Obstruction of the Public Procurement Procedure?

Sarajevo, 17 December 2025 – After publishing the public procurement procedure for a system for biometric voter identification and for scanning ballots at polling stations, the Central Election Commission of Bosnia and Herzegovina adopted, on 27 November and 1 December 2025, a Decision and a Supplementary Decision, respectively, by which the appeal against the tender documentation filed by one appellant was partially upheld. With regard to the said Decisions, on 9 December 2025 the appellant submitted an appeal to the Central Election Commission of Bosnia and Herzegovina, which the Central Election Commission of Bosnia and Herzegovina dismissed by a Conclusion on 11 December 2025 due to a lack of legal standing  in the public procurement procedure.

Against the said Conclusion, the potential bidder has again lodged an appeal, which the Central Election Commission of Bosnia and Herzegovina will forward, together with its statement, to the Public Procurement Review Body. The Conclusion of the CEC of BiH can be viewed here.

The Central Election Commission of Bosnia and Herzegovina points out that the economic operator who has continuously lodged appeals in this procedure has not proven the existence of a legal interest to participate in the public procurement in question, nor has it, according to the available information, demonstrated that it possesses the necessary financial and technical capacities for its implementation.

The said circumstances, considered as a whole, indicate a well-founded suspicion that procedural rights are being exercised in a manner that may lead to unjustified delay or obstruction of the public procurement procedure, as well as to the undermining of the principle of equal competition among bidders, which could negatively affect the dynamics of the introduction of electoral technologies in Bosnia and Herzegovina for the 2026 General Elections.

We call upon all institutions of Bosnia and Herzegovina to, within the scope of their competences, ensure all necessary support for the successful implementation of the project of introducing specific electoral technologies into the electoral process in Bosnia and Herzegovina.

The Central Election Commission of Bosnia and Herzegovina will reiterate its request to the Public Procurement Review Body for urgent resolution of the appeal in question, with the aim of the unobstructed continuation of the process.