Role of NGOs in public procurement monitoring

1. Role of NGOs in public procurement monitoring Nemanja Nenadic, Transparency Serbia Conference: “Public Procurement- Savings of budgetary money and harmonization with EU standards”, Belgrade, 31. 3. 2009.

2. Public procurements: role of NGOs • Public awareness • Focused researches about problematic areas • Participation in legislation drafting • Trainings • Monitoring of implementation (certain legal provisions) • Work of public bodies in charge for public procurement – monitoring and support • Influence on development of procurement plans • Monitoring of procurement procedures • Aid for bidders • Initiatives for public interest protection requests • Monitoring of contract enforcement – quality of procured goods, services and works and further acts of purchasing entity • Monitoring of penal provision enforcement

3. Public awareness – activities of TS • Press conferences, public statements, media statements, consultative meetings ... • Need for legislation or amendments • Spotting of key problems in the system and raising the issue • Clarification of scandals and cases treated in media • Pointing out to problems of institutions’ work and possible solutions • Promotion of Public procurement portal

4. Participation of TS in drafting of legislation and strategic acts • Proposals related to the National Anti-corruption strategy and its implementation • Proposals related to National Program of integration in 2008 and EC progress reports in 2007 and 2008 • Amendments proposed during public debate in 2007, submitted to Public procurement office and Ministry of Finance • Amendments submitted to parliamentary groups and Ministry of finance during debate in Parliament • Our suggestions accepted: definition of anti-corruption rule, narrowing of secret procurements definition, new violations defined, faster enforcement of the law ... • Cooperation related to by-laws and internal acts

5. Monitoring of certain legal provisions – activities of TS • Charging for tender documentation – law and practice • Publishing of awarded contracts’ announcements in Official Gazzette – law and practice • Enforcement of misdemeanor rules – collection of information from Ministry of Justice; collection of information about purchasing entities that submitted annual reports in 2008; submitting of initiatives to public prosecutors offices against 9000 violators • Monitoring of law’s implementation in 20 institutions • Considering of problematic public procurement cases in public

6. Work of institutions in charge for public procurements and problems they are facing with • Information published in PPO and CPR reports • Common pattern of problems for all anti-corruption institution – lack of human resources, lack of premises and other working conditions, insufficient powers and support of other bodies, tendencies to minimize effects of their decisions

7. Aid for bidders, media and individuals • Advisory center for bidders – aid to spot violation of the law, support in information gathering, support for preparation of request for protection of rights • Support for individuals noticing irregularities in public procurement procedures – collection of data, providing contacts with relevant authorities and media

8. Future role of NGOs • Influence on preparation of procurement plans – need for greater openness of budget preparation and adoption • Monitoring of individual procurement cases and integrity pacts • Initiatives for raising public interest protection procedure and monitoring of that process • Monitoring of contract execution – quality of goods, works and services and further acting of purchasing entity • Monitoring of purchasing entities respect of legal provisions • Monitoring of oversight mechanism effectiveness • Comparing prices of typical goods, services and works procured