Purchase correctly
The requirements of Part 2 of Article 15 of the Law "On Combating Corruption" oblige state organizations, in the manner established by legislative acts, to hold tenders, auctions, or other procedures provided for by legislative acts when making decisions on procurement.
The enterprise, when carrying out procurement in construction activities, is guided by the regulation on the procedure for selecting contractors for works, services, and suppliers of goods in construction activities at the expense of its own funds of OJSC, which provides for a single competitive procedure – the contractor selection procedure.
At the same time, procurement for the construction activities of the enterprise, posted on the website, is carried out during negotiations, which does not comply with paragraph 18 of point 2 of the specified local act.
During the procurement procedures, references are made to legislative norms for state procurement that have lost their validity.
Facts of non-compliance with the 10-day period established by the regulation for the preparation and submission of proposals for procurement have been identified.
In some cases, documentation for the study of price proposals was improperly executed.
In some procurement case files, documentation proving the analysis of price proposals (certificates, memos) is missing.
When the enterprise carries out procurement in construction activities at its own expense, the source of procurement financing is incorrectly indicated.
Facts of incorrect compilation of documentation for selection procedures, as well as the indication of necessary details on the website, are noted.
For example, the documentation for selecting a contractor lacks information about the participants' right to withdraw their proposal before the commission meeting for opening the envelopes with participants' proposals, which
contradicts the requirements of clause 41.3 of the Regulations, draft agreements (clause 43.2 of the Regulations violated).In violation of clause 2.10 of the Resolution of the Council of Ministers of the Republic of Belarus of March 15, 2012 No. 229 "On improving relations in the field of procurement of goods (works, services) at the expense of own funds" (hereinafter - Resolution No. 229), when carrying out procurement, the name and location of each participant are not always indicated with the prices of their proposals, including participants whose proposals were rejected, with the reasons for rejection.
Cases have been identified where information on the conclusion of an agreement with the winner of the competition was not posted on the icetrade.by website.
In procurement procedure No. 2021-939757 dated 02.11.2021, on the website in the section "Notification of the result of the procurement procedure", the line "Other participants and prices of their proposals" indicates the enterprise with which the agreement was concluded, instead of the enterprises that participated and lost in the procurement procedure.
It has also been established that in violation of the requirements of part 2, sub-clause 2.10, clause 2 of Resolution No. 229, the enterprise has not posted in the public domain in the "Tenders" information system information on the total cost of agreements (including by goods (works, services)) concluded in the II, III, and IV quarters of 2021 based on the results of procurement procedures, as well as the country of origin of goods (works, services) acquired under such agreements.
The identified violations of the legislation do not ensure the openness and transparency of the procurement process carried out by the enterprise, limit fair competition among potential suppliers (contractors, executors), and also contribute to the emergence of corruption manifestations in the noted sphere.
In order to eliminate the committed violations, the Vitebsk Transport Prosecutor's Office has submitted a representation to the head of the enterprise on eliminating violations of the legislation on the procurement of goods (works, services), the causes and conditions contributing thereto. Based on the results of the consideration of the representation, a number of officials have been brought to disciplinary responsibility.
Senior Assistant of the Vitebsk Transport Prosecutor, Junior Counselor of Justice E.A. Kazakova