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MINISTRY OF ECONOMY AND ENERGY PUBLIC PROCUREMENT AGENCY. THE ACCESSION PROCESS TO EU IN THE FIELD OF PUBLIC CONTRACTS IN THE RE PUBLIC OF BULGARIA. Monika Dimitrova “The New Public Procurement Procedures and Instruments” Ankara, Turkey – 5-6 February 2008. ACCESSION PROCESS.

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Monika Dimitrova “The New Public Procurement Procedures and Instruments”

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Monika dimitrova the new public procurement procedures and instruments

MINISTRY OF ECONOMY AND ENERGY

PUBLIC PROCUREMENT AGENCY

THE ACCESSION PROCESS TO EU IN THE FIELD OF PUBLIC CONTRACTS INTHE REPUBLIC OF BULGARIA

Monika Dimitrova“The New Public Procurement Procedures and Instruments”

Ankara, Turkey – 5-6 February 2008


Ankara turkey 5 6 february 2008

ACCESSION PROCESS

  • 1988 – Diplomatic relations with EC;

  • 1990 - Convention on TBE relations signed (PHARE);

  • 1993 – 1995 – European agreement for Association;

  • 1995 – Request for membership;

  • 2000 – 2004 – Accession negotiations;

  • 2005 – Approval for accession by the EP;

  • 25 April 2005 – EU Treaty

    of Accession endorsed

    and SIGNED.

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EU REPORTS

Regular reports by the EC to the Council on further progress achieved by Bulgaria

  • 1998

  • 1999

  • 2000

  • 2001

  • 2002

  • 2003

  • 2004

  • 2005

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1998 EU REPORT – public procurement

“Bulgaria’s progress on the effective implementation of the public procurement concept has

been limited. However, it has committed itself to becoming a contracting party to the WTO

Agreement on Government Procurement”.

“The scale of progress still required calls for considerable

and sustained efforts, both in approximation of legislation and in the establishment of

structures to implement it, particularly as regards public procurement….”

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1999 EU REPORT – public procurement

“Concerning public procurement, a new law was adopted in August 1999 which takes on the

basic principles of the Community acquis.”.

“In many areas notably public procurement,……., significant efforts are now necessary in implementation and enforcement of laws”

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“There is at present no central Public Procurement Office but…. Adequate structures need to

be set up for the control of public procurement procedure”


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2000 EU REPORT – public procurement

“In the area of public procurement the legislation is partially in line with the acquis and anumber of amendments will be required, including clear rules on legal remedies forunsuccessful bidders. Substantial work is required in order to ensure that legislation is

fully and properly applied by the public authorities/utilities concerned throughout thecountry. The administrative capacity of the Directorate responsible for publicprocurement needs to be strengthened in order to ensure effective implementation.”.

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2002 EU REPORT – public procurement

“In the area of public procurement, a significant step forward was taken by amending theLaw on public procurement, with effect from May 2002”.

“An amendedpublic procurement act is in force but some further changes are still required to ensure full compatibility with the acquis and a public procurement agencystill needs to be established to ensure transparent public procurement procedures atcentral and regional level.”.

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2003 EU REPORT – public procurement

“In the field of public procurement, the situation is not yet satisfactory. The draftlegislation that has been prepared still contains shortcomings that have to be dealt with inorder to attain full alignment with the acquis A weak administrative structure exists atcentral level in the area of policy and law making, co-ordination and provision ofoperational support, monitoring and control. Further efforts are required to ensure fullalignment on the acquis and to establish an independent body with clearly defined status,functions and qualified staff able to effectively apply the national procurement legislationthrough monitoring, review and help desk activities.”.

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2004 EU REPORT – public procurement

“In the field of public procurement, the adoption of a new Law on public procurement inMarch 2004 and its entry into force in October 2004 represent an important step towardsalignment. ….. Another important feature of the Law is the introduction of changes in the appeal system,according to which a Court of Arbitration is established to streamline and improve theprocessing of complaints. The Law provides for the establishment of a PublicProcurement Agency under the Ministry of Economy. ….The Agency is responsible for carrying out overallcoordination in this sector and for implementing the public procurement system.”.

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BODY RESPONSIBLE FOR PUBLIC PROCUREMENT

1998 – 2004

DIRECTORATE WITHIN THE COUNCIL OF MINISTERS

2004 TILL PRESENT MOMENT

PUBLIC PROCUREMNT AGENCY WITHIN THE MINISTRY OF ECONOMY AND ENERGY

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PUBLIC PROCUREMENT AGENCY

  • CHALLENGES

  • LEGISLATION IN COMPLIANCE WITH THE

    EUROPEAN IN THE FIELD OF PP

  • STRENGTHENING OF THE ADMINISTRATIVE CAPACITY

  • PUBLICITY AND TRANSPARENCY IN ACTION

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ROLE AND FUNCTIONS OF THE PP AGENCY

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ROLE AND FUNCTIONS OF THE PP AGENCY

STRUCTURE OF THE PPA

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ROLE AND FUNCTIONS OF THE PP AGENCY

  • Main powers of the Executive Director of the PPA

  • Issue methodological guidelines on the application of PPL

  • Maintain a Public Procurement Register

  • Elaborate drafts of the acts in the field of public procurements

  • Coordinate the activities relating to the training of all participants in the public procurement process

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PUBLIC PROCUREMENT AGENCY

  • PAPERS AND EFFORTS SUPPORTING THE IMPROVEMENT OF THE PUBLIC PROCUREMNT SYSTEM

  • 2004 - INSTITUTIONAL DEVELOPMENT PLAN /SIGMA/;

  • 2004 - TWINNING LIGHT PROJECT /PHARE/;

  • 2005 - ACTION PLAN;

  • 2005 – 2007 - NATIONAL STATEGY;

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Insurance of publicity, transparency, fair competition, equal treatment, non-discrimination

Put in line the Bulgarian legislation in the field of public contracts in compliance with the European

NATIONAL STARTEGY

Strengthening and development of the administrative capacity

NATIOANAL STRATEGY

FOR DEVELOPMENT OF PUBLIC PROCUREMENT AND CONCESSIONS SECTORS

FOR 2005-2007

Adopted by the Council of Ministers on November 10, 2005.

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PUBLIC PROCUREMENT LEGISLATION

  • LAWS

  • 1997 – LAW ON AWARD OF STATE AND MUNICIPALITY PROCUREMNT;

  • 1999 – PUBLIC PROCUREMNT LAW;

  • 2004 – PUBLIC PROCUREMNT LAW;

    AMENDMENTS OF LAW

  • 2002 – AMENDMENTS ON PUBLIC PROCUREMNT LAW;

  • 2006 - AMENDMENTS ON PUBLIC PROCUREMNT LAW

Ankara, Turkey – 5-6 February 2008


Monika dimitrova the new public procurement procedures and instruments

EUROPEAN LEGISLATION IN THE FIELD OF PUBLIC CONTRACTS

Directive2004/18/ЕCDirective2004/17/ЕC

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Directive 89 665 ec directive 92 13 ec

DIRECIVES 89/665/ECC AND 92/13/ECC

Directive 89/665/ЕECDirective 92/13/ЕEC

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EUROPEAN LEGISLATION IN THE FIELD OF PUBLIC CONTRACTS

PRINCIPLES to be adoptedopen, fair andtransparent manner of awarding equal treatment for all firms  improving the quality lowering the price

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DIRECTIVES 2004/18/EC AND 2004/17/EC

  • Adoption and publishing

  • March, April 2004

  • Key words for the legislative package

  • Updating

  • Simplification

  • Flexibility

Ankara, Turkey – 5-6 February 2008


Scope p ublic contracts and works c oncessions covered by the public procuremen t directives

DIRECTIVES 89/665/EEC AND 93/12/EEC

SCOPEPublic contracts and works concessions covered by the Public Procurement Directives

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DIRECTIVES 89/665/EEC AND 93/12/EEC

OBJECTIVES to be adoptedincrease the guarantees for transparency andnondiscriminationallowing effective and rapid action to be taken when there is analleged breach of the Public Procurement Directivesproviding economicoperators with the assurance that all tender applications will be treated equally

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STEP BY STEP TO THE HARMONIZATION

NATIONAL TEAM - WG

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STEP BY STEP TO THE HARMONIZATION

  • HANDBOOK ON PUBLIC PROCUREMENT – ELABORATED MARCH 2005

  • /assist the participants in the procurement process/

  • try for interpretation of the PP legislation

  • step-by-step guidelines for organizing award procedures

  • templates of documents administrative documents

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STEP BY STEP TO THE HARMONIZATION

PEER REVIEWS

FIRST - EARLY 2005, a peer review realized by SIGMA, requested by the European Commission to conduct a comprehensive assessment of the public procurement system in Bulgaria;

LAST ONE – FEBRUARY 2006 organized by the European commission with participation of MS’s experts

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STEP BY STEP TO THE HARMONIZATION

MEETINGS WITH DG INTERNAL MARKET/EC

 Advisory committee

 Working groups within the EC

 PPN

 Bilateral meetings – Brussels - Sofia

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STEP BY STEP TO THE HARMONIZATION

MEETINGS WITH DG INTERNAL MARKET/EC

/2004- 2006/

The most important tool for successful fulfillment of the requirements for compliance of the national legislation with the Acquis communautaire

Bilateral meetings – Brussels - Sofia

Participants at the meetings: representatives of PPA, CM, MEE, MF, MT, MSAAR, CPC, MFA, Mission of Bulgarian, DEC, SFIA, BNAO and etc.

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LAW FOR AMENDMENTS OF THE PPL

DIRECTIVES OF THE EUROPEAN UNION

Ankara, Turkey – 5-6 February 2008

LAW FOR AMENDMENTS OF THE PUBLIC PROCUREMENT LAW (LAPPL)


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LAW FOR AMENDMENTS OF THE PPL

  • Objectives of the Law

  • Compliance of the Bulgarian legislation in the field of public contract with the European

  • Passing of the public contracts to the so called “green zone”

  • Avoiding the possibility of imposing preventive clause, envisage in the Pre-accession agreement

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SECONDARY LEGISLATION

  • Rules for the implementation of the Public procurement law /RIPPL/

  • Ordinance for awarding small public contracts /OASPC/

  • Ordinance for conditions and order for award of special public contracts /OCOASPC/

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NEW STANDARD FORMS

  • What enforced the changes

  • Regulation №1564/2005

  • Reflection of the new changes in the legislation framework

  • Documents

  • Notices– different types regarding the value of the contract and publication of the information

  • Other contracts, related to the awarding of the public contracts

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NEW LEGAL FRAMEWORK IN BULGARIA

1 JULY 2006

SECONDARY

LEGISLATION

NEW STANDARD

FORMS

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PUBLIC PROCUREMENT LAW


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ROLE AND FUNCTIONS OF THE PP AGENCY

  • Powers of the Executive Director

  • In case of violation of the PPL

    • alert the competent authorities

    • reviewing before the CPC acts of the contracting authorities/entities violating Art. 25, Par. 5

    • file claims in court for declaring public contracts ineffectiveness

  • Collect and summarize the case law on application of PPL

  • Ankara, Turkey – 5-6 February 2008


    Ankara turkey 5 6 february 200830

    REVIEW OF AWARD PROCEDURES

    • New moments

    • Acts of the contracting authorities/entities – individual administrative acts

    • Competent authorities – CPC and SAC

      Consequences

    • Closure of the Arbitration court within the PPA

    Ankara, Turkey – 5-6 February 2008


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    REVIEW SYSTEM IN BULGARIA

    Ankara, Turkey – 5-6 February 2008


    Monika dimitrova the new public procurement procedures and instruments

    REVIEW SYSTEM IN BULGARIA

    REVIEW BODIES IN THE FIELD OF PUBLIC CONTRACTS

    FIRST INSTANCECOMMISSION FOR PROTECTION OF COMPETITIONSECOND INSTANCESUPRIME ADMINISTRATIVE COURT

    Ankara, Turkey – 5-6 February 2008


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    REVIEW SYSTEM IN BULGARIA

    Purpose of amendmentsAchievement of rapidity and an efficiency of the review proceeding Advantages Possibility for setting aside an infringement in the public award procedure prior to the conclusion of the public contract

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    REVIEW SYSTEM IN BULGARIA

    CHANGESPROCEDURES BEFORE CPCThe claim may be submitted by any person having or having had an interest to the conclusion of the public contract or the framework agreementThe submission of the claim shall not suspend the contract award procedure  Impose of the interim measures with decision  Review of the decision before the SAC – 7 day period for proceeding Pass the decision – in two months after the claim REVIEW OF THE DECISION - 14 day period before the SAC

    Ankara, Turkey – 5-6 February 2008


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    REVIEW STATISTICS OF THE CPC

    PERIOD 1 JULY 2006 – 31 MARCH 2007

    Ankara, Turkey – 5-6 February 2008


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    PPA

    SFIA

    NAO

    CONTROL AUTORITIES

    TRIPARTITE AGREEMENT

    • Public procurement agency

    • State financial inspection agency

    • National Audit office

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    COOPERATION

    WITH OTHER AUTHORITIES AND ORGANIZATIONS

    • State gazette

    • Medias

    • USAID – Open Initiative government

    Ankara, Turkey – 5-6 February 2008

    • SIGMA and others.


    Ankara turkey 5 6 february 200837

    PPA ACTIVITIES TO ASSIST ALL PARTICIPANTS IN THE AWARDING PROCESS

    • Statements in writings

    • Instructions at the PPA website

    “Hot” (telephone)line

    Ankara, Turkey – 5-6 February 2008

    Public contracts handbook


    Ankara turkey 5 6 february 200838

    PUBLICITY AND TRANSPARANCY

    • Public procurement register

    • Possibility for on-linefilling up of notices

    • Free of charge registration for extended search under the pattern chose by the user

    • Free of charge subscription to receiving of defined information

    Ankara, Turkey – 5-6 February 2008


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    PUBLICITY AND TRANSPARANCY

    E-procurement – step ahead to the uniform European market

    • E - Notification

    • E - Tendering

    • Е - awarding with the possibility for using Е- auction

    • E - management of the contract – E- Ordering, Е-Invoicing

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    PRACTICE

    • PUBLIC PROCUREMENT REISTER

    • FOR 2006

    • 8 763public contracts (procurement)

    • 6 500contracted

    • 11 823 751 781BGN without VAT

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    PRACTICE

    Awarding procedures depending on the legal act

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    Ankara turkey 5 6 february 200842

    PRACTICE

    Awarding procedures depending on the object of the public contract

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    PRACTICE

    Types of procedures under the PPL

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    PRACTICE

    Types of procedures under OASPC

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    PRACTICE

    Public contracts depending on the contracting authority/entity

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    THE PPA WEB SITE

    Ankara, Turkey – 5-6 February 2008


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    LESSONS LEARNED

    • Follow strictly the recommendations of the EC;

    • Use the assistance of EU instruments – PHARE, SIGMA, TAIEX, etc.

    • Take into account the opinion of as much participants in the public contracts as you can;

    • Be prepared for rapid and concrete actions;

    • Make a good and professional team;

    • Convince the government of the great importance of the issues in the field of PC;

    • Etc.

    Ankara, Turkey – 5-6 February 2008


    Monika dimitrova the new public procurement procedures and instruments

    THANK YOU FOR YOUR ATTENTION!

    Ankara, Turkey – 5-6 February 2008


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