Directorate of Education, Youth and Sport Briceni
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Directorate of Education, Youth and Sport Briceni

Author: Olga Diaconu

The full original version can be accessed here


A more recent case of abusive conduct on the part of a contracting authority, which generated a large number of appeals, was the tender for the procurement of capital repair works at the “Grigore Vieru” Theoretical High School, no. ocds-b3wdp1-MD-1646983111782, carried out by the Directorate of Education, Youth and Sport Briceni. In this procurement procedure, six appeals were submitted by the economic entity “Casabella Group” S.R.L., of which five were accepted, and one was rejected as belated. Most complaints concerned the fact that the contracting authority ignored the previous NASC decisions. Unhappy with the complaints, the contracting authority submitted a request before the Agency of Public Procurement for “Casabella Group” S.R.L. to be included in the ban list, on the grounds that these repeated complaints by “Casabella” Group” S.R.L. had allegedly affected their activity.

In the case outlined above, the conduct of the members of the work group within DÎTS Briceni was illegal, considering that the mandatory decisions of the NASC were repeatedly and ostentatiously violated. Every time the NASC ordered the re-evaluation of the bid submitted by the author of the complaint, taking into account the findings of its decisions, the contracting authority managed to find various tricks in order not to re-evaluate the bid submitted by the author of the complaint and repeatedly awarded the contract to its favorite bidder – “NORDGLAVSTROI” S.R.L. Regretfully, in such cases, the public procurement legal framework does not provide mechanisms for sanctioning the members of the work group who acted illegally. The only way to sanction people who have committed such violations would be in the cases where circumstances for criminal liability can be assessed.



Acest material este realizat în cadrul proiectului ”Banii Publici sunt și Banii Mei!”, implementat de Asociația pentru Guvernare Eficientă și Responsabilă AGER cu susținerea financiară din partea National Endowment for Democracy (NED).