TWINNING LIGHT PROJECT FICHE
BASIC INFORMATION
1.1.
CRIS
and
Twinning
BG/2007/IB/FI/03/UE/TWL
Number:
BG
2007/019-303.07.03.19,
1.2.
Title: “Further development of the mechanisms for ex-ante control of
procurement procedures financed by EU funds”
1.3.
Location: Bulgaria, the Public Procurement Agency
BACKGROUND
The foundations of the current institutional set-up and the legislation regulating
public procurement in Bulgaria were laid mainly during the period 2004 - 2008. The
main role in this system of public procurement is played by the Minister of Economy
and Energy, who is responsible for implementing the national policy in the field. He is
assisted for this purpose by the Public Procurement Agency (PPA). The Agency was
established in March 2004 as an administrative structure within the Ministry of
Economy and Energy. The powers and the functions of the Executive Director of the
Agency are defined in the Public Procurement Act (Art. 19, PPL). The Agency is
bearing the responsibility for implementing of the public procurement policy and for
carrying out the coordination in the public procurement system .
The main priority of the Pubic Procurement Agency is to ensure the efficiency of the
public procurement system in compliance with the principles of:
 publicity and transparency;
 free and fair competition;
 equality and non-discrimination.
The national legislation in the sphere of public procurement comprises:
 the Public Procurement Act (PPA);
 the Rules for Implementation of the Public Procurement Act (RIPPA);
 the Ordinance on the Award of Small Public Procurement Contracts
(OASPPC);
 the Ordinance on the Award of Special-Purpose Public Procurement Contracts
(OASPPPC).
The statutory instruments listed above have been aligned with the acquis
communautaire on public procurement. The PPA implements the requirements of
Directive 2004/17/EC and Directive 2004/18/EC of the European Parliament and the
Council of the 31st March 2004. The relevant European regulations ensuring
administrative and judicial control for compliance with the public procurement
legislation also have been adopted.
The Public Procurement Act (PPA) was adopted by the National Assembly on the 24th
of March 2004 and entered into force on the 1st of October 2004. The latest
amendments to the PPA ware published in the State Gazette on the 16th of October
2008. The Law for amendments and supplements of the PPA entered into force on the
1st of January 2009. The amendments and supplements to the secondary legislation
1
were accordingly drafted, adopted and published in the State Gazette. They entered
into force on the same date as the PPA.
The main goals of the amendments to the existing PPA, as well as the main
goals to be achieved through them, can be summarized into the following categories:
 Amendments aiming at accomplishing a higher level of publicity and
transparency;
 Amendments aiming at strengthening the control over the award of
public contracts;
 Amendments aiming at simplifying the rules and reducing the
administrative and financial burden upon the candidates and tenderers.
DESCRIPTION OF THE ASSIGNMENT
3.1
Beneficiary(ies)
3.1.1. Detailed description of the main beneficiary institution
The Public Procurement Agency (the Agency) will be beneficiary institution and
will be responsible for the overall management, implementation and co-ordination of
the project. Representatives if line ministries, managing authorities and implementing
bodies will take part in relevant training activities.
The activity, structure, operational rules and number of staff of the Agency are
stipulated in the Statute of the Public Procurement Agency adopted by the Council of
Ministers (SG No 24/23.03.2004; SG No97/02.11.2004; SG№ 3/13.03.2009). The
Agency is managed and represented by an Executive Director, who is appointed by
the Minister of Economy and Energy. In exercising her powers the Executive Director
of the Agency has the following main functions:
- issuing guidelines and methodological instructions on application of the PPA
and the secondary legislation;
- bringing court actions for annulment of public procurement contracts in case
of violation of the law;
- notifying the competent authorities for performing checks on the
implementation of the Law;
- publishing manuals and guidelines on public procurement;
- keeping a Public Procurement Register;
- popularizing good practices in the sphere of public procurements.
In connection with the execution of the powers thereof, the Executive Director of the
Agency have the right to require the necessary information from contracting
authorities and entities.
For the purpose of achieving more publicity and transparency in the field of
public procurement, with the amendments to the PPA in force as of the 1st of January
2009 the Executive Director was given the following additional functions:
- to act jointly with the managing authorities of operational programmes when
exercising ex-ante control over public procurement procedures of values equal
to or exceeding the values stated in the Regulation referred to in Article 45a
(1) PPL and are financed in whole or in part by resources from the EU funds;
- to exercise ex-ante control over decisions for the launch of negotiated
procedures without publication of a contract notice in pursuance of items 3 to
9 and item 12 of Article 90 (1) of the PPA, issued by the contracting
authorities covered under items 1 to 4 of Article 7 of the PPA;
2
-
-
-
to maintain a list of the persons in respect of whom non-performance of a
public procurement contract has been ascertained by an effective judgment of
court;
to maintain a list of the persons who have been found by the Public Financial
Inspection Agency to have committed violations upon the spending of
resources under programmes of the European Union;
maintain a list of the persons who have been found by the Public Financial
Inspection Agency to have committed violations upon the spending of
resources under programmes of the European Union.
3.1.2. The context in the beneficiary country (BC) and linked activities
The PPA aims at achieving full compliance with the acquis by setting up mechanisms
for effective law enforcement and enhancing transparency in the award public
procurement contracts, both on central and local levels.
In the year 2005 the Twining project BG/2002/IB/FI/04/UE: “Strengthening the
administrative capacity of the PP agency and improvement of the legal framework in
the area of public procurement” has been successfully realised in cooperation with
Denmark. The project included the following components:
Component 1 – Further improvement of the legal frame work
Component 2 – Development of the administrative capacity of PP system.
Component 3- Further improvement of PP Register in compliance with previously
elaborated SIGMA analysis and efficient web-base access to the Register.
With the implementation of the project the following results were achieved:
- Improvement of the legal framework in the field of public procurement;
- Improvement of the organization of work in the Agency;
- Elaboration of a draft strategy for human resource management in the Agency;
- Functional improvement of Public Procurement Register.
In the year 2008 the Twining project BG 2005/IB/FI/04: “Further development of the
public procurement system in Bulgaria” was successfully realised in cooperation with
Italy and Poland. The project included the following components:
Component 1 – Further improvement and adaptation of the Public Procurement
legislation in line with EU requirements
Component 2 - Further development of the administrative capacity in the public
procurement system.
Component 3 - Organisation and implementation of a public awareness camping at
central and regional level
Component 4 –Elaboration of an Action plan for development of the Agency website
and its transformation into an e-portal for information on public procurement.
Component 5 - External training activities and Training centre set-up.
With the implementation of the project the following results were achieved:
- In-depth comparative analysis of the Bulgarian and the EU legislation;
- Manual on public procurement;
- Training events on all the activities set out in the project;
- Fully-equipped training centre.
Till the 9th of June the Public Procurement Agency will finish the project “Good
practices and effective partnership in the field of public procurement”, with the
3
financial support of Operational Programme “Administrative Capacity”, co-financed
by the European Union through the European Social Fund (Contract K08-14-2C/09.07.2008).
The main activities of the project are:
Activity 1 – Elaboration of a concept for establishment of a central purchasing body.
Activity 2 – System of measures aimed at prevention of corruption practices.
Activity 3 – Training activities and preparation of guidelines based on best public
procurement practices.
Activity 4 – Software update of the Register of public procurement and development
of Portal for public procurement
Activity 5 – Information campaigns in relation to the implementation of the project
The general objective of the project is to obtain greater efficiency in the
administrative work of all specialized bodies with methodological and control powers
in the field of public procurement.
This Twinning Project and the above mentioned linked activities do not overlap
because the project covers topics mainly related to the amendments to the Public
Procurement Law in force as of January 1, 2009. These amendments introduced the
participation of independent external experts in the tender evaluation committees and
the new functions of the Public Procurement Agency concerning ex-ante control of
negotiation procures without publication of notice and procedures financed by the EU
funds.
3.1.3. The proposed methodology for implementing the intended reform
The planned development of the mechanisms for ex-ante control of procurement
procedures financed by EU funds could be achieved by means of the following:
- Thorough screening and analysis of the existing mechanisms for ex-ante
control of procurement procedures financed by EU funds.
- Study visits in MS for surveying best practices in implementing mechanisms
for ex-ante control over public procurement with EU funds.
- Development of handbook and template documents for the implementation of
ex-ante control over public procurement with EU funds.
- Seminars and workshops aiming at the dissemination of the developed
methodology for ex-ante control over public procurement with EU funds
3.1.4. Steering Committee
The Steering Committee (SC) will be established for the purposes of the project. It
will be chaired by the BC Project Leader and will consist of representatives of the
Agency and twinning partners.
The main task of the SC is to monitor the project progress, to evaluate the compliance
of the outputs with the project objectives, to recommend corrective measures and
redefine if necessary the priorities and activities of the project. .
The following Steering Committee meetings shall be held during the project
implementation:
 Kick-off Meeting at the project’s start.
 Steering Committee during the 3rd month to discuss and approve the start-up
report.
 Final Steering Committee to discuss and approve the final report.
4
3.1.5 BC Project Leader
The assigned BC Project Leader shall be:
Mrs. Miglena Pavlova
Executive Director of Public Procurement Agency
4, Lege Str.
1000 Sofia
Tel: +359 2 / 940 70 50
Fax: +359 2 / 940 70 52
E-mail: [email protected]
3.2
Global and specific objectives
Global objective:
Higher degree of effectiveness of ex-ante control over public procurement
with EU funds
Specific objectives:
 Identification of the strengths and weaknesses of the current system for
ex-ante control over the public procurement financed by the EU funds.
3.3

Studying the best practices and problems met in the field, which could
be used for the improvement of the current system for ex-ante and
control over the public procurement financed by the EU funds.

Elaboration of methodology, handbook and template documents for
efficient ex-ante control over the public procurement financed by the
EU funds.
Requested services / nature of activities
Component 1
Review and analysis of the system for ex-ante control over the public
procurement financed by the EU funds
Activity 1.1 (A 1.1): Two screening missions in BC for 5 working days of 4 MS
experts who will prepare analysis of the existing legal framework, practices and
mechanisms for ex-ante control of procurement procedures financed by EU funds.
Activity 1.2 (A 1.2): Study visit in MS for 6 working days of 7 BC experts who will
examine best practices in implementing mechanisms for ex-ante control over public
procurement with EU funds. This activity is necessary as the experts who will take
part in the development of the mechanisms for ex-ante control of procurement
procedures financed by EU funds should gain practical experience in the field. These
visits will give them the opportunity to analyse the use of diverse control mechanisms
in different legal, institutional and cultural background.
Activity 1.3 (A 1.3): Workshop for discussion of the results of the analyses of the
legal framework, practices and control mechanisms for ex-ante control over public
procurement with EU funds with representatives of managing authorities and
intermediary bodies- 1 mission x 4 experts x 5 days
5
Activity 1.4 (A 1.4): Development of strategic paper with recommendations for the
future development of the legal framework, practices and mechanisms for ex-ante
control of procurement procedures financed by EU funds-1 mission x 4 experts x 5
days
Component 2
Measures for optimization of the system for ex-ante control over public
procurement financed by the EU funds
Activity 2.1 (A 2.1): Elaboration of methodology for ex-ante control of procurement
procedures financed by EU funds and elaboration of guidelines for the participation of
independent experts in the work of evaluation committees -1 mission x 4 experts x 5
days
Activity 2.2 (A 2.2 ): Trainings of staff members of the Agency and representatives
of managing authorities and implementing bodies – training of trainers, training of
staff members of the Agency and trainings of representatives of managing authorities
and intermediary bodies-3 missions x 4 experts x 5 days
3.4
Mandatory result and benchmarks
Result 1.1.1 (R 1.1.1) Screening report including SWOT analysis and needs
assessment of the ex-ante control system.
Result 1.2.1 (R 1.2.1) Comparative analysis of the ex-ante control systems in the BC
and visited MS.
Result 1.3.1 (R 1.3.1) 30 experts from managing authorities and intermediary bodies
informed and involved in discussion about the results of the conducted analysis of the
system for ex-ante control over public procurement with EU funds.
Result 1.4.1 (R 1.4.1) Strategic paper with recommendations for the development of
the legal framework, practices and mechanisms for ex-ante control of procurement
procedures financed by EU funds.
Result 2.1.1 (R 2.1.1) Methodological guidelines on ex-ante control of procurement
procedures financed by EU funds on the web site of the Agency.
Result 2.1.2 (R 2.1.2) Handbook with best practices in ex-ante control of procurement
procedures financed by EU funds on the web site of the Agency.
Result 2.1.3 (R 2.1.3) Template documents for the exertion of ex-ante control of
procurement procedures financed by EU funds on the web site of the Agency.
Result 2.1.4 (R 2.1.4) Guidelines on the participation of independent experts in the
work of evaluation committees on the web site of the Agency.
Result 2.2.1 (R 2.3.1) 10 experts completed a course “training of trainers” trained.
Result 2.2.2 (R 2.3.2) 30 staff members of the Agency have successfully completed
the training on ex-ante control mechanisms.
Result 2.2.3 (R 2.3.3) 50 representatives of managing authorities and intermediary
bodies have successfully completed the training on ex-ante control mechanisms.
The project will be implemented through one Twinning Light Contract estimated to
194 000 euro. The national co-financing will be up to 10% of the budget of the project
6
and will be ensured by the National Fund Directorate of Ministry of Finance of
Bulgaria.
EXPERTS PROFILE
The Project Leader (PL) must:
 be an expert with at least 5 years professional (theoretical and practical)
experience in the field of public procurement;
 have experience in project management – at least one successfully
accomplished international project;
 possess advanced organisational and communication skills
 have profound knowledge of the EU public procurement system;
 be computer literate and fluent in English.
The short term experts (STE) must:
 be an expert with at least 3 years professional (theoretical and practical)
experience in the field of public procurement;
 possess excellent organisational and communication skills
 have excellent knowledge of the EU public procurement system;
 be computer literate and with good command of English.
LOCATION AND DURATION
5.1
Starting date 1
The project activity will start in January 2010.
5.2
Finishing date of the assignment
The project will be completed in June 2010.
5.3
Schedule and number of units (man-days) for the assignment ( per expert
if possible)
Activities
A 1.1
A 1.2
A 1.3
A 1.4
A 2.1
A 2.2
Type
Screening mission
Study visit
Workshop
Development of strategic paper
Ex-ante control methodology
Three trainings
Man-days
40
20
20
20
60
Proposed indicative time schedule
7
Activities
A 1.1
A 1.2
A 1.3
A 1.4
A 2.1
A 2.2
5.4
Months (x = <e.g 5> man-days)
1
xxxx
2
xxxx
3
4
xxxx
xx
xx
xx
xxxx
5
6
xx
xxxx
xxxx
Location of assignment
Bulgaria, the Public Procurement Agency
REPORTING
6.1
Content, official language, format and number of reports
The twinning partners shall submit following reports:

A jointly drafted start-up report covering the first two months of the contract
and submitted during the third month.

A jointly drafted final report describing the project implementation, including
detailed information on the results achieved follow-up recommendations and
any necessary corrective actions.
Reports will follow the templates of Annex C4 of the Common Twinning
Manual
In addition to these formal reporting stages, the twinning partners are obliged
to inform in writing the Contracting Authority and the Monitoring bodies, as
well as the final beneficiary of the action of any critical aspects or conditions of
project implementation, or any amendments/modifications necessary within the
budget.
All reports must be produced in English language in electronic and hard copy.
These reports shall be signed by both project leaders.
Each report must be presented in electronic format one week prior to the
Steering Committee meetings (see below) and in 1 hard copy to each of the
following addresses:
Mrs Ivanina Beleva
CFCU Director
Contracting Authority
102, Rakovski Str.
1000 Sofia, Bulgaria
8
The final versions should incorporate any comments and discussions during the
Steering Committee meetings.
6.2
Translation & interpretation needs
Simultaneous translation must be assured for the seminars and round tables and
consecutive translation – for the meetings and work visits.
6.3
Date of submission
The start-up report will be submitted in the third month after the signing of the
contract and the final report – within the legal duration of the project.
9