The Implementation Act to the Public Orders Act, published in State Gazette No. 94 dated 31.10.2008, reflects the main proposal made by the Bulgarian Association of Information Technology, BAIT, aiming to create conditions for a subsequent control upon the implementation of the public orders. Here follows the additionally supplemented new item is in Art. 22, quote:
“Art. 22. The Public Orders Register contains:
1. (Amendment – State Gazette, issue 37 from 2006, enforced as of 01.07.2008) the decisions for opening and closing the procedures for appointing Public Orders, as well as the decisions for extending the deadline for submitting tenders or applications for participation;
3. Information for the allocated Public Orders;
4. (New – State Gazette, issue 94 from 2008, enforced as of 01.01.2009) Information for the allocated Public Orders;
5. (previous Item 4 – State Gazette, issue 94 from 2008, enforced as of 01.01.2009) other information defined in the Statute Book for law implementation”.
The Amendment is a proposal made by BAIT and it is not a part from other texts which we have supported as proposals for amendments. The motives are the following:
The Bulgarian Association of Information Technologies considers that a priority problem which should be solved by the amendments to the Public Orders Act is the absence of a publicly accessible source of information for the implementation of the Public Orders Act in the IT branch, and not only in it. According to the presently existing practice, the assignee gives account for the implementation of the public order to the assignor, with whom he has concluded a contract. Unfortunately, this information is not centrally monitored, as for instance that for concluding contracts, thus making it even more difficult to get it through to the interested public. In case the centralized source of information is missing, the public control is effected basically through the media and it is rather incidental, of selective action and subdues mainly to the demand of scandalous news.
It is obvious for the IT community that the presently enacted mechanism for implementation of control is insufficient and ineffective. A small part of the companies profit from this. The biggest part of the companies and society as a whole suffer from a number of negative consequences from the lack of transparency in conducting tenders for public orders. And this is mostly due to the lack of subsequent control:
– Existence of potentialities for corruption practices;