GROUNDS FOR RECOGNIZING A PUBLIC PROCUREMENT AS FAILED
Current legislation provides for cases when a customer may declare a public procurement procedure as failed in whole or in respect of individual parts (lots) of the subject of public procurement.
Thus, in accordance with Art. 27 of the Law of the Republic of Belarus "On Public Procurement of Goods (Works, Services)", a public procurement procedure in whole or in respect of individual parts (lots) of the subject of public procurement is declared failed in the event that:
- the winning participant is not determined (no proposals were submitted, only one proposal was submitted, less than two proposals remained as a result of the consideration and rejection of proposals, except for the case of considering the second parts of the proposals of participants who made the last and penultimate bids during an electronic auction, all proposals were rejected, no participant made a bid during the auction);
- the winning participant evaded the conclusion of the contract;
- the winning participant provided information that all participants admitted to the evaluation and comparison of proposals (to bidding during an electronic auction) are affiliated persons to him.
In the event that a public procurement procedure, including in respect of individual parts (lots), is declared failed, the customer (organizer) has the right to conduct:
- a repeated public procurement procedure. In this case, the subject of public procurement and the requirements for the subject of public procurement, the requirements for participants, determined during the public procurement procedure that was declared failed, including in respect of individual parts (lots), shall not be changed;
The customer (organizer) has the right to decide to cancel the public procurement procedure in whole or in relation to individual parts (lots) of the subject of public procurement during its conduct in case of lack of funding, loss of the need to acquire goods (works, services), the emergence of the need to make changes and (or) additions to the subject of public procurement and (or) requirements for the subject of public procurement, requirements for participants, as well as in case of detection by the customer (organizer) of violations of legislation during the organization and conduct of the public procurement procedure.
In the case of conducting an open competition, an electronic auction, a procedure for requesting price proposals, the decision to cancel the public procurement procedure in whole or in relation to individual parts (lots) of the subject of public procurement, indicating the reasons for cancellation, shall be posted by the customer (organizer) on the electronic trading platform no later than one working day following the day such decision is made. Operators of the electronic trading platform and the state information and analytical system shall ensure the posting of such decision in the state information and analytical system. The operator of the electronic trading platform shall ensure the sending of relevant notifications to participants.
In the case of a closed tender or a single-source procurement procedure, the customer (organizer) shall send a decision to cancel the public procurement procedure as a whole or in respect of individual parts (lots) of the public procurement subject, indicating the reasons for cancellation, to the participants no later than one working day following the day such decision is made.
In the current year, during the monitoring of electronic trading platforms, the prosecutor's office of the Miory district identified violations of the legislation on public procurement in two agricultural organizations of the district.
In particular, during the monitoring of the electronic trading platform, it was established that the documents for the request for price proposals do not comply with the requirements established by the legislation, and the invitation to participate in the procurement procedure unreasonably provides for the application of a preferential amendment.
Based on the orders issued by the district prosecutor's office, procurement procedures conducted in violation of the legislation, amounting to over 71 thousand rubles, have been canceled.