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.

Presentation by Olesea Stamate, Moldova (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

12 views

Published on

Presentation by Olesea Stamate, Moldova (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 Olesea Stamate, Moldova (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 Civil society - guardians of public funds in Moldova Olesea STAMATE Association for Efficient and Responsible Governance Republic of Moldova Kiev, May 30th, 2018
  2. 2. How we started • Step one: thorough review of the legislation • Step two: analysis of several tens of public procurement files • Step three: developing a methodology for monitoring public procurement 1
  3. 3. How we started • To start, one needs a minimum access to information on public procurement; • If this exists, selection criteria or risk indicators need to be established (such as: under threshold, small value, same company, additional agreements ); 2
  4. 4. Our experience • Our monitoring team: AGER core team, 10 local NGOs and investigative journalists. • Back in 2015 we still had an old law, and conflicting provisions on access to information. • 7 cases in the court (just one has finalized by now). 3
  5. 5. Some examples • Millions lost on PP for which just 10%-15% of the costs were budgeted (e.g. National Environmental Fund); • Contracts fully paid, while the object was only 70% finalized and for years not working; • Frequent problems with tender documents; • Conflict of interests are not a rare phenomenon; • Dividing procurements is very often. 4
  6. 6. Financing political campaigns from PP money 5
  7. 7. Financing political campaigns from PP money 6
  8. 8. Our experience • The new law provides that the minutes of the PP procedure are a public document, which is by far not enough for a good analysis; • Yet, it opened a possibility for civil society to participate directly in the working groups for PP; 7
  9. 9. Our experience We still face restrictions to accessing information, refusals to be included into public procurement WGs …AND we keep on insisting!!! (never-ending letters, addressing higher institutions, writing to PPA, publishing in media, including locally, organizing public events and press conferences, etc.) 8
  10. 10. Findings Elimination of ex-ante control by the PPA numerous cases of faulted specifications as well as disordered registry of concluded contracts. 9
  11. 11. Findings • Exemplul cu piata divizata din alimentatie 10
  12. 12. Challenges Now it is difficult to search through the PPA database, so we mainly focus on monitoring current procedures; Civil society is CANNOT submit a complaint to the Complaints Solving Agency or to the Competition Council. 11
  13. 13. Our achievements We succeeded to: • Re-open illegally closed procedures and finalize works; • Stop or re-launch procedures considered unlawful; • Break the ice in terms of access to information; • Discipline contracting authorities; 12
  14. 14. Our achievements • Contribute to the dismissal of several civil servants responsible for illegal procurements; • The local NGOs are regarded as experts in PP and often asked for advice by the contracting authorities; • Help to the improve of the legal framework; • Make public procurement a hot topic in the media; • Engage active citizens in overseeing public procurement; 13
  15. 15. What is needed  Sufficient access to information;  Transparency of the whole process;  Means to stop illegal procedures (if there is no public authority to do ex-ante control);  Effective accountability (incl. sanctioning) mechanisms; 14
  16. 16. What is needed  The law should not allow the entity which participated in designing the specifications to participate in the tender;  Partner and engage with journalists, business and active citizens;  Great to have an e-procurement system! 15
  17. 17. 16 Source: https://www.ppra.go.tz/index.php/component/phocagallery/5-procurement-humor/detail/93- bidhaa?tmpl=component&Itemid=1
  18. 18. Thank you! Questions? Comments? Volunteers? 17

×