Title: Aleksander Bakirov Head of Supervision Division email: aleksander.bakirovrha.gov.ee phone: 372 62018
1Aleksander Bakirov Head of Supervision
Divisione-mail aleksander.bakirov_at_rha.gov.eeph
one 372 6201842 fax 372 6311602
2Estonian experience in the field of supervision
in Public Procurement
3Public Procurement Office
Appeal Committe
4Pursuant to the Public Procurement Act (PPA), the
Public Procurement Office(PPO) carries out state
supervision over the conduct of public
procurement in Estonia.
5The activities started 01.04.2001Total number
of employees - 5
6 State supervision includesI.
Inspection of the compliance with the PPA
(including at the contracting authority premises)
despite the tendering procedure has been
terminated or notII. Making the decision or
issuing the precept by the PPO before entry into
a procurement contract if the contracting
authority has violated the provisions of the PPA
in the course of a tendering procedure.
7I. The inspection of the public procurement of
the Contracting Authority includes
- The conformity of the tendering procedure to the
provisions of the PPA - Arrangement of the tendering procedure if
according to the spending in the book-keeping
documents the cost of the procurement was above
the value threshold provided by the PPA
(avoidance of public procurement).
8II. Pursuant to the PPA, the PPO shall at
any time before entry into a procurement contract
(if the violations of clauses 1 8 are taking
place) either cancel the tendering procedure of a
state authority, city or local municipality
government or local government authority or issue
a precept to a legal person as a contracting
authority for cancelling the tendering procedure.
9According to the PPA the responsibility for
the violation of requirements in execution of
public procurements is provided for either
physical or legal persons, and the misdemeanours
of those articles shall be carried out
extra-judicially by the PPO.
10Pursuant to the Code of Misdemeanour
Procedure, the PPO may apply in the procedure of
extra-judicial proceedings of misdemeanours three
different forms of proceedings with a maximum
penaltyFor a physical person 1150 EUR For a
legal person 3200 EUR
11The most common violations
- Purchasing of goods and contracting for services
and construction work ignoring the tendering
procedure where it was compulsory - Division of public procurement into lots with the
aim to escape the established tendering
procedure - Contract award notices on simple procedure not
filed - Violation of the term for submission of contract
award notices - Other violations (the person responsible for the
procurement has not been nominated, nonconformity
of evaluation criteria to the provisions of the
PPA, nonconformity of the procurement contract to
the requirements set out in tender documents and
tender declared as successful).
12Supervision in figures - 2006
- In 2006 the PPO has inspected the compliance of
the procurements to the PPA at 62 contracting
authorities and has drawn up 55 control
statements - In the process of supervision the lawfulness of
581 executed tender procedures at different
contracting authorities was checked in the course
of which 808 different infringements of the act
were ascertained. - Altogether 52 misdemeanour procedures were
started. - In 2006 the PPO made one decision and issued 4
precepts on cancelling the tendering procedures. - The total amount of fines 6500 EUR
13Thank you for your attention