SELECTION CRITERIA AND FINANCIAL CORRECTIONS THROUGH THE PRISM OF THE CASE LAW
| Autor: | Sabin Sabev, Maria Ilcheva |
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| Rok vydání: | 2018 |
| Předmět: | |
| Zdroj: | Knowledge International Journal. 28:1625-1631 |
| ISSN: | 1857-923X 2545-4439 |
| DOI: | 10.35120/kij28051625s |
| Popis: | According to article 70 from the Law on the management of European Structural and Investment Funds, the financial support with resources form these funds can be entirely or partially revoked with a financial correction for irregularity, which might be a fault in the public procurement process, implemented with an action or inactivity on behalf of the beneficiary and would have as a result a financial damage on the resources from the European Structural and Investment Funds, as well as for other irregularity considered a violation of the applicable legislation of the European Union and/or Bulgarian legislation which is related with an action or inactivity of the beneficiary and might lead to a financial damage of the resources from the European Structural and Investment Funds.The Council of Ministers of Republic of Bulgaria has published an Ordinance for identification of irregularities, which might be considered grounds for financial corrections, together with percentage indicators for defining the scope of financial corrections according to the Law on management of resources from the European Structural and Investment Funds. In this ordinance some of the violations which lead to imposing financial corrections are related with defining the selection criteria for the potential applicants and participants in the procurement process – such as failure to publish the selection criteria on the contract notice, unlawful award criteria, award criteria which are not related with the matter of the contract or are disproportionate to the scope of contract, changing the criteria after opening the tenders which may result in incorrect acceptance or rejection of tenderers, assessing the tenderers and applicants while using unlawful and discriminatory selection criteria. |
| Databáze: | OpenAIRE |
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