PP Legislative experiences and needs & plans for development the legislative

framework in Serbia

Borisav Knezevic, Public Procurement Office SIGMA/Vlora, 9 September 2014

EXISTING PUBLIC PROCUREMENT LAW

• Adopted on 29 December 2012

• Entered into force on 6 January 2013

• Application started on 1st April 2013

• Significant harmonization with Directives 2004/18

and 2004/17, and partial with Directives 2009/81

and 2007/66

EXISTING LAW ON PPP AND CONCESSIONS

• Adopted on 22 November 2011

• Entered into force on 2 December 2011

• Partial harmonization with Directives 2004/18 and

2004/17

NEW PUBLIC PROCUREMENT DEVELOPMENT STRATEGY

• Existing Strategy – adopted on 9 September 2011

• Need to comply with new PPL (December 2012)

• Need to incorporate new legislative development

in the EU

• Need to take into consideration Negotiations with

EU-Chapter 5: Public Procurement

• New Strategy - validity period: 2014-2018

• Status: final proposal of Strategy should be sent to

Government in the first week of September 2014

• Adoption expected: end of September 2014

ACTION PLAN FOR IMPLEMENTATION OF THE STRATEGY

• Integral part of the Strategy

• Period: 2014-2015

• For each year till 2018 new Action plans would be

adopted

• Structure of the Action plan: • Improving regulatory framework

• Strengthening of institutional framework

• Improving efficiency and sustainability of PP system

• Curbing irregularities in public procurement

ACTION PLAN:IMPROVING OF REULATORY FRAMEWORK

• Some activities to be emphasised:

• Analysis of the implementation effects of PPL in practice

• Amendments to the PPL (II quarter 2015)

• Gap-analysis of PPL with new EU Directives

• Gap-analysis of Concessions Law* EU with new EU Directive

• Analysis of other legal acts relevant for PP, concessions and PPP

*In the Negotiation Chapter 5: Public Procurement, concessions and PPP are also included as an integral part

HARMONIZATION WITH EU ACQUIS

• Basic documents: • National Plan for Adoption of the Acquis(NPAA)

• Public Procurement Development Strategy (proposal)

• Harmonization schedule: • Stage A – Partial harmonization

• Stage B – Complete harmonization

• Approach: harmonization with the new Directives on PP and the new Directive on Concession, not with the old ones

STAGE A WILL LAST TILL THE END OF 2015

STAGE B WILL LAST TILL THE END OF 2017

LEGISLATIVE CHANGES: STEPS

• Amendments to the PPL (II quarter 2015) • The focus will be on “fine- tuning” of and corrections of

“domestic” legal imprecisions noticed during the implementation of the existing PPL.

• Harmonization with EU acquis will not be primary focus of the amendments, BUT wherever is relatively easy to transpose certain provisions-it will be done

• New PPL: to be adopted by the end of 2017

-complete harmonization with the EU acquis

• New Law on PPP and concessions: to be adopted by the end of 2017

-complete harmonization with the EU acquis

EU ASSISTANCE

• Current:

• PLAC/POLICY AND LEGAL ADVISE CENTER (legal analyses)

• In the pipeline:

• TA project: Support for further improvement of Public

Procurement system in Serbia (expected start: 2016)

• Twinning Light project: Fostering Protection of Rights in Public

Procurement in Serbia (expected start: 2015)

• Continuous support:

• SIGMA (series of workshops, legal assistance)

• TAIEX (expert visits, workshops)

NOVELTIES

• New procedures and tools (competitive dialogue,

FC, DPS)

• New institutes (civil supervisor-1bill. RSD+)

• Anticorruption provisions

• Publishing of all notices on PPO Portal (free of

charge), except for values above 5 mill.RSD (and 10

mill RSD for works) that are published both on PPO

Portal and on Portal of the Official Gazzette)

NOVELTIES (2)

• Introduction of partial centralisation of PP (including

centralisation of medicines and medical services)

• Central register of EOs to prove eligibility to

participate on tenders

• New system of quarterly reporting on conducted PP

• E-system for creation and submission of CAs’ annual

plans of PP (to be submitted to the PPO and SAI)

RECENTLY ADOPTED BYLAW

• Rulebook on certification o PP officers

• Regulation on joint conduction of public

procurement procedures

• Decree on PP procedure in the field of defence

and security

• Bylaw on financing of multi-annual contracts

LEGAL ASSISTANCE TO OTHER AUTHORITIES

• To Ministry of Health – bylaw on centralised

purchasing of medicines

• TO ADMINISTRATION FOR JOINT SERVICES - bylaw

on centralised procurement

•

• TO Ministry of Defence – bylaw on confidential

procurement (defence and security procurement)

IMPLEMENTATION OF THE PPL

• Necessary bylaws

• Adopted on time

• Fulfilled legal conditions for implementation of PPL

• PPO drafted bylaws or assisted in preparation of

bylaws necessary for implementation of PPL

• NEXT PHASE: TO INCREASE COMPETITON IN PP (2,7

bidders per tender) • Comprehensive analysis is needed to determine the causes for

low participation of bidders

IMPLEMENTATION OF PPL:RESULTS

• Share of negotiated procedure without notice

DECREASED from 24% the in first half of 2013 to 4%

in(3,81%) in the first half of 2014

• Inter-institututional cooperation significantly

improved (Memorandums of cooperation etc.)

• Register of bidders fully operational (4337 registered

EOs so far)

% OF NEGOTIATED PROCEDURES WITHOUT PRIOR NOTICE IN TOTAL VALUE OF AWARDED CONTRACTS

IMPLEMENTATION OF PPL:RESULTS (2)

• PPO launched 26 misdemeanor procedures against

CAs that violated the PPL in the period March-

August 2014

• Procurement planning software introduced on the

web-portal of the PPO

• 785 contacts were concluded through framework

agreements (since 1st 2013)

• 1245 contracts on PP were concluded through

centralised procurement

IMPLEMENTATION OF PPL:RESULTS (3)

• 17 civil supervisors were appointed by PPO

• 90 opinions on joint conducting of procurement

have been issued by PPO

• PPO is being analysed the reports related to

modifications of contracts in order to find out if

there are grounds for launching misdemenour

procedure

• List of negative refferences -176 pieces of evidence

of negative references have been received (must

receive the evidences from 3 independent sources-

so far only from 2 independent sources)

IN THE PIPELINE

Apart from 12 models, guidelines and

instructions prepared by PPO (April-May 2014),

the following 2 methodologies are under

preparation:

• Methodology for analysis of procurement plans

• Methodology for perfomring supervision over the

implementation of the PPL

PLANS FOR 2014 (END)/2015

• To start Negotiations for Chapter 5: Public Procurement

• To improve PP Portal (e.g. English version of Portal)

• To continue training of police and prosecutors in the area of PP

• To initiate the exams for PP officers

• To prepare Manual for CAs and Manual for bidders

• To prepare analyis of technical solutions in use in EU MS in the field of e-procurement

• To prepare guidance for improvement of economic performances of PP

• THANK YOU FOR YOUR ATTENTION!