BulgariaPublic Procurement Act, Articles 48(5) and (6) and 70(4), accessibility in technical specifications and in the quality indicators of award
In force since .
A procurement conditions rule binding public and private bodies.
What it requires
- If you tender for a public contract whose result natural persons will use, expect the technical specifications that define the characteristics of the subject matter to be consistent with the accessibility criteria for people with disabilities, or to make it possible for people with disabilities to use the result (Art. 48(5); implements Directive 2014/24/EU, Art. 42(1)).
- Where an act of the European Union sets mandatory accessibility requirements, expect the technical specifications to refer to them; for the products and services of Article 2 of the Accessibility Requirements for Products and Services Act, the requirements of its Annex 2 are those mandatory accessibility requirements (Art. 48(6) of the Public Procurement Act; Art. 59 of the Accessibility Requirements for Products and Services Act; implements Directive (EU) 2019/882, Art. 24(1)).
- The contracting authority may use accessibility and design for all users among the quality indicators of the best price-quality award criterion (Art. 70(2) point 3 and (4) point 1).
These lines are LexLint's reading of the law's text.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a public contract whose result will be used by natural persons (Article 48(5): "Когато резултатът от поръчката ще се използва от физически лица")
- a public contract for which an act of the European Union sets mandatory accessibility requirements (Article 48(6): "Когато с акт на Европейския съюз са определени задължителни изисквания, свързани с критерии за достъпност за хора с увреждания")
What this law does
Article 48(5) requires the technical specifications to be consistent with the accessibility criteria for people with disabilities, or to allow people with disabilities to use the result, when natural persons will use the result of the contract. Article 48(6) requires the technical specifications to refer to the mandatory accessibility requirements that an act of the European Union sets.
Article 59 of the Accessibility Requirements for Products and Services Act makes the accessibility requirements of its Annex 2 for the products and services of Article 2 the mandatory accessibility requirements within the meaning of Article 48(6) of the Public Procurement Act. Article 70(4) point 1 lets the quality indicators of the best price-quality award criterion include accessibility and design for all users.
When LexLint raises it
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