Developing a Strategy for Public Procurement Reform

Elisabetta Piselli
Senior Counsel, LEGIA
Procurement and Consultant Services
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OECD-SIGMA – Background information and
context
OECD – SIGMA – Objectives, role and specific
activities related to public procurement
reforms
OECD-SIGMA – A specific capacity building
experience: EU multi-country project on
training in public procurement in Western
Balkans countries and Turkey (IPA countries)
Background information
and context
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Joint initiative of the EU and the OECD principally
financed by the EU to support public administration
reforms
Launched in 1992 to support Czech Republic,
Hungary,
Poland,
Slovakia
and
Slovenia,
progressively extended to other countries in Central
and Eastern Europe and Mediterranean countries
Former partners
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All ten 2004 and the two 2007 EU entrants
Cyprus; Czech Republic; Estonia; Hungary; Latvia; Lithuania; Malta; Poland;
Slovakia; Slovenia; Bulgaria and Romania
Current partners
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Current EU candidate countries
Croatia, the Former Yugoslav Republic of Macedonia and Turkey
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EU potential candidate countries
Albania, Bosnia and Herzegovina, Montenegro, Serbia, and Kosovo
IPA (Instrument for Pre-Accession Assistance)
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EU neighbors
Armenia, Azerbaijan, Belarus, Georgia, Moldova, Ukraine, Algeria, Egypt, Israel,
Jordan, Lebanon, Libya, Morocco, West Bank and Gaza, Syria, Tunisia and Russia
ENP (European Neighborhood Policy)
Objectives, role and specific
activities related to public
procurement reforms
Bring public procurement systems in general, and public procurement
laws in particular, in line with EU legislation (Community acquis):
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EC
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EC
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Treaty: public procurement as part of the internal market
non-discrimination
transparency
Public Procurement Directives
Public sector and utilities Directives
Specific rules: publication, procedures, criteria for qualification, criteria for award, etc.
Apply above certain set financial thresholds
Remedies Directives (effective remedies systems)
Promote (international) recognized good practices in public procurement
(mostly practices already covered by the Community acquis but partly going
beyond it):
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Public Procurement Policy Offices
Procurement below EU financial thresholds + small value
Procurement training
Legal Drafting
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Assessment of reform progress and identification of priorities
for reform against baselines set by EU legislation and good
practice
Advisory and support to reforms (support institution-building
and setting up legal frameworks and procedures to meet EU
legislation and good practice)
Facilitating assistance from the EU and other donors by
helping design projects preconditions and action plans
Reforms undertaken between 2005
and 2007
SIGMA Support
Improvement of legislative
framework (as a result of 2005
Assessment)
TA for the preparation and finalization of
legislation (primary and secondary)
compliant with EU legislation, and on
specific topics such as concessions
Establishment of an independent
and fully operational PPA
Assistance to the organizational design of
the PPA; the establishment of the new
independent PPA; and training of PPA staff
Establishment of an effective
remedies system
Assistance to the establishment of the new
independent review Body; and training of
the Review Body staff.
Parallel to SIGMA support, the reform process was
supported by extensive EC funded training programs
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Annual assessment reports for EU candidate and
potential candidate countries
Regional conferences with promotion of regional
exchange of knowledge
Knowledge transfer through SIGMA Papers and
information available on SIGMA website
Training (mainly through MS experts)
A specific capacity building
experience: EU multi-country project
on training in public procurement in
Western Balkan countries and
Turkey (IPA countries)
Mid December 2007, SIGMA’s assessment of the existing situation and
training needs in the region:
Main findings
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Significant lack of coherent and coordinated provision of training and other
capacity building activities in the region
Over-legalistic rather than practical approach in training provided
Training needs
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Introduction of a sustainable procurement training strategy at regional and
national levels with special focus on the improvement of professionalism at
the operational level and establishment of a community of practice
Phase I
SIGMA
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Development of a public procurement training manual
(based on EU
legislation and practices with strong focus on practical and operational
aspects of public procurement)
Phase II
TA financed by the EU
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Localization of the training manual (translation + adaptation to local legal
systems) for each beneficiary country
Training of trainers and certification of more than 150 trainers from the region
One-two years monitoring and support to trainers activities
During Phase II, SIGMA will provide steering
and monitoring assistance to the EU and project managers