Annex
to point 1
INTERNAL RULES
For implementation of monitoring under Art. 114, sub. 1, p. 2 from Rules for
Implementation of Public Procurement Law
Art.1. With these internal rules are laid down the conditions and procedure for
implementing of monitoring through checks of specific public procurement procedures.
Art.2. (1) The checks under Art.1 cover procedures under Art. 18, sub.1, p.1 from
Public Procurement Law (PPL), initiated by public contracting authorities with the
following objects and values:
1. construction – over 10 000 000 Bulgarian leva
2. deliveries and services – over 500 000 leva
(2) From the scope of the checks under Art.1 are excluded:
1. framework agreements, concluded by Central Purchasing Bodies and contracts
awarded through using of these agreements;
2. medicinal products within the meaning of the Law on Medicinal Products in Human
Medicine and medical devices within the meaning of the Law on Medical Devices.
3. procedures, chosen for control under art. 232, sub.1 from PPL
Art.3. The aim of the checks referred to in Art. 1 is verifying compliance with the
requirements and principles of Art. 2 from PPL, as well as taking action to overcome the
systemic mistakes or unlawful practices in contracting authorities.
Art.4. For carrying out the check, from the published in the Public Procurement
Register (PPR) during the previous working day procedures, which comply with the
conditions under Art. 2, sub. 1, each working day one procedure is selected.
Art.5. The choice of procedure under Art. 4 shall be carried out in the following order:
1. the sum of open procedures, in accordance with the object of the contract shall be
divided into two groups as follows:
a) first group, which includes public procurements with object construction;
b) second group, which includes public procurements with object and object deliveries
and services.
2. it is determined the public procurement with highest estimated value above the
threshold referred to in Art. 2, sub. 1 for each of the two groups;
3. for public procurement with object construction shall apply the formula:
RICP = (EVCP/10 000 000)* 100
where:
RICP is Relevance Indicator of the Construction Procurement, applicable to the
threshold laid down in Art.2, sub.1, p.1;
EVCP is Estimated Value of the Construction Procurement in Bulgarian leva.
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10 000 000 is the laid down in Art.2, sub. 1, p.1 threshold in Bulgarian leva to which
is compared the estimated value of the specific public procurement;
4. for public procurement with object service or delivery shall apply the formula:
RIDSP = (EVDSP/500 000)* 100
where:
RIDSP is Relevance Indicator for Delivery or Service Procurement;
EVDSP is Estimated Value of the Delivery or Service Procurement in Bulgarian leva;
500 000 is the laid down in Art.2, sub.1, p. 2 threshold in Bulgarian leva to which is
compared the estimated value of the specific public procurement;
5. the values obtained under p. 3 and p. 4 are compared;
6. the public procurement which indicator has higher value is determined as subject to
check.
Art.6. The Minister of finance may specify by order group of public procurement
procedures with similar subject matter, or contracting authorities which procedures are
audited. In the order is indicated also the period for audit of such public procurements.
Art.7. In the cases under art. 6 in implementation of the procedure under art. 5 in the
set are included only the procedures defined with the order. When the procedures are with
the same subject matter, the procedure under art. 5 does not apply. In this case is selected
the procedure with the highest estimated value.
Art.8. The Minister of finance may assign by order of the Executive Director of the
Public Procurement Agency performing of check of certain procedure or procedures
because of substantial public interest, high estimated value or doubts in the legality of the
actions of the contracting authority.
Art.9. In the cases under Art. 8 until the exhaustion of the procedures defined with
the order, Art. 5 and Art. 6 do not apply.
Art.10. When there are no procedures defined under the orders under Art. 6 and Art.
8, shall apply the procedure under Art. 5.
Art.11. The checks referred to in Art. 1 cover the following documents:
1. the decision to open the procedure;
2. the notice, be made with the opening of the procedure;
3. notice of the amendment or additional information;
4. the methodology for the evaluation;
5. technical specifications.
Art.12. (1) The opinion for the results of the audit shall be made within 10 days
period of the expiry of the period for amending the conditions under Art. 100 from PPL,
but not later than the time limit for the receipt of tenders.
(2) The opinion referred to in sub. 1 shall be published on the Public Procurement
Portal, indicating a link to the unique identification number of the procedure in the PPR.
Art.13. The opinions of the checks carried out shall be deleted from the Public
Procurement Portal after three years from the end of the year in which they are published.
Art.14. The opinions of the checks carried out on paper shall be kept for a period of
2 years from the expiry of the time limit under Art. 13.
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Art.15. The Executive Director of Public Procurement Agency annually summarizes
and analyzes the results of the checks carried out.
Final provision
Sole paragraph. These rules shall be approved pursuant to Art. 114, sub. 4 from The
Rules for Implementation of the Public Procurement Law.
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