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Procurement planning
Includes the definition of needs and goals of procurement, a list of goods / works / services, and their volume, substantiation of the maximum price and the method of determining the supplier.
It also includes the process of compiling, coordination, publishing and adjusting procurement schedules.
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PP-1Procurement planning without explicit need
Purchase of unnecessary goods or services. For example, the purchase of expensive highly specialized medical equipment, without subsequent use due to the lack of specialists or patients. This can also include the purchase of atypical goods, works, services for this category of procuring entities. For example, the school purchases the database creation services.
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PP-2Planning purchases of excessive goods
For example, an organization purchases 100 computers, despite the fact that they have only 50 people in staff. Or the hospital purchases much more fuel (compared to last year or other hospitals).
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PP-3.Excessive technical or qualitative characteristics
Specifications are redundant to the procuring entity and will not be in demand. For example, the hospital purchased a top-class car.
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PP-4.Unreasonable selection of the procuring method that limits the competition
Unreasonable purchase is not a competitive way (from one source), instead of competitive procedures (competition, request for price proposals, price quotation, etc.).
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PP-4.1Acquisition of intellectual property from the person who has exceptional rights
Purchases of goods and services from "one source" by direct contract"
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PP-4.2.Purchase of construction works as objects of intellectual property
Purchases of any work, except for the adjustment of pre-project or design and estimate documentation from single-source by direct contract is a direct violation of the law on public procurement.
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PP-4.3.Splitting up planned purchases in order to comply with the procurement threshold from one source
Homogeneous goods and services are deliberately divided into several purchases of the plan with different CPVs, so that each plan of the plan separately exceeds the threshold values ​​for procurement from one source
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PP-4.4.Incorrect rationale for purchases from "single source"
Incorrect use of clause 3. Art. 39 To bypass competitive procedures and purchases from one source.
For example, the purchase of services for the organization of events (competitive market) under the guise of participation in these events (allowed to purchase from single source)
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PP-5Overstatment of the estimated price
For example, the purchase of fuels are two times higher than market value
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PP-6Reduction of the term for the contract execution
An unreasonable reduction in the expiration date of the contract, as a result of which only affiliated company can participate, which either has insider procurement information, or has already fulfilled the proposed contract.
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PP-7Definition of the supplier very close to the end of the year
Associated with risk above. In this case, the risk of affiliation is tremendous (to give the contract to a reliable supplier, which will finish it after signing the act of acceptance and receiving funds).
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Selection of supplier
This stage includes the development of competitive documentation, including the requirements for the goods purchased / work / service / service, provider requirements, the development of criteria for assessing applications of potential suppliers, procurement in the electronic platform of procurement or publication in another way, the notice of potential suppliers, acceptance of applications from Potential suppliers, assessment of applications, admission to the next stage, as well as rejection of applications, bidding, recognizing the winner of the supplier.
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SS-1.Excessive requirements for the goods, works & services
The procruing entity has redundant requirements that will never be in demand. For example, the requirement for turning off the front passenger airbag for the purchased car. This feature is needed only if a chair with a child is placed on a front chair.
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SS-2.Underestimation of the expected value.
The customer underestimates the price of the contract below the market for goods, works, services with specified technical characteristics prescribed in the requirements of the competitive documentation. This makes the delivery unfavorable and limits competition. Wins the supplier who is in collusion with the customer. Further, either is an additional statement to the contract, or the customer at the acceptance of goods, works, services closes the eyes to the discrepancy between the requirements. This allows the provider to make a profit from the contract.
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SS-3.Merging of goods, works, services, functionally and technologically unnecessied into one lot
The customer limits the number of potential suppliers, combining into one lot of goods, which in the aggregate cannot be delivered by some suppliers. For example, a utility company places a lot for the supply of water quality sensors and a service for creating an information system for analyzing water quality. Thus, almost all IT companies cannot participate in the competition, since they have no contracts for distribution with manufacturers of such sensors. Also manufacturers and distributors of water quality sensors are also not taken, because They do not develop information systems.
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SS-4.Lack of sufficient technical characteristics of goods, works, services
This makes it difficult for the Supplier to draw up an application that meets the requirements of the Competitive Documentation. For example, in the documentation for the purchase of services, which requires goods, the customer does not establish indicators for such goods, and then the application is deviated due to their failure.
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SS-5.Placing documentation in graphical format
It does not allow you to search, copy text, automatically analyze the documentation.
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SS-6.Placing the technical specification in Excel format with hidden columns
Requires from a supplier of certain skills to work with Excel
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SS-7.The presence of spelling errors in the title, the substitution of Cyrillic Latin
These errors and substitutions make it difficult to search for ads on the procurement site.
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SS-8."Sharpening" of documentation under a specific supplier
The presence of the requirements characteristic only for one manufacturer or supplier. Redundant supplier requirements. Requirements may contain references to certain certificates, trademarks, company names and brands. This also includes the terms of the contract, unacceptable for most of the suppliers of this procurement object.
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SS-9.Uncertainty and inconsistency of conditions
This includes the terms of the contract, the conditions for the execution of the contract, the terms of acceptance, the conditions of warranty obligations.
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SS-10.Non-compliance of procurement title to the subject
Contradictions in title, contract, technical specification. It makes it difficult for suppliers to search for procurement.
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SS-11.Inconsistent statement of requirements
Requirements are scattered, included in different parts of the purchase documentation.
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SS-12.Creating visibility of competition
At the stage of qualifying selection of applications of potential suppliers, the customer does not allow "non-affiliated" companies. At the same time, 2 or more companies are allowed to submit price proposals. There is a collusion between several companies and the customer to create visibility of competition. At the same time, companies can be affiliated with each other, or is in collusion. One of the characteristic features is low savings according to the results of the competition, the price proposal of the winner is usually close to the initial procurement price.
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SS-13.The customer rejects applications of potential suppliers to illegal reasons.
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SS-14.Illegal requirements to the supplier
Requirements for authorization letters, licenses and certificates that are not related to the subject of procurement. The requirement of prototypes, concepts and other documents that cannot be qualitatively made without insider information.
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SS-15.Supplier affiliation with the Procuring entity's management
We are talking about conflict of interest. The supplier may be explicitly (through the foundation or management) affiliates with persons who makes purchasing decisions in the Procuring entity. For example, the supplier can belong to the close relative of the customer. Affiliation may be indirect. For example, the head of the supplier is a colleague (classmate, former colleague, etc.) of the customer's head.
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SS-16.Procuring entity favors certain suppliers
For example, the supplier takes a significant proportion (70% or more) in the procurements of certain category of goods from the procuring entity.
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SS-17.Supplier focus on a specific procuring entity
This procuring entity has a significant proportion (70% or more) in the income of the supplier.
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SS-18.Sustainable customer management relationships with the particular supplier
After the head of the procuring entity moves to other position in different spending unit, the supplier follows him\her. This may indicate a strong affiliation.
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SS-19Price dumping on control and supervisory services for other suppliers
For example, the Customer announces a technical supervision competition for the facility under construction. The supplier wins the competition for a dumping price. There is a risk that the technical supervision service provider will extort money from the general contractor of this object.
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Conclusion of the Contract
Conclusion of a contract with a potential supplier determined by the winner.
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CC-1.Unreasonable changes to the terms of the contract
Supplier provides more favorable terms of the contract than the procurement announced in the competitive documentation. For example, additional agreements are concluded for the Agreement, which increases the contracted value, or decreases the scope of work, the technical characteristics are changed, or the deadlines for the fulfillment of obligations are prolonged.
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CC-2.Tightening the conclusion of the contract
Thus, an obstacle is created by the "dismissal" winner of the competition, reducing the deadlines for the fulfillment of obligations.
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CC-3.Unreasonable refusal to sign a contract
The customer refuses to sign an agreement with the "dismissal" winner under various pretexts.
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CC-4.Early termination of the contract
If the winner is recognized by the "unwanted" supplier, the contract may be unreasonably terminated with the subsequent reissue of the procurement announcement (including transferring the next year). Different methods can be used for this. For example, termination of the contract due to the lack of need. Or termination of the contract due to the non-fulfillment of the provider of intermediate obligations, which are in advance are impracticable without the appropriate loyalty of the procuring entity to the supplier.
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Fulfillment of the contract
The stage of administration of the contract, includes the fulfillment of obligations under the contract and acceptance of goods, works, services. It is practically not regulated and contains many risky factors.
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CF-1Unreasonably rigid administration
Up to the intervention in the economic activity of the supplier.
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CF-2Tightening the provision of information
The customer can unreasonably wait with the provision of necessary information, materials, approvals, comments necessary for the execution of the contract.
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CF-3.Requirements not included in the contract
The customer can put forward additional requirements not included in the terms of the competitive documentation and the contract.
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CF-4.Unreasonably rigid (soft) conditions of acceptance
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CF-5Tightening (acceleration) acceptance
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Payment
Enumeration of funds to the supplier's current account
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P-1.Tightening (acceleration) payment
Discrepancy of payment contractual obligations
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P-2Money laundering activities by supplier
Shortly after payment, the supplier converts it to cash. There is a risk that this money is for a kickback.
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P-3.Interaction of the supplier with one-day companies
Shortly after receiving funds, the supplier send a part of the money to the risk company. There is a chance that this money will be cashed and used as a corruption remuneration.
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P-4.Interaction of the Supplier with offshore companies
Shortly after payment, the supplier sends a portion of funds to offshore.
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P-5.Supplier interaction with entities affiliated with customer
Attracting as subcontractors (or financing for other reasons) of companies or individuals affiliated with customer employees. For example, shortly after receiving payment, the supplier lists 20% at the expense of a law firm registered on the brother of the wife of the head of the customer's organization.
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P-6.Supplier is a risk company
The supplier is in the lists of risky companies of the Tax Sur.
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Execution of the warranty obligations
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WO-1.Lack of control over the execution of guarantees
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WO-2.Unreasonable claims for the volume and timing of guarantees
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WO-3.Changing the Customer Warranty Conditions
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