Aleksander Bakirov Head of Supervision Division email: aleksander.bakirovrha.gov.ee phone: [phone]

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Aleksander Bakirov Head of Supervision
Divisione-mail aleksander.bakirov_at_rha.gov.eeph
one 372 6201842 fax [phone]
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Estonian experience in the field of supervision
in Public Procurement
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Public Procurement Office
Appeal Committe
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Pursuant to the Public Procurement Act (PPA), the
Public Procurement Office(PPO) carries out state
supervision over the conduct of public
procurement in Estonia.
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The activities started 01.04.2001Total number
of employees - 5
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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.
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I. 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).

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II. 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.
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According 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.

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Pursuant 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

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The 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).

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Supervision 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

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Thank you for your attention