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 procurement www.anap.gov.ro
THE NATIONAL AGENCY FOR PUBLIC The National Agency for Public Procurement – regulating PROCUREMENT (legislative function) body, providing advisory and operational support, ex-ante (tender documentation and tenders’ evaluation process) and ex-post verifications, monitoring and international representation; Institutional Institutional The National Council for Solving Complaints – non-judiciary, administrative first instance solving complaints lodged system system against public procurement procedures; The Romanian Agency for Digital Agenda (AADR) – operator of the Electronic System for Public Procurement ( ESPP ); The National Agency for Integrity (ANI) – verifies the integrity of public servants and high level officials; Courts of Appeal – second instance for solving complaints. 2
THE NATIONAL AGENCY FOR PUBLIC Ensuring a coherent and harmonized legal framework in the PROCUREMENT 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 Main Main by the contracting authorities Ensuring an efficient system of public procurement and objectives objectives 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 3
THE NATIONAL Public AGENCY FOR PUBLIC PROCUREMENT procurement The main The main goals to goals to • Reforming and streamlining of the ex-ante control system reduce the reduce the • Identifying conflicts of interests in public procurement risks of risks of procedures • Increasing transparency of public procurement corruption corruption • The blacklisted economic operators • Developing a rewarding mechanism for public bidders that have proved integrity in conducting business 4
THE NATIONAL AGENCY FOR Developing a methodology for gradually moving from PUBLIC systematic controls to sample based PROCUREMENT verifying significantly reduced number of procedures would enable ANAP to move from a formal check based on issues of regularity to one focused on elements that could affect competition and the result of the award Reform and Reform and procedure; streamlining of streamlining of a systematic verification of the tender documentation will the ex-ante the ex-ante be realized for procedures over the following thresholds: 225,000 lei for supplies, 225,000 lei for services and control system control system 2,250,000 lei for works; this would help ANAP to mobilize its resources for more in-depth analysis over higher risk contracts. 5
THE NATIONAL Developing a methodology for gradually moving from systematic AGENCY FOR controls to sample based PUBLIC the contracting authority shall submit in ESPP the declaration on PROCUREMENT 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; Reform and Reform and in the selected procedures which are going to be controlled, ANAP will verify these declarations in order to identify potential conflict of interest; streamlining of streamlining of ANAP observers are verifying the compliance of public procurement procedure chosen by the contracting authority with relevant the ex-ante the ex-ante legislation on the rules to avoid conflict of interest; the conflict of interest could be notified by third parties; control system control system when a potential conflict of interest is identified by the ANAP observers in the ex-ante control and the contracting authority approves the evaluation report without taking into account the comments made by observers, ANAP notifies the National Agency for Integrity (ANI). 6
THE NATIONAL AGENCY FOR PUBLIC Improve and expand the system to prevent conflicts of interest: PROCUREMENT ANI is the institution which is enforced for controlling conflict of interest through PREVENT System; The PREVENT System will PREVENT CONFLICT OF INTERESTS by Identifying Identifying automatically detecting whether participants in the public bid are relatives or are connected to people form the contracting institution’s management; conflicts of conflicts of All public procurement procedures will be evaluated ex-ante; The Prevent system is based on data filled by contracting authorities in interests in interests in the integrity forms in SEAP; AADR aims to develop the integrity form by April 2017 within the actual public public e-procurement system, until the improved SEAP is completed; the Prevent system will be operational from June 2017, both for national procurement procurement and European funds, without any difference as regards the applicability of the law; procedures procedures A protocol concerning the procedure for controlling the potential conflicts of interests between ANAP and ANI is under approval. 7
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT Identifying Identifying conflicts of conflicts of interests in interests in public public procurement procurement procedures procedures 8
THE NATIONAL AGENCY FOR PUBLIC Elaboration of a guide developed for preventing PROCUREMENT conflict of interests within public procurement, aimed for the public use of Contracting Authorities Identifying Identifying The Guide will include : conflicts of conflicts of role and responsibilities of contracting authorities with respect to conflict of interest; interests in interests in methods and tools to be used for detection/prevention/remedying/sanctioning a situation public public of conflict of interest; procurement procurement discussing of concept of sensitive key functions; procedures procedures examples of cases on conflict of interest; model of conflict of interest declaration. 9
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT The tender documentation is fully published in Electronic System for Public Procurement -ESPP (accessible online at Increasing Increasing www.e-licitatie.ro) Publication in ESPP/Official Journal of the European Union - transparency transparency for contracts with values above the thresholds of EU Directives, the changes that cause a price increase, a longer execution or an of public of public extension / a considerable reduction of the object of the contract procurement procurement Publication in ESPP/ Official Journal of the European Union - for contracts with values above the thresholds of EU Directives, the final contract price 10
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT Develop a central database of companies with final The blacklisted The blacklisted convictions, as well as of those that fail to properly implement contracts awarded within public procurement procedures economic economic It is an action foreseen in the National Anti-corruption operators operators 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 11
THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT Developing a rewarding mechanism for public bidders that have proven their integrity in conducting business Mechanism for Mechanism for rewarding rewarding It is an action foreseen in the National Anti-corruption Strategy that will be implemented during 2018 12
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 organizing courses on public procurement; Action Plan 2016 Action Plan 2016 At the moment, in Romania, there are 2 postgraduate courses and one master’s programme in vs. vs. public procurement field; An adequate educational framework on public procurement is going to be developed; Achievements Achievements 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 2016 2016 asked by the contracting authorities/economic operators and answers on legal provisions (see link: http://anap.gov.ro/web/biblioteca-de-spete/); 13
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