Public Procurement Management - Solutions to Minimize the Risk of Irregularities

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

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... (see full summary)

 
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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.

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