(Emblem) OFFICIAL GOVERNMENT GAZETTE of the HELLENIC
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(Emblem) OFFICIAL GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC 9 March 2021 1ST ISSUE No. 36 LAW No. 4782 Modernization, simplification and reform of the public procurement regulatory framework, specifications on the procurement for defense and security and other provisions for development, infrastructure and health. THE PRESIDENT OF THE HELLENIC REPUBLIC We issue the following law adopted by the Parliament: TABLE OF CONTENTS PART A’ ISSUES OF PUBLIC PROCUREMENT, SERVICES AND WORKS CONTRACTS CHAPTER A’ DEFINITIONS Article 1 Definitions - Amendment of the title and par. 1, 2, 3 and 4 of article 2 of Law 4412/2016 CHAPTER B’ AWARD PROCEDURE Article 2 Settlement of issues of appeal in a negotiated procedure without prior publication - Replacement of article 32A of Law 4412/2016 Article 3 Electronic auctions - Amendment of the title and addition of par. 11 to article 34 of Law 4412/2016 Article 4 Obligation to use - Operation of the National System for Online Public Contracts (ESIDIS) - Amendment of the title and replacement of article 36 of Law 4412/2016 Article 5 Security policy of ESIDIS - Amendment of par. 3, 4 and 5 of article 37 of Law 4412/2016 Article 6 Central Electronic Public Procurement Registry (KIMDIS) - Amendment of the title and par. 1, 2, 3, 4, 5, 6 and 10 of article 38 of Law 4412/2016 Article 7 National Central Purchasing Bodies and public procurement planning - Amendment of the title and replacement of article 41 of Law 4412/2016 Article 8 Procedures for the award of contracts with contracting authorities from different Member States - Amendment of par. 2 of article 43 of Law 4412/2016 Article 9 Technical adequacy of contracting authorities in public works and studies contracts - Amendment of par. 1 and 3, deletion of par. 2 of article 44 of Law 4412/2016 Article 10 Preparation and keeping of a public procurement dossier - Amendment of the title and par. 1, 2, 3, 4, 7 and 8, deletion of par. 5 and 6 and addition of par. 9 to article 45 of Law 4412/2016 Article 11 Preliminary market consultations - Amendment of the title and replacement of article 46 of Law 4412/2016 Article 12 Rules for conducting preliminary market consultations - Replacement of article 47 of Law 4412/2016 Article 13 Previous involvement of candidates or tenderers - Replacement of article 48 of Law 4412/2016 Article 14 Adequacy of budget, maturity, studies - Replacement of article 49 of Law 4412/2016 Article 15 Public works contracts with study evaluation - Amendment of the title, par. 1, 2 and 5 and addition of par. 6, 7 and 8 to article 50 of Law 4412/2016 Article 16 Content of contract documents - Amendment of the title and par. 2 and 5 of article 53 of Law 4412/2016 Article 17 Technical specifications - Amendment of the title and par. 9 of article 54 of Law 4412/2016 Article 18 Subcontracting - Replacement of article 58 of Law 4412/2016 Article 19 Publication at national level - Amendment of par. 1, 2 and 6 and addition of par. 7 to article 66 of Law 4412/2016 Article 20 Information for candidates and tenderers - Addition of par. 4 to article 70 of Law 4412/2016 Article 21 Guarantees - Amendment of the title and replacement of article 72 of Law 4412/2016 Article 22 Grounds for exclusion - Amendment of the title and replacement of article 73 of Law 4412/2016 Article 23 Exclusion of an economic operator from public procurement - Amendment of the title and replacement of article 74 of Law 4412/2016 Article 24 Selection criteria in procedures for the award of a public works contract - Replacement of article 76 of Law 4412/2016 Article 25 Selection criteria in procedures for the award of a public study contract or the provision of technical and other related scientific services - Replacement of article 77 of Law 4412/2016 Article 26 Reliance on the capacities of other bodies - Amendment of par. 1 of article 78 of Law 4412/2016 … Article 220 Extension of building permits in earthquake-stricken and fire-stricken areas - Amendment of par. 4 of Law 4258/2014 Paragraph 4 of article 11 of Law 4258/2014 (A’ 94) is amended and worded as follows: “4. The validity of building repair permits in earthquake-stricken and fire- stricken areas that according to special regulations of ministerial decisions authorized by Law 1190/1981 (A’ 203), which had not expired on 01.03.2011, shall be extended until 31.12.2021. The Minister of Infrastructure and Transport may by his own decision extend the above deadline, if required, up to three (3) years from its expiration.”. CHAPTER H’ OTHER PROVISIONS ON THE JURISDICTION OF THE MINISTRY OF DEVELOPMENT AND INVESTMENTS Article 221 Extension of the suspension of auctions for fire victims The execution of any act of enforcement concerning movable and immovable property to the detriment of natural or legal persons who fall or have fallen temporarily or permanently in an unforeseen state of emergency due to the fires that hit areas of the Attica Region on the 23rd and 24th of July 2018 shall be suspended, in particular the execution of auctions, seizures, expulsions (evictions) and personal detentions, along with the deadlines for lodging oppositions and applications concerning the enforcement proceedings from 25.01.2021 to 25.01.2022. Article 222 Tax-free, inalienable and unseizable aid to be paid under the NSRF co- funded action "e-retail - Subsidy of existing SMEs in the retail sector, for the development/upgrade and management of an e-shop" For the duration of the emergency measures to respond to the risk of spread of the coronavirus COVID-19, and in any case not beyond December 31st, 2021, the aid to be paid under the NSRF co-funded action "e-retail - Subsidy of existing SMEs in the retail sector, for the development/upgrade and management of an e- shop" shall not be subject to any tax, fee, contribution or other withholding in favor of the State, including the special solidarity levy of article 43A of Law 4172/2013 (A’ 167), shall be inalienable and unseizable in the hands of the State or third parties, by way of derogation from any other general or specific provision to the contrary, shall not be bound and offset by established debts to the State, legal persons under public law, local authorities and their legal entities, insurance funds and credit institutions. The beneficiaries of this aid shall be exempted from the obligation to provide a tax and a social security clearance certificate for their participation in the actions and the receipt of the aid. Article 223 Procedure for calculating legal interest in cases of recovery of an amount of aid given to investment plans of Laws 1892/1990, 2601/1998 and 3299/2004 1. If, during the application of Laws 1892/1990 (A’ 101), 2601/1998 (A’ 81) and 3299/2004 (A’ 261), the partial or total reimbursement of the amount of aid paid is decided, increased by the amount of the legal interest from the respective payment and at any time until the drawing up of the monetary list, the amount of interest, requested by the Greek State, may not exceed forty percent (40%) of the amount of the capital to be recovered. 2. Par. 1 also shall also apply to decisions for the recovery of aids paid for interest amounts, which have been established in cash by the competent services of the tax administration. For the application of the present law, the interested parties shall submit, within an exclusive period of six (6) months from the publication of the law to the host institutions of investment plans, through the State Aid Information System (PSKE), a request for recalculation of the total amount to be recovered, adjusting accordingly the amount of legal interest in accordance with par. 1. The request for recalculation shall be sent to the competent services of the tax administration for the issuance of the relevant cash certificates, under articles 55 et seq. of the Presidential Decree 16/1989 (A’ 6). 3. Amounts of interest regarding the decisions to recover the aids paid, which have been received, shall not be refundable, unless the conditions of par. 1 shall be met and if no irrevocable decision has been issued after the exercise of the remedies provided by law before the competent courts, either against the operations of recovery of the repayment aids paid or against their cash certificates and the interested investors shall submit the request for interest recalculation of par. 2 within an exclusive period of six (6) months from the publication of this law. Article 224 Evaluators of research projects of the Ministry of Development and Investments - Addition of par. 16 to article 24 of Law 4310/2014 In article 24 of Law 4310/2014 (A’ 258) a new par. 16 is added, as follows: “16. The registered members in the Certified Evaluators Register of the General Secretariat for Research and Innovation (GSRI) of the Ministry of Development and Investments of article 27, the members of the Register of Certified Evaluators - Experts of par. 11 of article 5 of Law 4429/2016 (A’ 199), the evaluators of par. 4 of article 31 herein, as well as the evaluators of the companies to be included in the National Startup Registry of article 47 of Law 4712/2020 (A’ 146) shall not fall under article 1 of Law 3213/2003 (A’ 309) and shall not be obliged to declare assets, only from their participation in procedures of evaluation or certification of actions, proposals or calls issued by GSRI or the Special Service for Management and Implementation of Actions in the fields of Research, Technological Development and Innovation (MIA-RTDI) or H.F.R.I., from the evaluation of their research centers and institutions, as well as from the evaluation of the companies applying for their inclusion in the National Startup Registry, from the date of setting-up of the Register by virtue of Law 4712/2020 (A’ 146).”.