The regional prosecutor's office conducted an inspection of compliance with the legislation on public procurement of goods in the current year

Thus, violations of the procedure for planning public procurement and placing relevant information in the IS "Tenders" are widespread.

Often, customers unreasonably divide homogeneous goods (works, services) in annual public procurement plans, which contributes to the incorrect choice of procurement procedures, including the illegal transition from competitive procedures to single-source procurement.

For example, in the annual procurement plan of the Department of Education, Sports and Tourism of the Beshenkovichi District Executive Committee, different items reflect data on the need to purchase services for the current repair of premises and buildings of the "Orlenok" camp, with a total cost of individual homogeneous works exceeding 300 basic units.

At the same time, the customer improperly failed to take into account the estimated cost of the annual need for homogeneous goods (works, services) contained in the annual public procurement plan, and carried out single-source procurements. In addition, any documents confirming the proper study of the market situation for the selection of a contractor for general construction and installation works in the Department of Education, Sports and Tourism of the District Executive Committee were absent at the time of the inspection, which casts doubt on the proper market research and the legality of preferring the contractor's interests when concluding contracts for repair and construction work.

Numerous violations were identified in the selection of the type of public procurement procedure (in the departments of education, sports and tourism of Braslav District Executive Committee, Novopolotsk City Executive Committee, UZ "Sharkovshchinskaya CRB", UZ "Postavskaya CRB", UP "ZhKKh Postavskogo района", etc.).

A number of customers, when developing and approving tender and

auction documentation, as well as documentation submitted to participants for the preparation of price proposals, indicated requirements not provided for by current legislation, thereby violating paragraph 2 of Article 14, paragraph 2 of Article 15 of the Law of the Republic of Belarus "On Public Procurement of Goods (Works, Services)" and allowing an unreasonable restriction of fair competition, creating conditions for corruption.

For example, SE "UKS Miorsky District", when conducting an open tender to select a contractor for construction and installation work on the construction of the facility: "Five single-family residential houses of a cottage type in the agro-town of Turkivо (OJSC "Turkivо") Miorsky District", in paragraph 6 of the tender documentation, it was unreasonably indicated that to confirm business reputation, "participants must provide at least five copies of different customer reviews, including 1 review from the Committee for Architecture and Construction of the Vitebsk Regional Executive Committee, 1 review from KUP "UKS Vitebsk Regional Executive Committee". The obligation to provide reviews from specific organizations (in this case, actually from entities that are the management body and founder of the customer) restricts competition and does not ensure equal access for potential contractors.

Careless preparation of invitations and other documents submitted to procurement participants for the preparation of their proposals is allowed, which reduces the effectiveness of the procurement procedures carried out.

Facts of violations of the procedure for posting invitations and other documentation on specific competitive procurement procedures on the official website are widespread.

The most significant violations occur during the consideration of submitted proposals and the selection of the winner. These violations often entail additional expenditure of budget funds, including due to the repeated conduct of procurement procedures canceled due to violations of the proposal evaluation procedure.

For example, from the invitation of UP ZhKH "Dubrovno-Kommunalnik" to participate in the procurement of work on window installation, the technical specification, as well as the draft contract, it follows that the potential supplier is obliged not only to supply but also to install the goods at the facility.

According to the minutes of the meeting of the commission of UP ZhKH "Dubrovno-Kommunalnik" dated 04.10.2016 No. 2 regarding the specified procurement, PRSP OOO "Delta" was recognized as the winner with the lowest bid price of 5,123 rubles 98 kopecks.

At the same time, the district prosecutor's office's examination of PRSP OOO "Delta"'s bid revealed that the specified bid price includes only the price of the products.

This fact indicates that the members of the commission of UP ZhKH "Dubrovno-Kommunalnik" superficially reviewed the submitted bids of the participants during the meeting.

Overall, the results of the prosecutor's inspection and the nature of the violations identified suggest that the main reasons for these violations are insufficient knowledge of the current legislation in the field of public procurement.

At the same time, often the conditions contributing to the aforementioned violations include the lack of effective control by the heads of business entities engaged in public procurement, insufficiently effective planning of budget expenditures by local executive and administrative bodies, as well as irrational planning of economic activities by recipients of budget funds.

In order to eliminate the identified violations, 19 submissions, 13 orders were made, and 20 official warnings were issued. 4 persons were brought to administrative responsibility under Part 4 of Article 11.16 of the Code of Administrative Offenses of the Republic of Belarus.

Supervisory acts are under consideration.

Prosecutor of the Department of the Regional Prosecutor's Office Pavel Zaitsev.