SUMMARY
Monitoring activities identified certain shortcomings, remarks and inconsistencies that are common for a dominant share of public procurements from the monitoring sample. Significant share of monitored procedures are marked by several shortcomings, and high is the number of procurement procedures that have led to absurd situations and outcomes. All these raise the dilemma whether public procurements are performed only for the sake of complying with the form, without proper application of the basic principles governing public procurements, such as competition among companies, equal treatment and non-discrimination, transparency and integrity in organization and implementation of public procurements, as well as the cost-effective and efficient use of public funds. All these underline the need for establishment of control mechanisms that would prevent malpractices and violation of legal provisions in all stages of public procurements.
In certain cases, monitoring of local level public procurements revealed violations to the Law on Public Procurement that raise the dilemma whether they are made on purpose or randomly, due to insufficient knowledge of legal provisions in effect. On the other hand, legal provisions are characterized by certain ambiguities that create confusion for the entities that should enforce them and result in different interpretation thereof. Be that as it may, if certain control mechanism is in place and companies are encouraged to submit appeals, these occurrences would be reduced to an insignificant number and would be an exception rather than a rule.
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This report is made possible by the support of the American people through the United States Agency for International Development (USAID) within the USAID Civil Society Project.