13 November 2024, 17:03

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The legislative framework for public procurement is changing - "A gangrene that concerns society"

The legislative framework for public procurement is changing - "A gangrene that concerns society"
The legislative framework for public procurement is changing - "A gangrene that concerns society"

POLITICS OMADA NEWS #Legal Committee #Public Contracts

Today's meeting of the Parliamentary Legal Committee focused on the need to improve the procedural framework governing public contracts, during which the General Accounting Office presented the amending regulations. Besides, at the beginning of the meeting, an ex officio topic for discussion was registered at the proposal of the DISY, regarding the legal framework of public contracts, as well as the problems that arise due to the termination of large public projects.

A note from the General Accounting Office with the amendments to the regulations, which was presented to the Commission, includes additions and changes, concerning both the approval process for changes to public contracts and the exclusion process, as well as the value of the changes, as well as the financial and to the time requirements submitted by the contracting parties.

Also, the possibility of appointing an official of another contracting authority as a Contract Coordinator is introduced, the on-site control of contract execution sites is instituted, while the case of preparing a final evaluation report for cases of contract termination is also regulated. The purpose of the amendments, as mentioned before the Commission, is to have more flexibility in the examination of changes to public contracts, but also more efficient operation of the competent bodies.

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In addition, regulations are being introduced to reduce the number of issues considered by the Central Change Committee, which currently reviews 900 issues per year. The aim is to reduce this number to 600, as for contracts worth up to €100,000, any changes or requirements will be approved by the head of the contracting authority.

During the meeting, the Audit Service requested, among other things, to specify that a contract termination report be submitted within a certain period of time, while the ETEK pointed out that the legality of the provision for on-site autopsy at the place of execution of contracts needs to be ensured, stating that abroad this done by some independent body. The OEB recognized the initiative for amendments as important, but stated that there was no consultation with the parties involved and that it is good to do so. However, AKEL Member of Parliament, Aristos Damianou, underlined during the debate in the Committee the need for the Legal Service to attend the next meetings on the matter.

In his statements after the meeting, the President of the Committee and Member of Parliament of DISY, Nikos Tornaritis, stated that the issue will be put back on the agenda in two weeks, in connection with the issue that DISY registered on the legal framework that concerns the process of concluding public contracts, the preparation and awarding and their monitoring, as well as the problems that arise due to the termination of large public contracts projects. 

With reference to the filing of regulations on this specific issue, he said that all relevant bodies, the Ministers of Finance and Communications, Transport and Works, the Accountant General of the Republic, will be invited to the meeting, in order to create a framework which will essentially protect and strengthen the public interest.

"It is an issue, a gangrene if you like, that occupies public life, public debate and of course charges the public coffers with many millions", he said and referred to the need to identify the reasons why large public projects are terminated.

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When asked by a journalist whether the proposal of the ex officio issue will be a stage for public consultation, he replied that it will not only be a stage for consultation, but also "a stage for a legislative initiative, which will result in the passing of specific legislation in Parliament, so that things will now to operate at a more sustainable level, a level that will defend first and foremost the last euro of the Cypriot taxpayer".

The Member of Parliament of DIKO, Panikos Leonidou, highlighted as one of the most serious parameters of the amendment of the regulations the process of excluding a contractor, when he does not comply and does not keep the terms of the agreement. "This phenomenon is indeed very relevant today, as we have before us as a society and as a state at least five public works contracts, which have been interrupted and have been interrupted because the further delay was not in the interest of the citizens and the state," he noted.

Duty of the legislature and the state, said Mr. Leonidou, is to draw knowledge and experience from these mistakes and omissions made by the previous conventions, in order to form "a legal framework that now prevents anyone who mocks the state".

"We will not tolerate other such contractors who use the state," said the Member of Parliament, speaking of disruption as well as damage to citizens due to this practice. Finally, he expressed the certainty that the Government will immediately deal with all these outstanding issues and that the Parliament will provide legislative tools for immediate regulations, noting that this is why there was an agreement on the registration of the matter by DISY.

Source: KYPE

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