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PPT, Moldova, Third ENP East public procurement conference, Tbilisi, 6 November 2019

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PPT, Moldova, Third ENP East public procurement conference, Tbilisi, 6 November 2019

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PPT, Moldova, Third ENP East public procurement conference, Tbilisi, 6 November 2019

  1. 1. EVOLUTION OF E-PROCUREMENT IN THE REPUBLIC OF MOLDOVA
  2. 2. AUTOMATED INFORMATION SYSTEM: STATE REGISTRY OF PUBLIC PROCUREMENT (V.1) 2009: a Technical Concept of the Automated Information System “State Register of Public Procurement” (AIS SRPP) is approved; SRPP is owned and managed by the State Procurement Agency 2008 - 2009: the SRPP is developed; the total budget is 6.5 million lei, 3.5 million lei allocated; Two functionalities still to be developed: e-submission of proposals and e-contracting; 2012: the SRPP system used by 34 central government bodies, with planned further involvement of system by 349 purchasing bodies to use the system (72% of the total public procurement budget). October 2018: the SRPP system is used to finilise all running procedures and to archive initiated ones; March 2019 to present: amendments have been made to the law regulating the use of the SRPP system by the Center for Centralized Public Procurement in Health Care. 21 user guides and videos available on YouTube; Technical assistance and training - 2 employees of the PPA; 11/18/2019 Agenția Achiziții Publice 2 http://etender.gov.md/
  3. 3. AIS SRPP (V.2) MTENDER  2016: A Memorandum on Cooperation for development of a new e-system signed between the Ministry of Finance, the Public Procurement Agency (PPA), the E-Governance Center, a number of business associations, NGOs and companies from the IT sector that would provide platforms for conducting public procurement operations in electronic format;  2017: Order of the Ministry of Finance on piloting an electronic public procurement system for low-value contracts;  07/2018:- Government Resolution No. 705/2018 approving the Technical Concept of the Automated Information System "State Register of Public Procurements" (MTender)  October 2018: MTender launched to be used by all procuremnt agencies;  The Ministry of Finance is the owner of the MTender, whereas the State Center for Information Technologies (CITF) in Finance is the holder and technical and technological operator of the central database.  The database is stored on MCloud, and cannot be connected to or accesses directly, but only through a limited- access platform.  EBRD investments are approximately EUR 0.8 million;  Procurement procedures: an open tender and request for price offers with a functionality that contradicts the Law and is developed as a proportion of about 20% of the required minimum;  Operating expenses during the launch period for up to 50 CITF employees, PPA staff and employees of all the three platforms. 11/18/2019 Agenția Achiziții Publice 3 http://mtender.gov.md/
  4. 4. MTENDER: ARCHITECTURE 11/18/2019 4 Ministry of Finance (CITF) Centralized Database Platform 2 Platform 1 Platform N Web interface Users Economic operators Purchasing bodies Other users
  5. 5. THE EVERYONE SEES EVERYTHING PRINCIPLE! 11/18/2019 Agenția Achiziții Publice 5 After completion of the procurement procedure in the system, the entire information regarding bids, clarifications, qualification documents, decisions, etc. becomes visible. Failure to comply with Directive 24 / EC, chapter II, art. 21 on Confidentiality.
  6. 6. MTENDER: TECHNICAL DRAWBACKS  Functionalities contradict requirements of the law;  Data are synchronized on 3 private platforms.  Digitization of information - electronic generation of documents and reports required in the public procurement process in accordance with legal provisions (annual procurement plan, declarations of intent / participation / award / amendment, award documentation,  Single European Procurement Document (ESPD), decision on the contract award, process reports, contracts, additional agreements, etc.).  Generation of data / statistical reports on public procurement.  Changes and additions to data in the procurement procedure and contracts.  Using the minimum net of necessary procedures (those most used).  Lack of “offices” for all stakeholder agencies (Public Procurement Agency, State Treasury, National Dispute Resolution Agency, National Anti-Corruption Center, Competition Council, Financial Inspection, Chamber of Accounts, etc.).  Interaction with existing/ future e-government services and national public registers.  Confidentiality of bids/offers (encryption / cryptography). 11/18/2019 Agenția Achiziții Publice 6
  7. 7.  No feasibility study prior to the development of this electronic system;  Multi-platform - solutions with numerous question marks;  The platforms function without any accreditation in accordance with law;  Economic operators have to pay for submission of proposals;  Zero or decreased interest of economic operators to participating in public procurement;  Mandatory use of the electronic system by all purchasing bodies versus gradual involvement of purchasing bodies ;  Premature implementation before developing the minimum set of necessary functionalities, without approval and testing by all competent public agencies;  Lack of “offices” for all stakeholder agencies (Public Procurement Agency, State Treasury, National Dispute Resolution Agency, National Anti-Corruption Center, Competition Council, Financial Inspection, Chamber of Accounts, etc.). 11/18/2019 Agenția Achiziții Publice 7 MTENDER: LESSONS LEARNED FROM 13 MONTHS OF USAGE (01.10.2018-31.10.2019)
  8. 8. GOALS OF THE ELECTRONIC SYSTEM to enable a comprehensive analysis by the Ministry of Finance of the current state of MTender, taking into account the perspective of government agencies (State Procurement Agency, National Dispute Resolution Agency, National Anti-Corruption Center, Electronic Governance Agency, Finance Information Technology Center, National Center for Personal Data Protection, etc.); to develop of a modern e-procurement platform with basic necessary functionalities and requirements approved and verified by all stakeholder institutions. The EU delegation to the Republic of Moldova recently signed a €1.2 million agreement for the development of the e-platform. 11/18/2019 Agenția Achiziții Publice 8
  9. 9. Agenția Achiziții Publice Ruslan MALAI E-mail: ruslan.malai@tender.gov.md Web: www.tender.gov.md 11/18/2019 9

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