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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 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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  1. 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

  2. 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. Ankara, Turkey – 5-6 February 2008

  3. EU REPORTS Regular reports by the EC to the Council on further progress achieved by Bulgaria • 1998 • 1999 • 2000 • 2001 • 2002 • 2003 • 2004 • 2005 Ankara, Turkey – 5-6 February 2008

  4. 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….” Ankara, Turkey – 5-6 February 2008

  5. 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” Ankara, Turkey – 5-6 February 2008 “There is at present no central Public Procurement Office but…. Adequate structures need to be set up for the control of public procurement procedure”

  6. 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.”. Ankara, Turkey – 5-6 February 2008

  7. 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.”. Ankara, Turkey – 5-6 February 2008

  8. 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.”. Ankara, Turkey – 5-6 February 2008

  9. 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.”. Ankara, Turkey – 5-6 February 2008

  10. 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 Ankara, Turkey – 5-6 February 2008

  11. 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 Ankara, Turkey – 5-6 February 2008

  12. ROLE AND FUNCTIONS OF THE PP AGENCY Ankara, Turkey – 5-6 February 2008

  13. ROLE AND FUNCTIONS OF THE PP AGENCY STRUCTURE OF THE PPA    Ankara, Turkey – 5-6 February 2008       

  14. 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 Ankara, Turkey – 5-6 February 2008

  15. 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; Ankara, Turkey – 5-6 February 2008

  16. 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. Ankara, Turkey – 5-6 February 2008

  17. 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

  18. EUROPEAN LEGISLATION IN THE FIELD OF PUBLIC CONTRACTS Directive2004/18/ЕCDirective2004/17/ЕC Ankara, Turkey – 5-6 February 2008

  19. DIRECIVES 89/665/ECC AND 92/13/ECC Directive 89/665/ЕEC Directive 92/13/ЕEC Ankara, Turkey – 5-6 February 2008

  20. 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 Ankara, Turkey – 5-6 February 2008

  21. 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

  22. DIRECTIVES 89/665/EEC AND 93/12/EEC SCOPEPublic contracts and works concessions covered by the Public Procurement Directives Ankara, Turkey – 5-6 February 2008

  23. 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 Ankara, Turkey – 5-6 February 2008

  24. STEP BY STEP TO THE HARMONIZATION NATIONAL TEAM - WG Ankara, Turkey – 5-6 February 2008

  25. 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 Ankara, Turkey – 5-6 February 2008

  26. 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 Ankara, Turkey – 5-6 February 2008

  27. STEP BY STEP TO THE HARMONIZATION MEETINGS WITH DG INTERNAL MARKET/EC  Advisory committee  Working groups within the EC  PPN  Bilateral meetings – Brussels - Sofia Ankara, Turkey – 5-6 February 2008

  28. 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. Ankara, Turkey – 5-6 February 2008

  29. 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)

  30. 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 Ankara, Turkey – 5-6 February 2008

  31. 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/ Ankara, Turkey – 5-6 February 2008

  32. 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 Ankara, Turkey – 5-6 February 2008

  33. NEW LEGAL FRAMEWORK IN BULGARIA 1 JULY 2006 SECONDARY LEGISLATION NEW STANDARD FORMS Ankara, Turkey – 5-6 February 2008 PUBLIC PROCUREMENT LAW

  34. 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

  35. 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

  36. REVIEW SYSTEM IN BULGARIA Ankara, Turkey – 5-6 February 2008

  37. REVIEW SYSTEM IN BULGARIA REVIEW BODIES IN THE FIELD OF PUBLIC CONTRACTS FIRST INSTANCE COMMISSION FOR PROTECTION OF COMPETITIONSECOND INSTANCE SUPRIME ADMINISTRATIVE COURT Ankara, Turkey – 5-6 February 2008

  38. 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 Ankara, Turkey – 5-6 February 2008

  39. 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

  40. REVIEW STATISTICS OF THE CPC PERIOD 1 JULY 2006 – 31 MARCH 2007 Ankara, Turkey – 5-6 February 2008

  41. PPA SFIA NAO CONTROL AUTORITIES TRIPARTITE AGREEMENT • Public procurement agency • State financial inspection agency • National Audit office Ankara, Turkey – 5-6 February 2008

  42. COOPERATION WITH OTHER AUTHORITIES AND ORGANIZATIONS • State gazette • Medias • USAID – Open Initiative government Ankara, Turkey – 5-6 February 2008 • SIGMA and others.

  43. 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

  44. 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

  45. 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 Ankara, Turkey – 5-6 February 2008

  46. PRACTICE • PUBLIC PROCUREMENT REISTER • FOR 2006 • 8 763public contracts (procurement) • 6 500contracted • 11 823 751 781BGN without VAT Ankara, Turkey – 5-6 February 2008

  47. PRACTICE Awarding procedures depending on the legal act Ankara, Turkey – 5-6 February 2008

  48. PRACTICE Awarding procedures depending on the object of the public contract Ankara, Turkey – 5-6 February 2008

  49. PRACTICE Types of procedures under the PPL Ankara, Turkey – 5-6 February 2008

  50. PRACTICE Types of procedures under OASPC Ankara, Turkey – 5-6 February 2008

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