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The Accession Process to EU ROMANIAN PERSPECTIVE – Gheorghe Cazan

The Accession Process to EU ROMANIAN PERSPECTIVE – Gheorghe Cazan “The New Public Procurement Procedures and Instruments” Ankara – 5-6 February 2008. The Reform Strategy of the Romanian Public Procurement System. Systemic problems in 2001 – 2004:

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The Accession Process to EU ROMANIAN PERSPECTIVE – Gheorghe Cazan

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  1. The Accession Process to EU • ROMANIAN PERSPECTIVE – • Gheorghe Cazan • “The New Public Procurement Procedures and Instruments”Ankara – 5-6 February 2008

  2. The Reform Strategy of theRomanianPublic 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.

  3. 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”

  5. 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

  6. 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.

  7. 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

  10. 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

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

  12. 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.

  13. 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

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

  15. Other Possibilities • Framework agreement • Electronic auctions • Dynamic purchasing system

  16. 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

  17. Awarding Criteria • The most economically advantageous tender • The lowest price

  18. 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

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

  20. Institutional System of Public Procurement • National Authority for Regulating and Monitoring Public Procurement (NARMPP) • National Council for Solving Complains (NCSC)

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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)

  27. 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/works ? • Reducing the suspicions regarding the award of the contracts ? • Increasing the competition ?

  28. Perception of Contracting Authorities (2)

  29. Thank you

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