What is a Public Procurement / Tender?
A public tender or public procurement procedure in Bosnia and Herzegovina (BiH) is a legally regulated process through which public institutions, government bodies, and state-owned or publicly authorized enterprises invite bids to procure goods, services, or works.
The main goals are to ensure:
- Transparency
- Equal treatment of all bidders
- Best value for public money
Legal Framework Governing Public Procurement in BiH
Public procurement in BiH is primarily governed by the following:
- Law on Public Procurement of Bosnia and Herzegovina – the core legislation outlining procedures, rights, and obligations of both contracting authorities and bidders.
- Standard Tender Documentation Models – developed by the Public Procurement Agency of BiH to assist both contracting authorities and bidders.
- Regulations on complaints, tender documentation access, submission deadlines, publication requirements, and award criteria.
Types of Procurement Procedures
Depending on the value, complexity, and nature of the procurement, different procedures can be used, such as:
- Open procedure
- Restricted procedure
- Negotiated procedure (with or without prior publication)
- Competitive dialogue
- Design contest
- Framework agreements
- Low-value procurement procedures (e.g., direct agreement, simplified procurement)
Thresholds and When Each Procedure Applies
Understanding procurement thresholds is essential. These are the minimum contract values that determine which procedure must be used:
- For example, when the value of goods or services exceeds a certain amount (depending on whether it’s a state, entity, or cantonal institution), open, restricted, or negotiated procedures with publication are mandatory.
- Below those thresholds, simplified procedures like direct agreement or competitive requests may be applied — these are faster and less formal.
Steps for Bidders – How to Participate in a Tender in BiH
To successfully submit a bid for a tender in BiH, a company or individual must:
- Monitor tender announcements – especially via the official BiH Public Procurement Portal (E-Procurement) and other media.
- Download tender documentation – available only after it’s officially published on the portal. If a bidder doesn’t download the documents, their bid may be rejected.
- Track any amendments – if changes are made to the documentation, you must download and use the updated version.
- Prepare your bid carefully – include all required documents, certificates, and meet both technical and financial criteria.
- Respect deadlines – for bid submission, clarifications, and possible complaints.
- Understand the complaint process – if you believe the process was unfair or unlawful, you have the right to file a complaint to the Procurement Review Body (PRB) or another competent authority.
Common Challenges and Questions
- “Professional Complainants” – Some companies file complaints over procedural errors primarily to delay or profit from the process, rather than to win contracts. This affects system efficiency and is an ongoing issue.
- Transparency and access to documentation – Recent improvements now make documents public via the portal, especially after the tender process is complete.
- Anti-corruption efforts – Issues like favoritism, questionable bids, and lack of competition are still prevalent. The legal framework is evolving to address these challenges.
Tips to Increase Your Chances of Winning a Tender
- Thoroughly review all technical, financial, and qualification requirements in the tender documentation.
- Submit a complete and well-organized bid – incomplete or poorly structured bids are often disqualified.
- Showcase experience and references from similar projects.
- Monitor for changes to tender documents and respond accordingly — failure to use the updated version can invalidate your bid.
- Seek legal or expert advice to ensure full compliance with procurement law.
Why Hire a Law Firm for Public Procurement?
Engaging legal experts or advisors can help with:
- Legal support in preparing and reviewing bids
- Ensuring compliance with the latest procurement regulations
- Representation in complaint procedures to protect your rights if irregularities occur
For more information about the public procurement services offered by the IA Law Firm, visit Public procurements, auctions, and concessions | IA Lawfirm
