Javna naročila pri spremembah obsega del po besedilih FIDIC

slovenian

2016

volume 42, issue 2

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

When the European Commission recommended that the Republic of Slovenia uses the FIDIC texts to implement invitations to public tenders covered by the Cohesion Fund, there was no indication of serious complications upon expiry of the Operational Programme for 2007-2013. At the end of drawing of the European funds, some administrative authorities adopted the view that, due to the strict nature of Slovene public procurement legislation, a special public procurement procedure should be carried out for each amendment caused by the implementation of additional works, unforeseeable urgent works, or even more work. This article addresses the issue of conformity of the FIDIC texts with the Slovene public procurement legislation, in particular the significance and the role of Article 13 of the FIDIC Yellow and Red Books, contractual obligations of the parties to the construction contract, and the impact of the content of the construction contract on the Employer's duty to carry out additional public procurement procedures in the event of any derogations from the published technical specifications and the list of works.

25.08.2021