Romanian Public Romanian Public Procurement System Procurement - - PowerPoint PPT Presentation
Romanian Public Romanian Public Procurement System Procurement System THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT Reducing corruption risks in public procurement Reducing corruption risks in public
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Reducing corruption risks in public procurement
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Reducing corruption risks in public procurement
www.anap.gov.ro
Institutional system Institutional system
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The National Agency for Public Procurement – regulating (legislative function) body, providing advisory and
support, ex-ante (tender documentation and tenders’ evaluation process) and ex-post verifications, monitoring and international representation; The National Council for Solving Complaints – non-judiciary, administrative first instance solving complaints lodged against public procurement procedures; The Romanian Agency for Digital Agenda (AADR) – operator
The National Agency for Integrity (ANI) – verifies the integrity of public servants and high level officials;
Courts of Appeal – second instance for solving complaints.
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Main
Main
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Ensuring a coherent and harmonized legal framework in the field of public procurement in line with the obligations derived from the application of the EU Directives Implementing a proper verification system to ensure the unitary application of the legal provisions and procedures by the contracting authorities Ensuring an efficient system of public procurement and supervising its functionality Ensuring a permanent communication channel with the structures within the European Commission, the correspondent public institutions from the Member States and with the national bodies of public interest
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
The main goals to reduce the risks of corruption The main goals to reduce the risks of corruption
procedures
have proved integrity in conducting business
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Reform and streamlining of the ex-ante control system Reform and streamlining of the ex-ante control system
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Developing a methodology for gradually moving from systematic controls to sample based
verifying significantly reduced number of procedures would enable ANAP to move from a formal check based
could affect competition and the result of the award procedure; a systematic verification of the tender documentation will be realized for procedures over the following thresholds: 225,000 lei for supplies, 225,000 lei for services and 2,250,000 lei for works; this would help ANAP to mobilize its resources for more in-depth analysis over higher risk contracts.
Reform and streamlining of the ex-ante control system Reform and streamlining of the ex-ante control system
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Developing a methodology for gradually moving from systematic controls to sample based
the contracting authority shall submit in ESPP the declaration on decision-makers within the contracting authority and those on persons with power of representation of the acquisition ancillary service providers and their identification data; the contracting authorities shall publish in ESPP the identification data of the bidders; in the selected procedures which are going to be controlled, ANAP will verify these declarations in order to identify potential conflict of interest; ANAP observers are verifying the compliance of public procurement procedure chosen by the contracting authority with relevant legislation on the rules to avoid conflict of interest; the conflict of interest could be notified by third parties; when a potential conflict of interest is identified by the ANAP
approves the evaluation report without taking into account the comments made by observers, ANAP notifies the National Agency for Integrity (ANI).
Identifying conflicts of interests in public procurement procedures Identifying conflicts of interests in public procurement procedures
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Improve and expand the system to prevent conflicts of interest:
ANI is the institution which is enforced for controlling conflict of interest through PREVENT System; The PREVENT System will PREVENT CONFLICT OF INTERESTS by automatically detecting whether participants in the public bid are relatives or are connected to people form the contracting institution’s management; All public procurement procedures will be evaluated ex-ante; The Prevent system is based on data filled by contracting authorities in the integrity forms in SEAP; AADR aims to develop the integrity form by April 2017 within the actual e-procurement system, until the improved SEAP is completed; the Prevent system will be operational from June 2017, both for national and European funds, without any difference as regards the applicability
A protocol concerning the procedure for controlling the potential conflicts
Identifying conflicts of interests in public procurement procedures Identifying conflicts of interests in public procurement procedures
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Identifying conflicts of interests in public procurement procedures Identifying conflicts of interests in public procurement procedures
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Elaboration
a guide developed for preventing conflict of interests within public procurement, aimed for the public use of Contracting Authorities
The Guide will include: role and responsibilities of contracting authorities with respect to conflict of interest; methods and tools to be used for detection/prevention/remedying/sanctioning a situation
discussing of concept of sensitive key functions; examples of cases on conflict of interest; model of conflict of interest declaration.
Increasing transparency
procurement Increasing transparency
procurement
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
The tender documentation is fully published in Electronic System for Public Procurement -ESPP (accessible online at www.e-licitatie.ro) Publication in ESPP/Official Journal of the European Union - for contracts with values above the thresholds of EU Directives, the changes that cause a price increase, a longer execution or an extension / a considerable reduction of the object of the contract Publication in ESPP/ Official Journal of the European Union - for contracts with values above the thresholds of EU Directives, the final contract price
The blacklisted economic
The blacklisted economic
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Develop a central database
companies with final convictions, as well as of those that fail to properly implement contracts awarded within public procurement procedures It is an action foreseen in the National Anti-corruption Strategy that will be implemented during 2018 In the list of banned economic operators at procurement procedures, there will be included participants which did not fulfil their commitments under procedures or whose behavior was contrary to public procurement legislation
Mechanism for rewarding Mechanism for rewarding
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
Developing a rewarding mechanism for public bidders that have proven their integrity in conducting business It is an action foreseen in the National Anti-corruption Strategy that will be implemented during 2018
Action Plan 2016 vs. Achievements 2016 Action Plan 2016 vs. Achievements 2016
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
1) Profesionnalization of the responsibles for public procurement (civil servants or contract staff acting in public procurement)
Status: ANAP made all the necessary arrangements in order to set up a new general function for personnel working in public procurement and a new specific function for ANAP personnel; ANAP conducted a screening among the universities in order to identify the possibility of
At the moment, in Romania, there are 2 postgraduate courses and one master’s programme in public procurement field; An adequate educational framework on public procurement is going to be developed; In order to increase the professionalization and good practices, ANAP has elaborated and published on its own site a library concerning the answers on the most frequent questions asked by the contracting authorities/economic operators and answers on legal provisions (see link: http://anap.gov.ro/web/biblioteca-de-spete/);
Action Plan 2016 vs. Achievements 2016 Action Plan 2016 vs. Achievements 2016
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
1) Profesionnalization of the responsibles for public procurement (civil servants or contract staff acting in public procurement)
ANAP has developed the first module of a web-based guide which includes sections for:
planning the procurement procedures: procurement strategy, evaluation
standard documentations for services.
The guide will replace in large part the tertiary legislation. The web-based guide is available since December, 2016, in Romanian as well as in English at the following address: http://achizitiipublice.gov.ro/home
Action Plan 2016 vs. Achievements 2016 Action Plan 2016 vs. Achievements 2016
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
2) increasing the capacity of contracting authorities in using online procedures
Status: The Romanian Agency for Digital Agenda (AADR) will improve the electronic platform SEAP through the SICAP
procurement. According to the newly adopted legislation on public procurement, contracting authorities should award the contract
functioning properly due to technical problems (GD no. 395/2016, article 43, 54, 58, 62,106, 123 and GD no. 394/2016- article 49, 52, 61, 65, 74, 111, 119) According to the notices published in SEAP in 2016 related to Law 98, 99, 100/2016, 11.117 procedures were on-line from 11.367. That means a percent of 97% of the procedures are on-line with or without final electronic auctions.
Action Plan 2016 vs. Achievements 2016 Action Plan 2016 vs. Achievements 2016
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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT
3) founding the centralized procurement units for the needs of central administration
Status: Based on the outcome of the preliminary study, there were recommended 6 areas of procurement to be centralized:
printing paper fuel electric lighting bulbs furniture hardware
The following activity to be carried out it is to analysis of the 2 potential options regarding the legal status of the future CPB in line with the administrative, constitutional and company laws (state owned company or agency).
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT Bogdan Pușcaș - President bogdan.puscas@anap.gov.ro May 2017 www.anap.gov.ro
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