Croatia recently celebrated its eleventh birthday as a full member of the European Union, and thus also eleven years of utilizing funds from structural funds. We have already made significant strides into the second financial perspective. Regardless of the activity you are engaged in, you have certainly found yourself at least once in a conversation on the topic ‘How could I draw some funds?’. Many such conversations have turned into project ideas for which quality project applications have been developed. And finally, you have reached the moment when you literally hold your project idea in your hands in the form of a grant agreement. However, no matter how poetic this sounds, in reality, your bank account, or now the project account, has not seen a single euro of grant funds.
At the center of our interest is precisely that moment when you are in a position to lay a solid foundation for the successful implementation of the project, i.e., define the path and plan on how to realize the project idea and achieve the right to co-financing of costs. And we will not beat around the bush: it is a long road paved with many reports and extensive administration.
A Good Plan Is Half the Work
One of the first obligations after signing the grant agreement is to submit the procurement plan to the control body. Although the procurement plan is legally mandatory in public sector bodies, it should also be specifically adopted at the project level, regardless of whether you are a user of grant funds from the private or public sector. Control bodies in the guidelines for users of grant funds have set the definition of the procurement plan as a tool for realizing planned investments. It encompasses all procurements that need to be executed for the implementation of the project, regardless of whether they are completed, planned, or ongoing. For this so-called tool to fulfill its function, it is important to understand its purpose and content.
The general conditions of the grant agreement define procurement as the procurement of works, goods, and/or services for the needs of the project that is the subject of the agreement, and is carried out in accordance with the provisions of the Public Procurement Act or according to the Rules on the Implementation of Procurement Procedures for Non-Obligated Public Procurement Act (NOJN), which are, if applicable, an integral part of the grant agreement. While users of grant funds from the public sector are familiar with the terms of procedures and public procurement and simple procedures, in the private sector, they often do not understand the mandatory procedures for their implementation.
Efficient Spending Is Required
It is understandable that in regular business operations, relationships between buyers and suppliers are developed, and over the years of business, some suppliers or brands become preferred. However, with the signing of the grant agreement, the buyer, i.e., the contracting authority, is also a user of public funds, which is why it is necessary to take care of the rational and efficient spending of the allocated funds so that the goods, works, and services they procure correspond to the project purpose. Rational and efficient spending implies adherence to basic principles such as avoiding conflicts of interest, proportionality, equal treatment, and prohibition of discrimination, as well as rational and economical spending of funds. In translation, in projects, it is necessary to step out of the usual frameworks of regular business and openly approach the market.
In accordance with the aforementioned principles, certain financial thresholds are set for the implementation of procedures according to the type of procurement, which differ depending on the Rules for Non-Obligated Public Procurement Act that are in force or the program from which the project is co-financed.
Procurement Thresholds
The threshold for the procurement of goods and services according to the applicable rules for NOJN is 53,100 euros excluding VAT, and for works, it is 132,700 euros excluding VAT; the thresholds in the implementation of the National Recovery and Resilience Plan (NPOO) have also been raised to 132,720 euros excluding VAT for the procurement of goods and services and 663,600 euros excluding VAT for the procurement of works. This means that goods, services, and works up to a certain threshold can be procured through a procedure with a single bidder; however, if the estimated value exceeds a certain threshold, a call for tenders must be published. Depending on the conducted procedure, the contracting authority issues a purchase order or concludes a procurement contract.
A public call for tenders defines the basic information about the subject of procurement so that bidders are provided with all necessary information such as technical specifications and/or job descriptions and all relevant technical details. Mandatory data also includes information about quantity, deadlines, and delivery parity, place of execution, and payment method. The contracting authority may set conditions of capability for potential bidders, and it is necessary to determine how the bids will be evaluated. The criterion for selecting bids may be the lowest price or the economically most favorable bid (best value for money based on quality, technical advantages, functional features, etc.). The call for tenders is published on a website that is, again depending on the program and call, defined in the Rules for NOJN and allows all potential bidders simultaneous information about the published call for tenders.
