Civil Society: A Partner in Reducing Corruption in Procurement - - PowerPoint PPT Presentation

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13th PROCUREMENT INTEGRITY MANAGEMENT AND OPENESS FORUM Kiev, Ukraine May 23-25, 2017

Civil Society: A Partner in Reducing Corruption in Procurement

Civil Society Organizations (CSOs) in Ukraine

Lars Jeurling Partnership for Transparency

What is Procurement Monitoring?

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Third-party observation, tracking, or oversight

• f the public procurement process .

“Social witness”

citizen representative sits on the bid evaluation committee

“Macro” monitoring

• utside groups analyze

procurement award and spending patterns and attempt to influence legislation and government policies

“Micro” monitoring

• utside groups track

individual public procurements for warning signs “red flags” of corruption and/or fraud

Procurement Monitoring

Who does what?

• day to day monitoring of contractor

Contracting Entity

• selective third-party monitoring on

its own initiative Government Control Entity

• selective third-party monitoring,

access to information such as E- procurement data critical. Civil Society

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Systematic observation of the procurement process at all stages to detect:

violations of law non-compliance deviations from process unethical behaviors

Improved procurement practices and reduction and prevention of fraud and corruption Better public service delivery achieved

• CSO, Government and Private sector
• bjectives are or should be the same; They

are or should be partners

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What does Public Procurement

Monitoring by CSOs entail?

Methodologies for Public Procurement Monitoring by CSOs

• Real-time database/information monitoring using risk

indicators

• ProZorro and DoZorro
• other databases and sources of information
• Integrity Pacts
• Looking at big data after the fact
• price trends, procurement or social audits, previous awards,

beneficiary ownerships in companies, etc.

• Observing contract execution/management and

performance

• Specialization by sector

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TI – USA’s guide to Civil Society Procurement Monitoring

• Divides the procurement process up into discrete

phases:

• Interactive checklist of questions that track international best

practices

• Allows user to identify “red flags” or warning signs of

corruption and/or fraud

• Allows users to diagnose strengths and weaknesses of public

procurement systems, when multiple procurements are monitored

planning bidding evaluation implementation

Challenges Facing CSOs

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Capacity Funding Legal Environment

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Ambiguity in Procurement Law

• Article 9 of the Public Procurement

Law:

• Encourages public’s Involvement in monitoring

procurement in accordance with the law

• But also states that citizens and civil society
• rganizations have no right to interfere in the

procurement process.

Lack of defined remedies for addressing abuses/irregularities Proposed legislation to curtail activities of CSOs in fighting fraud and corruption Lack of Whistleblower Protection

Challenges Facing CSOs:

Legal Environment

How do CSOs contribute to the improvement of transparency and effectiveness in Public Procurement?

Example: Latvia

• Key Challenge: to analyze and keep up with a large

amount of complex technical and legal documents available to Delna under the Integrity Pact.

• Lesson 1: monitoring should extend from planning through

contract execution

• Lesson 2: CSOs need to be technically competent and be able

to pay for good consultants.

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PTF made this possible in Latvia 5-year PTF program to support TI-Latvia (Delna): Monitoring the procurement and construction of the National Library

Partnership for Transparency Fund:

Supporting CSOs in Procurement Monitoring

• PTF Advisers’ extensive

international experience in Public Procurement

• Supports CSOs across the

globe e.g. (India, Philippines, Latvia) monitoring procurement with:

• Advice
• Training
• Networking with

international CSOs and

• ther organizations
• Project management

support

• Funding (in some cases)

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PTF’s current work in CSO Procurement Monitoring Capacity: Ukraine

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• EBRD technical cooperation

project designed to enhance the capacity of local CSOs in monitoring municipal public procurement using Open Data tools.

• PTF and Kyiv School of Economics

developing a training program

• Pilot training completed in

January 2017.

• CSOS from almost all regions in

Ukraine will be trained over the next 12 months.

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