Public Procurement Management - Solutions to Minimize the Risk of Irregularities

• Author: Doina Cucu, Manuela Panaitescu
• Pages: 383-391

ISSN: 2067 – 9211 Miscellaneous

383

Public Procurement Management - Solutions to Minimize the Risk of

Irregularities

Doina Cucu1, Manuela Panaitescu2

Abstract: The implementation of projects funded by structural funds must be carried out in compliance with

the legal provisions in the field of public procurement or specific procedures, depending on the nature of the

beneficiary and the quality of the contracting authority. The good progress of the public procurement process

also depends on the coherence with which it is approached by the grant beneficiary. In order to verify the

correctness of compliance with the procurement procedures carried out by the control bodies in the projects,

there may be situations when some d eficiencies are identified, according to E.G.O. no. 66/2011, which are

considered deviations / irregularities from compliance with procurement rules, and percentage reductions /

financial corrections can be applied. The paper aims at analyzing some situations identified in the practice of

some beneficiaries.

Keywords: implementation of projects; structural funds; public procurement; contracting authority

1. Introduction

Financing contracts establish the managerial framework for organizing implementation, as well as the

actual implementation of those assumed in the application for funding submitted in advance for

analysis, evaluation and approval.

In case where the financing beneficiaries are contracting authorities as defined by the legislation in the

field of public procurement (Law no 98/2016), they are obliged during the implementation of the

object of the financing contract to comply with the rules laid down for attributing public procurement

contracts. The same implementation regime also applies to the private beneficiaries of the funding, in

the case where the procurement in the financing contract exceeds a minimum threshold set by the law.

For purchases below the minimum threshold, private beneficiaries are encouraged to comply with the

procedural rules established by the funding authority, which may be a management authority or an

intermediary body.

1PhD in progress, Nicolae Titulescu University of Bucharest, Romania, Address: Calea Vacaresti, No. 185, Sector 4,

Bucharest, Romania, Tel.: +4 021.330.90.32, fax: +4 021.330.86.06, E-mail: doina_cucu@yahoo.com.

2 Senior Lecturer, PhD, Danubius University of Galati, Faculty of Economic Sciences, Romania, Address: 3 Galati Blvd.,

Galati, Romania, Tel. +40372361102, Fax. +40372361290, Corresponding author: manuelapanaitescu@univ-danubius.ro.