PRINCIPII 1

1

• The Accession Process to EU
• ROMANIAN PERSPECTIVE
• Ankara February 6, 2008

2
The Reform Strategy of theRomanian Public
Procurement System

• Systemic problems in 2001 2004
• Legislative overlapping and a blurry distribution
  of competencies of public institutions involved
  in the management of public procurement system
• Insufficient staff within the institutional
  structure having the role of regulating and
  monitoring
• Weak capacity of the contracting authorities
• Inefficient mechanism to collect information
• Slow and less effective remedies system.

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Two Main Goals

• Improvement of the legislative framework
• Strengthening the implementing capacity
• A national strategy has been approved in
  2005 Government Decision 901/2005

4
Improvement of the legislative framework (1)

• The national public procurement legislation
  transposes the European legislation consisting
  of
• Directive 2004/17/EC utilities sector
• Directive 2004/18/EC classic sector
• Directive 89/665/EEC remedies for classical
  sector
• Directive 92/13/EEC remedies for utilities
  sector

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Improvement of the legislative framework (2)

• Screening the entire legislation in order to
  avoid legislative overlapping
• Regulating both procurement in the classic
  sector and procurement in the utilities sector
• Keeping an unitary vision both for traditional
  and electronic procurement
• Changing the old remedies system
• New vision regarding concession

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Strengthening the implementing capacity

• The main ways to ensure the strengthening of the
  implementing capacity at the level of the
  contracting authorities
• appropriate allocation of human and material
  resources for the procurement units within the
  contracting authorities
• easy access to methodological consultancy
• appropriate training tools and support materials
  (information bulletins, guidebooks)
• participation in periodical training programs of
  staff involved in the public procurement activity.

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Who was involved ?

• Interministerial Working Group
• National Authority for Regulating and Monitoring
  Public Procurement
• Ministry of Public Finance
• Ministry of Transport and Public Works
• Ministry of Justice
• Ministry of Communications and IT
• Ministry of European Integration

8
How to do ?

• Internal working group within National Authority
  for Regulating and Monitoring Public Procurement
• Support from SIGMA
• Consultation with civil society
• Permanent consultation with European Commission
• - meetings in Bucharest and Brussels
• - PPL draft 1, PPL draft 2,
• Phare support for training
• Ensuring the continuity of the teams involved in
  the work

9
Political support

• Political determination at the level of the
  Government
• Lobby and fights in Parliament
• RED FLAG
• YELLOW FLAG
• GREEN FLAG
• Country Report in September 2005 Red Flag
• Country Report in May 2006 Green Flag

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National Legislation

• Primary legislation
• - Emergency Government Ordinance no. 34/2006
  approved by the Law 337/2006
• Secondary legislation
• - Government Decision no. 925/2006 -
  application norms for traditional procurement
• - Government Decision no. 1660/2006 -
  applications norms for electronic procurement
• - Government Decision no. 71/2007
  application norms for concession of works and
  services

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PRINCIPLES

• Nondiscrimination
• Equal treatment
• Mutual recognition
• Transparency
• Proportionality
• Efficient usage of the public funds
• Assuming responsibility

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Scope of PPL (1)

• Contracting authorities
• Any public institution established at central,
  regional and local level
• Any body governed by public law, other than
  public institution, having legal personality,
  which have been established for the specific
  purpose of meeting needs in the general interest,
  not having an industrial or commercial character
  and which
• It is financed for the most part by a public
  institution or by a body governed by public law
  or
• It is subordinated or subordinated by a public
  institution or by a body governed by public law
  or
• More than a half of the members of the managerial
  board or supervisory body is appointed by a
  public institution or by a body governed by
  public law.

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Scope of PPL (2)

• Associations formed by one ore more contracting
  authorities
• Any public undertaking which carries out one or
  more of the relevant activities in the utilities
  sectors (water, energy, transport, postal
  services)
• Any other entity which is not public undertaking
  but which carries out one or more of the relevant
  activities in the utilities sectors, based on a
  special or exclusive right

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Awarding Procedures

• Open procedure
• Restricted procedure
• Competitive Dialog
• Negotiation procedure
• - with prior publication
• - without prior publication
• Design Contest
• Request for Quotations

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Other Possibilities

• Framework agreement
• Electronic auctions
• Dynamic purchasing system

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Qualification and Selection Criteria

• Personal Situation
• Capacity of Exerting the Professional Activity
• Economic and Financial Situation
• Technical and/or Professional Capacity
• Quality Assurance Standards
• Environment Protection Standards

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Awarding Criteria

• The most economically advantageous tender
• The lowest price

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Transparency

• Rules have to be known before starting to apply
  the awarding procedures
• Public procurement file is considered information
  of public interest
• access to the information is restricted only in
  case of the classified information or protected
  by an intellectual property right, according to
  the law
• Publication of the notices

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Notices

• Intention Notice
• Participation Notice
• Awarding Notice
• Where
• - European Union Official Journal
• - Electronic System for Public Procurement
• www.e-licitatie.ro

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Institutional System of Public Procurement

• National Authority for Regulating and Monitoring
  Public Procurement (NARMPP)
• National Council for Solving Complains (NCSC)

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N.A.R.M.P.P (1)

• Set up in July, 2005
• Legal base
• - GEO no. 74/2005 and GD 895/2005
• Total number of staff 80
• Internal structure
• - Directorate for Policies and Regulations
• - Directorate for Operational Development
• - Directorate for Monitoring and Surveillance

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N.A.R.M.P.P (2)

• Role
• Conception, promotion and implementation of the
  public procurement policy
• Main functions
• regulating the legal framework
• contact point with the EC for public procurement
  matters
• counseling the contracting authorities
• help-desk
• elaboration of operational tools (guides,
  brochures)
• organizing and sustaining training activities
• monitoring from the statistical point of view
  the awarding of public procurement contracts
• controlling certain cases and applying sanctions

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N.C.S.C (1)

• Set up in September, 2006
• Independent institution with an
  administrative-jurisdictional activity
• quasi-judicial body
• Legal base
• - Chapter IX from GEO no. 34/2005
• Total number of staff 21 (without administrative
  personnel)
• Structure 7 independent panels in charge with
  resolving the complains

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N.C.S.C (2)

• A person who consider itself injured in one of
  his/her rights or legitimate interests by the
  means of an act of the contracting authority, has
  the right to contest that act
• - by administrative-jurisdictional way
  N.C.S.C.
• - or, in front of the Court
• Compensations are required only by means of
  juridical actions, in front of the Court

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N.C.S.C (3)

• Automatic suspension in case of submitting the
  claim to the N.C.S.C.
• The Council will solve the complaint in 10
  working days in duly justified cases, the
  solving term of the complaint may be extended
  with 20 days
• The Council s Decision mandatory and may be
  attacked at the Court of Appeal

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After one year in EU

• 9300 participation notices published in JOUE
• 99,9 of the notices has been sent by electronic
  means
• 29000 participation notices published in ESPP
• 108000 invitation for request for quotation
  published in ESPP
• 70 of the total value of the contracts open
  procedure
• 5000 claims submitted to NCSC (3,1 of the
  procedures)
• 3000 people trained (65 of the staff has been
  participated in at least one seminar for public
  procurement in the last 3 years)

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Perception of Contracting Authorities (1)

• How much do you think that the public
  procurement procedures lead to the following
  effects
• Reducing the cost of the products/services/works
  ?
• Increasing the quality of the products/services/wo
  rks ?
• Reducing the suspicions regarding the award of
  the contracts ?
• Increasing the competition ?

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Perception of Contracting Authorities (2)
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• Thank you