Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
© OECD
[SECOND SIGMA REGIONAL ENP
EAST CONFERENCE ON PUBLIC
PROCUREMENT ]
[The public procurement reform
in Greece]
Kiev, ...
The role of the Single Public
Procurement Authority
• Established by Law 4013/2011
• It is the state's institution aiming ...
The Greek public procurement
reform
In total alignment with the policies and guidance
of the EU
Greece has already accompl...
 The legal framework
• Law 4412/2016 incorporates Directives
2014/24/EU and 2014/25/EU
This new law establishes a compreh...
The legal framework
 The most significant contributions of law
4412/2016 can be depicted as follows:
• It establishes a s...
The legal framework
• It strengthens the use of social and green
criteria in awarding contracts.
• It introduces new proce...
The legal framework
• It establishes mechanisms for monitoring and
controlling of the public procurement system
(“governan...
Structure of the law
• Book I: General and specific provisions for
award and execution irrespective of the type of
contrac...
Structure of the law
• Book III: Governance (provisions to enhance
transparency by collecting data and reporting)
• Book I...
Previous public procurement system
• It was constituted by a plethora of legislative
and regulatory provisions governing t...
Previous public procurement system
• It was deemed necessary to simplify it and
to have as few laws as possible
• WHY?
The...
Previous public procurement system
A particularly important step towards the
consolidation and simplification
The explicit...
Analysis of the law
Book I
 New procurement procedures and new
online procurement tools such as:
• - Competitive dialogu...
Analysis of the law
Book I
 Ensuring public interest by establishing
transparent and qualitative criteria such as the
dr...
Analysis of the law
• Accelerate procedures by shortening the time
limits for submitting bids
• Criterion of the most econ...
Analysis of the law
• Electronic means of information and
communications
In particular, the National Electronic Public
Pro...
Analysis of the law
• Central Electronic Registry of Public Procurement
(KHMDHS) are regulated in order to define the
nece...
Analysis of the law
• Framework Agreements - Central Purchasing
Authorities
• Preliminary market consultations
• Maturity ...
Analysis of the law
• Conflict of interests
• Mandatory – Potential grounds for exclusion
• Modification of contracts duri...
Analysis of the law
Book III:
• It includes provisions on governance
procedures to be applied by contracting
authorities ...
Analysis of the law
Book IV:
• An improved system of legal protection at the
stage of awarding public contracts.
• Any in...
Analysis of the law
Indicators about the national review system
The objections and appeals submitted in 2017
in competiti...
Analysis of the law
Stages of
competitions
Objections /
Appeals
Tendering
procedures
economic
operators
Under
evaluation
3...
The legal framework
• Law 4413/2016 incorporates the provisions of
Directive 2014/23
In this way, the Greek legal system...
The legal framework
• The most significant contributions of law
4413/2016 can be depicted as follows:
It defines and ana...
The legal framework
Contracting authorities must publish the
notices and award decisions in KIMDIS and
their website.
I...
The National Strategy on Public
Procurement
• The National Strategy on Public Procurement
outlined by the Hellenic Single...
The National Strategy on Public
Procurement
• It represents the first national strategy on
public procurement and aims at ...
The National Strategy on Public
Procurement
• The implementation of the Action Plan is to be
monitored, evaluated, reviewe...
Conclusion
• The new law adopts a set of innovative regulations
aimed at
 consolidating and continuously improving the
p...
• Thanks for your attention!
30
Upcoming SlideShare
Loading in …5
×

Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

16 views

Published on

Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.

Published in: Government & Nonprofit
  • Be the first to comment

  • Be the first to like this

Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

  1. 1. © OECD [SECOND SIGMA REGIONAL ENP EAST CONFERENCE ON PUBLIC PROCUREMENT ] [The public procurement reform in Greece] Kiev, Ukraine, 29-30 May 2018 Maria Stylianidou, Professor of the Hellenic Open University, Member of the Single Public Procurement Authority
  2. 2. The role of the Single Public Procurement Authority • Established by Law 4013/2011 • It is the state's institution aiming to ensure the application of the principles of good governance in the field of public procurement • The Authority has been charged with various competences (advisory, coordinative, supervisory, reviewing etc) 1
  3. 3. The Greek public procurement reform In total alignment with the policies and guidance of the EU Greece has already accomplished two significant reforms: • The Incorporation of the new EU Directives on public procurement into Greek Law; and • The adoption of the National Strategy on public procurement 2
  4. 4.  The legal framework • Law 4412/2016 incorporates Directives 2014/24/EU and 2014/25/EU This new law establishes a comprehensive, simplified and coherent regulatory framework for public procurement, without exceptions and special regimes. 3
  5. 5. The legal framework  The most significant contributions of law 4412/2016 can be depicted as follows: • It establishes a system of market centralization. • It furthers the use of electronic procedures and tools. • It facilitates the process of demonstrating that grounds for exclusion do not apply to economic operators. 4
  6. 6. The legal framework • It strengthens the use of social and green criteria in awarding contracts. • It introduces new procedures for public procurement, especially in the field of innovation. • It regulates the issue of contract modification, during its execution, for the first time. • It establishes mechanisms for monitoring and controlling of the public procurement system (“governance of public procurement”). 5
  7. 7. The legal framework • It establishes mechanisms for monitoring and controlling of the public procurement system (“governance of public procurement”) • It puts great emphasis in helping SMEs to participate actively in public procurement. • A new centralized system of pre-judicial protection and review is established. 6
  8. 8. Structure of the law • Book I: General and specific provisions for award and execution irrespective of the type of contracting authority by adapting to Directive 2014/24 / EU. • Book II: General provisions for the award of contracts to contracting entities operating in the water, energy, transport and postal services sectors by incorporating the provisions of Directive 2014/25 / EU. 7
  9. 9. Structure of the law • Book III: Governance (provisions to enhance transparency by collecting data and reporting) • Book IV: New system of pre-trial appeal at the stage preceding the conclusion of a public contract by setting up a new independent body as an independent authority 8
  10. 10. Previous public procurement system • It was constituted by a plethora of legislative and regulatory provisions governing their conclusion according to either the contracting authority (central government / local government, state controlled entities) or the type of contract (works / supplies / services) or even the market sector (health / information technology, etc.) 9
  11. 11. Previous public procurement system • It was deemed necessary to simplify it and to have as few laws as possible • WHY? The fragmentation that existed was in a significant extent, unnecessary and creating reasonable confusion both for contracting authorities and for economic operators. 10
  12. 12. Previous public procurement system A particularly important step towards the consolidation and simplification The explicit abolition of regulations for the award and execution of procurement, services and works by various bodies, which was regulating specifically and individually procurement issues for each operator, and was maintaining fragmentation of the national legal framework for public procurement. 11
  13. 13. Analysis of the law Book I  New procurement procedures and new online procurement tools such as: • - Competitive dialogue • - Competitive negotiated procedure • - Dynamic Purchasing System • - Electronic auctions • - Electronic catalogues 12
  14. 14. Analysis of the law Book I  Ensuring public interest by establishing transparent and qualitative criteria such as the drawing up of technical specifications.  The administrative burden resulting from the need to present a significant number of certificates or other documents related to exclusion criteria and selection criteria is reduced by the use of the European Single Convention Document  Use of e-Certis 13
  15. 15. Analysis of the law • Accelerate procedures by shortening the time limits for submitting bids • Criterion of the most economically advantageous tender • Environmental, social and labor requirements in procurement procedures for the selection and exclusion of economic operators. • Strengthening social workshops - businesses and institutions employing workers of vulnerable groups 14
  16. 16. Analysis of the law • Electronic means of information and communications In particular, the National Electronic Public Procurement System (ESHDYS), is predicted as a single electronic platform to support all public procurement contracts in excess of € 60,000. 15
  17. 17. Analysis of the law • Central Electronic Registry of Public Procurement (KHMDHS) are regulated in order to define the necessary rules and parameters for the transformation of KHMDHS. in a single and integrated information system. The KHMDHS is a register in which will be collected all the elements of estimated value of procurement equal to or higher than € 1,000 which is accessible to contracting authorities / entities, interested economic operators or third parties who wish to take note of the registrants 16
  18. 18. Analysis of the law • Framework Agreements - Central Purchasing Authorities • Preliminary market consultations • Maturity of a contract • Subcontracting • Subdivision into segments(It encourages the division of large public procurement into segments with a view to enhancing the participation of SMEs) 17
  19. 19. Analysis of the law • Conflict of interests • Mandatory – Potential grounds for exclusion • Modification of contracts during their term 18
  20. 20. Analysis of the law Book III: • It includes provisions on governance procedures to be applied by contracting authorities and contracting entities in order to ensure the correct and effective implementation of the provisions of the law 19
  21. 21. Analysis of the law Book IV: • An improved system of legal protection at the stage of awarding public contracts. • Any interested party who has or had an interest in being awarded a specific contract and is affected by an act or omission of the contracting authority issued at the stage of award of the contract may, by way of a preliminary ruling, have recourse to an independent administrative body, the Pre- litigation Complaints Authority (AEP) and to request its annulment, as well as interim protection measures. 20
  22. 22. Analysis of the law Indicators about the national review system The objections and appeals submitted in 2017 in competitions of ESYDHS for supplies and services : 21
  23. 23. Analysis of the law Stages of competitions Objections / Appeals Tendering procedures economic operators Under evaluation 348 235 254 After the award procedure 253 196 189 Cancellation of the procedures 48 38 42 Total 627 469 413 22
  24. 24. The legal framework • Law 4413/2016 incorporates the provisions of Directive 2014/23 In this way, the Greek legal system acquires for the first time a single, autonomous and uniform regulatory framework for the award and execution of works and service concessions The provisions of the law apply to all concession contracts for works and services whose value is equal to or greater than 5,225,000 euros 23
  25. 25. The legal framework • The most significant contributions of law 4413/2016 can be depicted as follows: It defines and analyzes the concept of a works and service concession contract in accordance with the case law of the Court of Justice of the European Union A clear method of calculation by the contracting authorities of the value of the concession contract is included 24
  26. 26. The legal framework Contracting authorities must publish the notices and award decisions in KIMDIS and their website. Including regulations in accordance with the relevant provisions of the Law 4412/2016 on conflict of interest, exclusion grounds, support from other economic operators, amendment of contracts and concession contract file. 25
  27. 27. The National Strategy on Public Procurement • The National Strategy on Public Procurement outlined by the Hellenic Single Public Procurement Authority was adopted by the Greek Government (decision n. 50 of the Government Council of Economic Policy), in January 2017 26
  28. 28. The National Strategy on Public Procurement • It represents the first national strategy on public procurement and aims at setting up a modern, comprehensive, simple, flexible and just system of public procurement, with a 5- year implementation time-scale. • The Strategy is accompanied by an Action Plan that includes specific directions and axes. 27
  29. 29. The National Strategy on Public Procurement • The implementation of the Action Plan is to be monitored, evaluated, reviewed and enriched, with new actions deemed necessary. • For this reason, the aforementioned decision stipulates two monitoring organs, a political and a technical one. 28
  30. 30. Conclusion • The new law adopts a set of innovative regulations aimed at  consolidating and continuously improving the public procurement system  simplifying and accelerating the procurement process  increasing the efficiency of public spending  facilitating SME’s participation, enhancing competition and SME’s participation  growth and productive reconstruction and  safeguarding public and social interest. 29
  31. 31. • Thanks for your attention! 30

×