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


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

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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: bidhaa?tmpl=component&Itemid=1
  18. 18. Thank you! Questions? Comments? Volunteers? 17