processing and transfer of data. The system verifies the formal acceptability of the user's entry. All required fields must be completed for notices to be published. If a user fails to comply with these terms and conditions in drawing up and submitting a notice, its publication will be refused.
- Public procurement and/or concession notices are published on standard forms as provided in the Public Procurement Act and the Concessions Act, i.e. in pertinent implementing regulations. Published public procurement and/or concessions notices may differ in terms of e.g. type of contracting authority, object of procurement, the selected public procurement procedure and other variables entered by the user.
Publication of notices
- Public procurement and/or concession notice forms, completed and submitted online by 6pm will be published in the Electronic Public Procurement Classifieds of the Republic of Croatia on the following work day. The date specified by the user will be considered the date of publication. Notices may be drawn up and submitted for publication on a work day or a non-work day.
- The user may select, subject to a fee, the option to have the entire text of the notice published in printed form, which will feautre in the classifieds section in the earliest possible issue of the Official Gazette.
Correcting and withdrawing notices
- The user may change the content of and/or withdraw a submitted notice by 6pm on the day of submission. Modified notices will be published on the following work day after the day of resubmission. In order to make changes to submitted notices after 6pm, the notice correction form must be used. Publication of corrected notices submitted after 6pm is subject to an additional charge.
Electronic tender submission and participation in electronic auctions
- Electronic tender submission and participation in electronic auctions are carried out in accordance with the Public Procurement Act, i.e. the pertinent implementing regulations. Published public procurement and/or concessions notices may differ in terms of e.g. type of contracting authority, object of procurement, the selected public procurement procedure and other variables entered by the economic operator.
PUBLIC PROCUREMENT PROCEDURE
- All data pertaining to the public procurement procedure is entered in the application by the user. The user has control over the notices and the entire electronic procedure.
- Basic information, proposed procedures and addresses are used as a template in the publication, during the course of the procedure and for issuing invoices. The user is obliged to regularly check and update all data entered in the application.
SUBMITTING AND UPLOADING TENDERING DOCUMENTATION
- The service provider is obliged to upload the tendering documentation submitted by the user first to the application, and then to the Internet. The user is solely reponsible for the content and form of uploaded documentation.
Uploading of tendering documentation to the application
- The user may only submit documents which do not pose a threat to the application (as per the current state of technology). The user is responsible for the accuracy of documentation in correct procedures. Documents are not subject to verification. Content directly submitted, published or uploaded to the application in any form will be taken exclusively "as is", i.e. in the available form, and the service provider will not be held liable for possible consequences, including any damage that may be caused to other users or third parties, and which can result from different interpretations of the content entered in the application.
- The user is to take note that the service provider is authorized to carry out checks for viruses and similar threats and may refuse, i.e. remove infected files. In addition, the service provider reserves the right to reject files with certain extensions (e.g. .exe, .vbl, .src) and very large files (larger than 35 MB). The maximum number of uploaded documents is limited to 20 per procedure.
Uploading to the Internet
- Documents submitted by users for publication become available on the date specified by the user in procedure details.
ELECTRONIC TENDER SUBMISSION (e-Submission)
- The service provider forwards tenders submitted by economic operators to the pertinent contracting authority by electronic means in accordance with the instructions for the use of the e-Submission module.
- The service provider ensures the confidentiality of tenders submitted by electronic means so that they may be opened and made available for inspection to third parties exclusively by the contracting authority.
- Economic operators may use the "e-Submission" module free of charge.
- Use of the "e-Submission" module by the contracting authority is subject to a charge pursuant to the published service provider's price list.
- By submitting a file the economic operator assumes responsibility and is obliged to compensate for any direct or indirect damage caused by its inappropriate or unlawful content, and for infection of the service provider's computer system with viruses or other malware which may inflict damage to the service provider or other participants in the public procurement procedure.
- Economic operators may not use the "e-Submission" module in a manner which may render its use impossible, overload or damage the service, or which may adversely affect the use of the service by other users.
- The service provider reserves the right to block access to the "e-Submission" module at any time and without prior notice in order to counter any abuse of the system or remove technical or operational deficiencies.
ELECTRONIC TENDER EVALUATION (e-Evaluation)
- The "e-Evaluation" module is a paid service provided by Narodne novine d.d.
- The use of the "e-Evaluation" module by the contracting authority is subject to a charge pursuant to the published service provider's price list.
- Customer service is available via telephone during the working hours specified in the application or via e-mail. Customer service is free of charge and serves only for providing instructions on the use of the Electronic Public Procurement Classifieds of the Republic of Croatia. Customer service is available on work days (Monday to Friday) from 8am to 4pm.
USING THE APPLICATION
- The application is accessible 24 hours a day. All communication is carried out in Croatian. The application may occasionally be unavailable for shorter periods due to maintenance.
- The service provider reserves the right to disable the application for regular maintenance on the first weekend of the month from 8pm on Saturday to 12am on Monday.
Rules for correct use of the application
- The user may only use the application in the envisaged manner (user level, documentation). The user may only use the online services for himself. The user (contracting authority) may not make use of the online services, especially files, for commercial and non-commercial purposes, or make copies thereof, transfer, lend or make them available to third parties. The software used in the application is protected by the Copyright and Related Rights Act. The user must take all necessary measures to avoid copying software, building databases, or reproducing the form of individual documents. This provision continues to apply after the discharge of contract with Narodne novine d.d. The user may only use the working documents, manual, data listings or other database outputs for his own purposes. Making any copies, intended for publication or transfer to a third party, is subject to prior express consent of Narodne novine d.d. Technical deficiencies of the application which affect its use may not be interfered with and must be reported to Narodne novine d.d. without delay.
- The service provider's support staff will remove the reported, i.e. observed deficiencies as quickly as possible. Where necessary for the purposes of analysis and removal of the problem, the support staff may access the user's (contracting authority's) account.
Availability of public procurement and concession notices
- Every public procurement, i.e. concession notice and pertinent documentation will be available online for inspection in the "List of notices" section of the Electronic Public Procurement Classifieds of the Republic of Croatia for a period of one year after its publication. Downloading tendering documentation is subject to free user (contracting authority) registration.
Archiving of public procurement and concession notices
- All public procurement, i.e. concession notices will be stored in the archive of the Electronic Public Procurement Classifieds of the Republic of Croatia and available to competent state authorities referred to in the Public Procurement Act for unlimited free access and search for a period of four years after the date of their publication.
Login data protection
- The user must not disclose his password and account details or forward them to a third party. The user is solely responsible for any unauthorised use of his user account and password. The user may not make the online service available to a third party in full or in part without written consent of Narodne novine d.d. If he suspects that his account data is used by a third, unauthorized person, or that the data has been disclosed without his authorization, the user must notifiy the service provider thereof without delay. The service provider is not responsible for any damage sustained by a registered economic operator which is a result of unauthorized disclosure or use of login data.
Liability of the service provider
- The service provider does not give any guarantees for the operation and accessibility of the application nor is it liable for any damage sustained by users in the event of inaccessibility or malfunctioning of the application. The service provider is not liable for any damage sustained by the user's hardware, software or other equipment. The user must ensure appropriate protection (e.g. anti-virus software) for the equipment used to access the application.
- The entire content of the application, regardless of its form, is protected by copyright. The holder of copyright over published contents is the service provider, i.e. the specified individual for each particular content. All rights are reserved by the copyright holder. Publication of content in the application does not cancel any copyright in terms of application content whatsoever. Use of any content published in the application, regardless of purpose, except for the user's private purposes, without prior express written consent by the economic operator, i.e. copyright holder is prohibited. Use of contents which involves including the entire contents of the application in another application is also prohibited. Breach of copyright may entail both criminal and civil liability.
Individual user access
- The service provider will allow access to individual users only on the basis of a certified written request by a user (contracting authority, concession grantor) in which the individual user is employed.
Blocking a user
- The service provider reserves the right to block individual users who are in breach of the general terms and conditions. An individual user may also be blocked following a written request by a user (contracting authority, concession grantor). The request must also include the first and last name of a new individual user. The user is advised that the service provider reserves the right to temporarily restrict or deny access to services if he establishes that the user made use of them in order to:
- breach or encourage a breach of copyright or related rights, patents or trademarks;
- distribute or encourage distribution of illegal copies of software, harmful software, illegal pornographic content or unsolicited e-mail messages;
- spread or attempt to spread threatening, violent, discriminating, racist, defamatory or harrassing content;
- without express consent by the owner of data and of the computer or network system test the vulnerability of the system, circumvent security measures, forge the point of origin of Internet traffic, monitor, alter or delete data, or overload the computer or network system;
- inflict or attempt to inflict damage to the service provider or a third party,
- commit or attempt to commit a breach of law.
The user is liable for all damage that might be sustained by the service provider or a third party as a result of a breach of any provision of point 28 of the General Terms and Conditions.
- A public procurement and/or concession notice submitted for publication in the Electronic Public Procurement Classifieds of the Republic of Croatia is considered an order for the provision of publication services. The service provider issues an invoice for the publication of the notice.
- The invoice must be paid by the due date specified therein, which will be at least 15 days after the date of issue. The service provider may issue Invoices in printed or electronic form.
- The user may file a written objection against the invoice within 8 days of its receipt. If no objections are filed within that period, the invoice will be deemed accepted.
Protection against copying
- The user must protect the application against unwanted copying, i.e. he may not transmit to third parties either in written or oral form any information concerning the operation of the application and/or solution structure, nor may he use that knowledge independently for his own purposes.
- Any reproductions or descriptions of the system require express consent of the service provider.
- These rules apply even after the user has stopped using the application.
- The service provider ensures undisturbed operation of the application. Despite this, malfunctions may occur. The service provider reserves the right to alter or adapt the application withouth prior notice at any moment.
- The service provider is responsible solely for the damage caused intentionally or by extreme negligence. No warranties apply in any other cases, especially as regards claims over damage resulting from interruptions, loss of data and/or information, loss of earnings, missed savings, interest-related losses and indirect property damage. The amount of compensation due from the service provider to the user (contracting authority, concession grantor) on any basis is limited to the amount of the fee paid to the service provider by the user (contracting authority, concession grantor) pursuant to the service contract in the last 12 months.
- Despite reasonable efforts, the service provider cannot guarantee that the application, i.e. all its contents, will be accessible and available at all times, or that it will not contain errors or software that may cause damage to other users or third parties (e.g. viruses, worms).
Data protection and fowarding
- In accordance with the Personal Data Protection Act, personal data is considered confidential and is used for keeping user (contracting authority, concession grantor) records, performing contractual obligations and own marketing purposes. Accurate specification of such data and changes thereto are necessary for the operation of the application (e.g. granting access, charging for paid services).
- Personal data provided during the use of the Electronic Public Procurement Classifieds of the Republic of Croatia is used for the purposes of contact between the Electronic Public Procurement Classifieds of the Republic of Croatia and its users with a view to improving the functionality and quality of the service.
- Electronic Public Procurement Classifieds of the Republic of Croatia uses Google Analytics in order to improve its functionality and quality of service. Google may transfer such data to third parties when required by the law or if such third parties process data on behalf of Google. Google will not connect your IP address with any other data it has access to.
- Use of data for other purposes or forwarding of data to third parties must be approved by the user. Users are to take note that such approval may at any moment be withdrawn via customer service.
- The service provider is not responsible for the contents, functionality and availability of web sites linked to in notices. This also applies to all other direct or indirect references or links to foreign internet offers. Links to the application may be posted provided that they open in a new browser as an external link. The main window of the application may not be copied into a link. If the web site opened via a link includes illegal content, the users should notify the service provider so that the link may be removed as quickly as possible.
- The above conditions must be accepted for the application to be used. It is considered that, by submitting the first public procurement notice for publication, the user confirms that he has read the terms and conditions and that he fully accepts them, undertaking to adhere to its provisions. Accepting these terms and conditions has the same binding effect as accepting a contract. Contract reference numbers are issued for each calendar year. Apart from the contract reference number, the corresponding partner number from the main records of Narodne novine d.d. is stated on the invoice for beneficiaries of state budget funds.
- The court competent for any disputes arising from these terms and conditions is the Commercial Court in Zagreb. The governing law is Croatian law. Zagreb will be considered to be the place of fulfilment of obligations and of payment.
- The service provider is authorised, in meeting the requirements of these terms and conditions, to use third party services and to assign rights and obligations under these terms and conditions, in full or in part, to affiliated companies on the basis of a unilateral statement without further consent of the user (contracting authority) or his company.
- Narodne novine d.d. reserves the right to change these terms and conditions in order to comply with the law.
ADVANCE SEARCH OF PUBLIC PROCUREMENT NOTICES FOR THE REPUBLIC OF CROATIA
- Advanced search of public procurement notices is an added feature of the Electronic Public Procurement Classifieds of the Republic of Croatia which enables users to:
- be informed by e-mail about new notices according to selected criteria;
- search public procurement notices; and
- download published tendering documentation.
- Advanced search of publication notices for the Republic of Croatia (hereinafter: advanced search) is a paid service provided by Narodne novine d.d.
- General terms and conditions of the Electronic Public Procurement Classifieds of the Republic of Croatia (hereinafter: General terms and conditions) also include the rules for the use of the advanced search.
- Advanced search subscribers are natural and legal persons who have accepted the general terms and conditions and paid the appropriate subscription fee.
- Advanced search users are legal and natural persons who have registered in the Electronic Public Procurement Classifieds of the Republic of Croatia system, but who have not paid the subscription fee.
- Individual advanced search users are natural persons, users' (subscribers') employees, whose names are stated in the advanced search registration form.
Contracting of the service and contractual rights and obligations
- A contract between Narodne novine d.d. and advanced search users is entered into by registration in the system of the Electronic Public Procurement Classifieds of the Republic of Croatia. The subscription contract is valid for an indefinite period.
- In the course of registration the advanced search user must provide all the information required in the registration form. The user may choose the type of subscription.
- The fee payable for the use of the advanced search service and functions (subscription) is stipulated in the price list drawn up and updated by Narodne novine d.d.
- The advanced search subscription fee is payable in advance for one year from the day of registration, in accordance with the price list valid on the day of registration.
- Once registration is complete, Narodne novine d.d. will send the user an offer for subscription based on which the user must make the payment by the due date specified therein, which will be at least 15 days after the date of the offer. Once the payment has been received, a receipt will be issued . Narodne novine d.d. will issue offers and receipts in printed or electronic form. If the user fails to pay the entire sum by the due date, Narodne novine d.d. will block access to advanced search to all user's registered individual users.
- An advanced search user whose access has been blocked in the above circumstances will be restored access to the service and functions of advanced search upon receipt of the payment.
- An advanced search user may change the type of subscription by the due date for the payment, subject to prior notification.
- If a subscriber (advanced search user) wishes to change the type of subscription after he has paid the subscription fee, he must notify Narodne novine of this intention in writing.
- If the price of the new subscription type is lower than that of the old one, the subscriber may not seek a refund of the difference.
- If the price of the new subscription type is higher than that of the old one, the subscriber will be refunded the fee for the unused period of the old subscription ending with the date of receipt of the new payment and activation of the new subscription. The old, cheaper subscription will be discontinued as of the same date. The newly activated subscription will be valid for one year from the date of activation.
- If the subscriber fails to pay the fee for the new subscription, Narodne novine d.d. will continue providing the services covered by the active subscription.
- Narodne novine d.d. reserves the right to change the prices and/or terms of payment.
Obligations on the part of the subscriber (advanced search user)
- The subscriber (advanced search user) may only use advanced search services and functions, and downloaded information, data and documents for the purposes of keeping informed of and applying for published tenders.
- The subscriber (advanced search user) may not use the downloaded information, data and documents for commercial and non-commercial purposes, may not copy, transfer or make it available to third parties, whether legal or natural persons, without written consent of Narodne novine d.d.
- If there is reasonable suspicion of unauthorised use of a user ID by a third party, whether legal or natural person, Narodne novine d.d. will notify the subscriber and/or his individual user thereof in writing without delay.
- If there is reasonable suspicion of unauthorised use of a user ID by a third party, Narodne novine d.d. reserves the right to block the subscriber's access to advanced search in full or in part and claim compensation should damage occur.
- Narodne novine d.d. reserves the right to cancel the subscription contract with immediate effect and no notice period if the subscriber has acted in contravention of the general terms and conditions.
- Should the subscriber commit a breach of the obligations stipulated in these general terms and conditions, Narodne novine d.d. reserves the right to block access to advanced search for the subscriber or his individual users without affecting the contractual obligations of the subscriber.
Obligations on the part of Narodne novine d.d.
- Narodne novine d.d. undertakes the following obligations for the benefit of the subscriber's individual users, subject to type of subscription:
- to send updates by e-mail concerning public procurement procedures in line with a number of search criteria selectable by the subscriber, depending on the type of subscription;
- ensure use of advanced search;
- enable selection of an unlimited number of search criteria; and
- ensure the possibility of downloading tender documentations if available.
Compensation for damage
- Compensation claims against Narodne novine d.d. will not be accepted unless the damage was inflicted intentionally or due to extreme negligence.
- Any warranties as to use of the advanced search system, data and documents stored in terms of accuracy, including any deadlines, completeness, legality or accurate representation are excluded. The same applies to errors in data or document transfer, primarily in the transfer between an advanced search user and the IT system of the Electronic Public Procurement Classifieds of the Republic of Croatia.
- Exclusion of liability also includes liability for simple negligence for damage sustained due to interruptions in the work of advanced search, loss of data and/or information, interruptions in the work of the data processing hardware, software issues, loss of earnings, missed savings, interest-related losses and indirect damage and property damage.
- Compensation claims for material damage resulting from a manufacturer's warranties, inlcuding claims concerning a manufacturer's warranties, which may be derived from other provisions, must be addressed directly to the manufacturer.
End of subscription
- Subscription ends with the expiry of the period covered by the paid subscription fee, unless the subscriber has renewed the subscription for the following period prior to expiry.
- Subscription may also end by termination of contract.
- In the event of termination of contract for reasons which are the responsibility of Narodne novine d.d., the subscriber is entitled to a refund of the part of the subscription fee covering the unused subscription period. Contract termination will take effect on the last day of the month in which the notice of termination was received by Narodne novine d.d.
- In the event of termination of contract for reasons which are the responsibility of the subscriber, Narodne novine d.d. is entitled to compensation for damage in the amount covering at least the unused subscription period. Contract termination will have effect immediately, with no notice period.
Requirements for the use of advanced search
- A subscriber (advanced search user) must ensure, at his own expense, the necessary technical requirements for the use of advanced search.
- Minimum technical requirement for the use of advanced search are as follows:
- access via the public ICT network to the advanced search servers;
- an operating system which supports work on the public ICT network and enables access to the advanced search IT system by means of a standard Internet browser;
- appropriate protection for the access to the computer system used for accessing advanced search;
- appropriate protection against viruses and other malware on the computer system used for accessing the advanced search;
- software applications and tools for accessing, storing and reading documents used in the Electronic Public Procurement Classifieds of the Republic of Croatia, in line with the provisions of the Public Procurement Act.
- The subscriber (advanced search user) accepts that the advanced search software and the associated databases, functions and services are protected by copyright legislation.
- The subscriber (advanced search user) undertakes to take all necessary measures to avoid copying and/or stealing parts or whole of the software system of advanced search, including downloading of information stored in databases and reproducing document forms. The above continues to apply after the discharge of contractual relations with Narodne novine d.d., and the subscriber (advanced search user) undertakes to use downloaded documents and information only for his own purposes.
System information and accessibility
- Narodne novine d.d. shall endeavour to enable use of the services and functions at all times, with the exception of planned maintenance or unforeseen effects of malfunctions.
- The subscriber (advanced search user) is hereby advised that Narodne novine d.d. is not obliged to verify the data or documents stored in the IT system of the Electronic Public Procurement Classifieds of the Republic of Croatia in terms of deadlines, completeness, legality, usability or consistency of reproduction and that their use and applicability are the sole responsibility of the owner of such data, i.e. the person who has submitted data and documents for publication.
- The subscriber (advanced search user) accepts that all his basic data is subject to automatic processing. The advanced search user consents, without possibility of repeal, to electronic processing of all data relating to the use of advanced search services and functions for the purposes of billing and management.
- The subscriber (advanced search user) is hereby advised that, with a view to preserving quality standards or due to changes in technical and economic circumstances, Narodne novine d.d. is authorised to expand or restrict the services and functions of advanced search.
Final provisions for the use of advanced search
- The above conditions must be accepted for advanced search to be used. It is considered that, by registering with advanced search, the subscriber confirms that he has read these terms and conditions and that he fully accepts them, undertaking to adhere to its provisions.
- The court competent for any disputes arising from these terms and conditions is the Commercial Court in Zagreb. The governing law is Croatian law. Zagreb will be considered the place of fulfilment of oblications and of payment.
- Narodne novine d.d. is authorised, in meeting the requirements of these terms and conditions, to use third party services and to assign rights and obligations under these terms and conditions, in full or in part, to affiliated companies.
- Narodne novine d.d. reserves the right to amend the general terms and conditions in accordance with its business policy.