Almost one and a half hundred people joined the event.
Yesterday, a working meeting was held with representatives of the Western Office of the State Audit Service of Ukraine, which was attended by almost 140 authorized persons of regional customers.
The department of economic policy of the Lviv regional government informs.
Those present talked about the prerequisites, procedure and practice of procurement monitoring carried out by the state financial control body.
Monitoring takes place during the procurement procedure, conclusion of the procurement contract and its implementation.
In particular, the reasons for monitoring include:
data of automatic risk indicators;
information received from state authorities, people’s deputies of Ukraine, local self-government bodies and public associations about the presence of signs of violation(s) of legislation in the field of public procurement;
messages in the mass media containing information about the presence of signs of violation (violations) of legislation in the field of public procurement;
signs of violation (violations) of legislation in the field of public procurement detected by the state financial control body in the information published in the electronic procurement system.
They also emphasized administrative responsibility for violations of procurement legislation, considered the terms of imposing administrative fines, types of violations, and the amount of fines.
According to Article 164-14 of the Code of Administrative Offenses, both officials and heads of customers can be held administratively liable for violations in the field of public procurement. The amount of the fine and the person responsible will depend on the type of violation, which is divided into two categories – significant and non-significant.
Minor violations include:
violation of the procedure for determining the subject of purchase;
untimely provision or failure to provide explanations by the customer regarding the content of the TD;
the tender documentation is not prepared in accordance with the requirements of the law;
the amount of security for the tender proposal exceeds the limits defined by law;
non-disclosure or violation of the deadlines for disclosing information about purchases;
non-disclosure or violation of the procedure for disclosing information on purchases made in accordance with the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine, Aimed at Preventing the Occurrence and Spread of the Coronavirus Disease (COVID-19)”;
failure to provide information and documents in cases provided for by law;
violation of the terms of consideration of the tender offer.
In such cases, the auditors independently draw up a report on minor violations and decide on the imposition of a fine, the amount of which is equal to 100 tax-free minimum incomes of citizens — 1,700 hryvnias.
Significant violations include:
purchase of goods, works and services before/without carrying out procurement procedures/simplified procurement in accordance with the requirements of the law;
the use of competitive dialogue or bidding with limited participation, or a negotiated procurement procedure on conditions not provided for by law;
non-rejection of tender offers that were subject to rejection in accordance with the law;
rejection of tender offers on grounds not provided for by law or not in accordance with the requirements of the law (unreasonable rejection);
conclusion of a procurement contract with the participant who became the winner of the procurement procedure, the terms of which do not meet the requirements of the tender documentation and/or the tender offer of the winner of the procurement procedure;
making changes to the essential terms of the purchase contract in cases not provided for by law;
entering unreliable personal data into the electronic procurement system and not updating it in case of a change;
violation of the terms of publication of tender documentation.
In such cases, the amount of the fine is from 1,500 to 3,000 tax-free minimums — from 25,500 to 51,000 hryvnias, respectively. However, it is already being imposed in court. The size is also determined by the court. Auditors only draw up a report on an administrative offense. An official of the customer is held accountable for such violations.
However, there are violations for which customer managers are also responsible:
failure to comply with the decision of the Antimonopoly Committee of Ukraine as an appeals body based on the results of consideration of complaints of the subjects of appeals, the submission of which is provided for by law (fine from 2,000 to 5,000 tax-free minimums — from 34,000 to 85,000 hryvnias);
conclusion of contracts that provide for the payment of goods, works and services by the customer before/without procurement/simplified procurement procedures defined by law (fine from 2 to 10 thousand non-taxable minimums — from 34,000 to 170,000 UAH).
Fines are imposed exclusively in court. The court also determines the amount of the fine.
We note that the powers of the State Audit Service of Ukraine do not include consideration of violations related to discriminatory requirements in the tender documentation and anti-competitive concerted actions.