Contacts

Managing Authority
67, William Gladstone Str.
1000 Sofia
Fax: +359 2 988 4820

ope@moew.government.bg
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Feb 20, 2010

PROJECTS WITH REGISTERED IRREGULARITIES IN THE PUBLIC PROCUREMENT PROCEDURES

The Managing Authority provided the following explanations regarding the implementation of the projects financed under Operational Programme Environment 2007 - 2013 which are characterized by registered irregularities in the announcement and performance of public procurement procedures:

If it is found that there have been irregularities in the performance of public procurement procedures and that agreements with contractors have been concluded as a result of such procedures, irregularity shall be registered for the specific project, and on the grounds of Section IV (Assignment of Public Orders) of the General Terms and Conditions of the Grant Contract, the Contracting Authority shall be entitled to refuse reimbursement of any expenses incurred by the Beneficiary in connection with the respective public procurement procedure. In view of the fact that the performance of partial verification is not possible for the time being, the payments under the agreements with non-complying counterparts have been stopped.

Following the conclusion of annexes to the grant contracts, the Contracting Authority will be able to use mechanisms for imposing financial corrections, in accordance with the Guidelines of the European Commission on determining financial corrections to be made to expenditure co-financed by the Structural Funds or the Cohesion Fund for non-compliance with the rules on public procurement, where possible, based on the specific violations.

The Guidelines of the European Commission, which can be found here, shall be in effect until the adoption of a National methodology for imposing financial corrections under the operational programmes co-financed by the structural instruments of the European Union.