New Rules for Supervision over Public Procurement Procedures from January 1 – Budget Inspection to Check Tenders by Method of Random Choice

The Ministry of Finance has adopted the Rules on the manner of conducting supervision over the implementation of public procurement procedure agreements, which applies from January 1, 2024. According to the document, the supervision will be carried out by the budget inspection, based on the insight into its own registers and the data available to it.

– The selection of the subjects and the agreements for inspection supervision is done based on the percentage of the realization of the agreements, changes made to the agreements, an even geographic distribution, the type of users of public resources, the value of all the signed agreements and the number of signed agreements – the document says.

The choice, it is added, may be random.

Inspection supervision begins when the budget inspector serves an order to the responsible person of the procuring entity, and then determines whether it has regulated, in more detail, by a special act, the manner of planning, the conducting of the public procurement procedure and the following of the implementation of the public procurement agreement (the manner of communication, rules, regulations and responsibility of the persons and organizational units), the manner of the planning and execution of procurement procedures to which the law does not apply, as well as the procurement of social and other special services in line with the Law on Public Procurement Procedures.

The procuring entity is obligated to provide the budget inspector with all the necessary documentation from which facts can be determined, such as the agreement on the public procurement procedure or the framework agreement, the documentation about the selected bid, changes to the agreement, invoices, bills…

– If, during the inspection supervision procedure, activities and unlawful doings are determined, for which there is basis for suspicion of a committed criminal act or corporate misdemeanor, the budget inspector files criminal charges, that is, corporate misdemeanor charges, to the competent public prosecutor’s office, or a notification with the proof that there is basis for suspicion of a committed criminal act or corporate misdemeanor – the rulebook says.

Also, it is added, if unlawful conduct is determined, punishable as an offense by the law or another regulation, the budget inspector files a request for the initiation of offense proceedings to the competent court.

The Rules on the manner of conducting supervision over the implementation of public procurement procedure agreements can be viewed in the PDF file below.

I. Z.

Click for the PDF file.

Ministarstvo finansija Republike Srbije

Ministry of Finance

Rules on the manner of conducting supervision over the implementation of public procurement procedure agreements

budget inspection

supervision over tenders

tenders

public procurement procedures