Public Procurement Agency: Three entities decided the law does not apply to them

(Patria) - The Public Procurement Agency issued a press release calling on all media and other actors to get involved and help resolve the situation where three entities in Bosnia and Herzegovina have decided that the Public Procurement Law does not apply to them, all without legal basis and despite meeting all legal criteria that require them to apply this law.

"In Bosnia and Herzegovina, three entities have decided that the Public Procurement Law does not apply to them. Without legal basis. Although they meet all legal criteria that require them to apply the law, as confirmed by audit and prosecutorial findings.

When the Agency, loudly and clearly, asked why the law was not being applied – these entities sent numerous complaints against the Public Procurement Agency. The goal? To divert attention. To obscure responsibility. Now the question is: can someone abolish the law for themselves, and will we as a society allow it?

We are shocked that some state institutions, through their actions, are siding with these entities, not with the law and public interest. One of the entities was even removed from the system in 2015 by the then management of the Agency – without any procedure, outside the law.

Imagine the state removing a taxpayer from the system. Unthinkable. But that is exactly what happened in the public procurement system in 2015.

The current management of the Agency only learned about this at the end of 2023, thanks to an investigative journalist. Since then, there has been a struggle to get that entity back into the system. However, in April 2025, the appeals board made a decision beyond its jurisdiction – to remove the same entity again.

The case is now before the Court of Bosnia and Herzegovina. The key question remains: Who decides whether someone is or is not subject to the law? If it's not the Court. If it's not the Agency. Then who is? The other two entities have not been applying the law since the end of 2022 and the beginning of 2023. The Agency has never removed them from the system.

Data on these cases are available upon request, in accordance with the Law on Free Access to Information.

The Agency continues to defend legality, equality, and the integrity of the system. Because the system only exists as long as we all play by the same rules. Public funds belong to the citizens. Not to individuals," the Agency stated.