Control over public procurement carried out by Recipient of financial means from the EU Funds is performed by the National Agency in line with the Act on Public Procurement No. 343/2015 Coll. the National Agency performs control of the contracts to which the Act on public procurement does not apply or which it defines in §1 of the Act on public procurement. The purpose of the procurement control is to ensure the lawfulness and veracity of public procurement, or contracts executed by the Recipient.
Final responsibility for the performance of public procurement and contracts always lies with the Recipient.
National Agency controls observance of basic principles:
- equal treatment;
- non-discrimination of tenderers or candidates;
- transparency including freedom of any conflict of interests;
- economy and efficiency.
Within the control over the procurement the National Agency ascertains the veracity by verifying mainly:
- compliance of the subject of public procurement and contract, the proposal of contractual conditions and other data with the approved Grant Agreement for respective project (e.g. assessment of the contract award within its eligibility for co-financing, assessment of technical solution/award with the approved technical award/solution, etc.);
- compliance of the subject of public procurement and contract with Design documentation and Annual Working Programme (AWP), for the purposes of which the public procurement or the contract is being carried out.
National Agency may issue guidance for the performance of the procurement control or may set forth within the Grant Agreement, Request of other methodological guidance for the recipient of the EU Funds financial assistance further conditions of performance and control of the procurement.