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Today, the Center for Civic Communications presented the fourth quarterly Report on the results of the public procurement process monitoring, which besides the regular analysis of public procurement procedures, also contains an analysis of the legal protection in the public procurement procedures. The report, inter alia, noted:
- Despite its legal obligation, some state institutions, including ministries, did not provide a notification for an agreement for public procurement to the Public Procurements Bureau.
- The number of government institutions that are not providing data to the Public Procurements Bureau on the incurred costs of 20,000 or 50,000 euros for the procurement of goods and services is increasing.
- The problem with the delays in reaching the decision to choose the most favorable bid is getting worse. Out of a total of 40 monitored public procurement procedures in this quarter, a decision for choosing the best offer has not been made in 13 cases (33%), and the time delay for reaching a decision in these procedures ranges from 50 to 120 days.
- The problem with the nullification of public procurement procedures is being mitigated. Out of a total of 40 public procurement procedures, 7 procedures have been completely or partially annulled (17.5%), leading to a certain mitigation of this problem compared to the previous quarter, when 25% of the procedures were annulled.
- Although increased, the usage of the electronic public procurement system in the last quarter of 2009 is still not on a satisfactory level. In 2009, only 2.5% of the procedures have been conducted through the electronic public procurement system, which calls into question the preparedness for the realization of the legal obligation – starting from next year, to make the share of electronic auctions 30% of the total value of the public procurements.
- The number of appeals on public procurements, submitted by companies in the last 6 months has been increased. The economic operators (companies) are disputing the decisions of the contracting authorities (state institutions) for the selection of the best bidder more and more often. The State Commission for Appeals on Public Procurements accepts the appeals, or finds them to be justified (every fourth appeal is accepted). This indicates that the contracting authorities are violating the legal provisions more and more, i.e. that they are making mistakes in the procedures.