Supervision of public procurement procedures in Poland. Rome, 2 December 2014

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Marta Jankowska
7 lat temu
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1 Supervision of public procurement procedures in Poland Rome, 2 December 2014

Intermediary Authorities of II Level (co-financed

2 institutions Supreme Audit Office Local Accounting Chambers Managing Authorities, Intermediary Authorities, Intermediary Authorities of II Level (co-financed contracts) President of Public Procurement Office (PPO) National Appeal Chamber

3 Act of 29 January Public Procurement Law (PPL) PPL establishes rules and procedures for the award of public contracts legal protection measures supervision of public procurement procedures competent authorities President of PPO is central government authority responsible for public procurement ensures the observance of public procurement rules and carries out controls of the contract award procedures

4 checking compliance with the PPL the PPO President conducts checks of: legality of contract award procedures, i.e. a conformity of public procurement procedures with provisions of PPL from the commencement of contract award procedure to the conclusion of a contract (modifications of contracts as well) within 4 years after the conclusion of the contract checks are carried out on the premises of the Office

5 types of control checks 1. ad hoc checks (both ex ante and ex post): on request ex officio 2. ex ante checks of bigger-value contracts co-financed with EU funds

6 ad hoc control checks where reasoned presumption that in course of the contract award procedure a breach of the provisions of the act appeared which might have influenced the outcome may be preceded by an inquiry proceeding notification of commencement of negotiated procedures without publication or long-term contracts non mandatory

7 ex ante control checks mandatory in the case of contract award procedures for: supplies or services whose estimated value =/> 10 mln EUR works =/> 20 mln EUR co-financed with EU funds however on request of managing authority PPO may refrain therefrom within 14 (30) days from the submission of documentation

8 control checks factual state of the case established on the basis of the whole evidence gathered, in particular award procedure documentation explanation of the head and employees of the contracting authority experts opinions and explanations impartiality guaranteed: exclusion of PPO officials in certain circumstances

9 results of PPO checks results of ex ante control checks: lack of infringements formal infringements confirmation of infringements which might have influenced the outcome of the procedure recommendation to remove the infringements recommendation to cancel the procedure

10 results of PPO checks results of ex post control checks: confirmation of infringements which might have influenced the outcome of the procedure notification of violation of public finance discipline financial penalty recourse to the court for the annulment of the contract formal infringements lack of infringements

11 results of obligatory ex ante checks in ,5 % 6,5 58 lack of infringements serious infringements formal infringements

12 Results of ad hoc checks in 2013 % 18, ,5 lack of infringements serious infringements formal infringements

13 percentage of checks where infringements were found , obligatory ex ante checks ad hoc checks

14 reasoned objections contracting authorities have the right to lodge reasoned objections to the PPO President within 7 days from the submission of information on the result PPO President shall examine them within 15 days from the date of receipt in case of countering the objections the PPO President forwards them for an opinion to the National Appeal Chamber opinion of the National Appeal Chamber is binding for the PPO President

15 PPO control checks in numbers requests for a control check (mostly economic operators) 1249 dismissed (out of which 583 after an inquiry proceeidng) 72ad hoc control checks initiated 97 ad hoc control checks completed notifications of commencement of negotiated procedures without publication or long-term contracts 50 control checks 591 inquiry proceedings

16 PPO control checks in numbers in 2013, the PPO President completed in total 376 control checks of contract award procedures: 229 obligatory ex ante checks 147 ad hoc checks over 41,7 billion PLN total estimated value of contract award procedures subject to control checks (out of 143,2 billion) 40,86 billion PLN the value of contracts subject to obligatory ex ante checks in ,9 million PLN the value of contracts subject to ad hoc checks

17 closing remarks obligatory control checks regardless of the risk of founding irregulaties whereas ad hoc control checks only where there is reasoned presumption of irregularities contracting authorities awarding biggervalue contracts are better prepared because: - they take extra care, knowing they will be subject to control check - they are more often controlled they know what kind of errors to avoid - they have more experienced and better trained staff

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