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!
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