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Guide regarding main risks identified in public procurement and recommendations of EC

In the Official Gazette of Romania, part I, no. 481 of 1st August 2013 was published The Order of Minister of European Funds, Deputy Prime Minister, Minister of Regional Development and Public Administration, Minister of Environment and Climate Change, Minister of Economy, Minister of Labour, Family, Social Security and Older People, Minister of Transports no. 543/2366/1446/1489/1441/879 for approving the Guide regarding the main risks identified in public procurement and the European Commision’s recommendations which must be followed by the managing authorities and intermediate authorities in the verification process of public procurement procedures.

The Guide identifies a number of deficiencies in the process of verification the procedures for procurement financed from structural instruments and indicate how they should be treated.

Among the risks identified, we mention:
– unjustified reduction of terms due to the publication of a contract notice;
– selection of an accelerated procedure for the assign of contract;
– publishing discriminatory criteria for qualification and selection, insufficiently detailed or incomplete;
– using the assingment criteria “the most advantageous offer in terms of economy” including evaluation factors irrelevant and /or non-quantifiable;
– automatic exclusion of the bidder with the lowest price in order to compensate/justify the potential problems that may arise in the subsequent development of contract, which shows that the project was poorly conceived and prepared.
– modification of notice contract by clarifications, not by publishing a corrigendum;
– dismissal of application for changing the deadline for submission of bids;
– requesting clarifications during the evaluation process of application/bids in a discriminatory manner (breaking the principle of equal treatment)
– the lack of informations required to be contained at the level of communication regarding the results of assignment procedure, situation that leads to the filling of appeals.

The Guide also includes mentions reffering on:
– amending of works contract assigned by the procedure of public procurement;
– identify conflict of interest;
– recommendations regarding the management of assigning procedure (applicable to beneficiaries);
– recommendations regarding identifying risks in the process of verification of procurement procedures.

:: The source: JURIDICE.ro

Robert Balasa

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