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Presentation by Malgorzata Stachowiak, Poland (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

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Presentation by Malgorzata Stachowiak, Poland (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

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Presentation by Malgorzata Stachowiak, Poland (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

  1. 1. © OECD Streamlining the procurement process: practical examples based on the most recent SIGMA Paper Selection of economic operators in public procurement procedures: overview of legislation and practice in the EU Małgorzata Stachowiak, procurement expert, Poland Kyiv, Ukraine, 29-30 May 2018
  2. 2. Preparation of procurement process What to buy to meet the needs of a contracting authority? Who is the perfect contractor? What award criteria shall be applied? How the contract provisions shall be drafted? 1
  3. 3. Selection of economic operators • Tools for contracting authority (given in law):  Grounds for exclusion  Qualification and Selection criteria (adequate capacities)  Verification • Tools for a state (drafting the law):  Integrity of the process  Implementation of policy • social, environmental, labour consideration • SMEs participation  Simplification and reduction of administrative burden 2
  4. 4. Selection of economic operator Competition Reliable contractors 3
  5. 5. How to make the process of selection more efficient? • Self – declarations submitted by all participating economic operators • Presentation of means of proof of eligibility only by „winning” tenderer 4 European Single Procurement Document ESPD Jednolity Europejski Dokument Zamówienia JEDZ Standardformular für die Einheitliche Europäische Eigenerklärung EEE
  6. 6. Means of proof - Estonian example 5
  7. 7. Means of proof experience of an economic operator • Hungarian example:  Obligation for a contracting authority to issue a certificate after proper performance of a contract free of charge within 2 business days of the receipt if the request  Rules how to deal with certificates issued for consortium • Romanian example:  Certificate on contract performance published in Electronic System for Public Procurement 6
  8. 8. Self - cleaning a new idea to ensure proportionality Possibility of rehabilitation : economic operator to which grounds of exclusion apply, can adopt compliance measures aimed at remedying the consequences of misconduct and preventing further occurrences of the misbehaviour 7
  9. 9. Self – cleaning in practice • Self- cleaning measures presented before the PPA • Decision on successful self- cleaning published on PPA’s website Centralised model (Hungary) • Self- cleaning proofs presented in each procedure to a contracting authority • Decision of contracting authority can be challenged to the review body Decentralised model (Poland) 8
  10. 10. Blacklisting? • Uncertainty concerning the permissibility and use of central automatic blacklists • Exception:  Final judgement specifies sanction of exclusion from public procurement and the period during which the sanction will apply  No self-cleaning measures ca be used as a defence against exclusion 9
  11. 11. Sigma Paper 1. Introduction 2. Legislation and practice 2.1. Overview and general principles 2.2. Grounds for exclusion 2.3. Selection 2.4. Reduction of the number of otherwise qualified candidates to be invited to participate 2.5. European Single Procurement Document 2.6. Means of proof 2.7. Additional information or documentation 2.8. Open procedure – Verification of information after examination of tenders 2.9. Official lists and blacklists 10
  12. 12. Sigma Paper 3. Key findings and success factors 4. Country chapters 4.1. Estonia 4.2. Hungary 4.3.Latvia 4.4.Malta 4.5. Poland 4.6. Scotland 5. Case law of the Court of Justice of the European Union 11
  13. 13. Thank you! To find out more about public procurement publications and SIGMA: www.sigmaweb.org sigmaweb@ocecd.org 12

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