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CENTRAL PUBLIC PROCUREMENT STRUCTURES Recent developments and the way forward

Discover recent developments and the way forward for central public procurement structures. Explore core and supplementary functions, policy and legislative tasks, international coordination, monitoring and control, and more.

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CENTRAL PUBLIC PROCUREMENT STRUCTURES Recent developments and the way forward

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  1. CENTRAL PUBLIC PROCUREMENT STRUCTURESRecent developments and the way forward Marian Lemke Piotr-Nils Gorecki Regional Conference on “Public Procurement Reform in West Balkan« Pristina 16 September 2008

  2. Ohrid to Pristina • Less administrative waivers • Separation from review function • More independence • More staff • Reform drivers

  3. Central procurement functions identified • Policy and legislative functions • International co-ordination • Monitoring and control • Advisory and operations’ support • Publication and information • Professionalisation and capacity-strengthening • Development and procurement co-ordination

  4. Functions Not To Be Addressed • Complaints Review and Remedies systems • Central Purchasing Functions

  5. Core and supplementary functions Core functions (obligations under EU membership) • Policy and legislative tasks • International coordination • Monitoring and control Supplementary functions • Support and advisory tasks • Publication and information • Capacity strengthening • Development and coordination

  6. Policy and legislative functions • Define the national strategy of pp system • Drafting/amending primary public procurement law (lead working group) • Other legislative activity relevant for public procurement • Determine the thresholds • Implementing regulations • Operational guidelines • Model tender and contract documents

  7. International co-ordination • International regulatory activities (WTO/GPA, UNCITRAL) • EU advisory committees • European Commission – contact point for enforcement procedure • Cooperation with other PPOs

  8. Monitoring and control • Collection of statistical information (including the data required by the EU) • Annual report to the government • Authorizing function (approvals for less competitive procedures) • Management of official lists (contracting authorities, economic operators, procurement officers) • Blacklists (?)

  9. Advisory function • Helpdesk • Guidance system (internet-based) • Publication of commentaries, interpretations

  10. Publication of procurement information • Publication of contract notices (collection, processing and publication on-line) • Submission of notices to TED

  11. Capacity strengthening • Organisation of training • Elaboration of training materials • Training of trainers • Certification of trainers • Certification of procurement officers (?)

  12. Procurement co-ordination • Co-ordination of framework agreements • Co-ordination and support of concessions/PPP projects • Development and co-ordination of e-procurement • Introduction of performance measures • Development of procurement techniques (eg performance-based technical specifications) • Innovations

  13. Central procurement structures • Centralised procurement structure = high concentration of procurement functions allocated to a few central institutions: 11 MS • Semi-centralised procurement structure = mixed concentration of procurement functions allocated to a number of institutions: 9 MS • Decentralised procurement structure = dispersed concentrationof procurement functions allocated to a range of bodies within the public administration: 2 MS

  14. Classification of PP structures • The group of new member states has all a centralised structure (centrally driven approach) • The group of old member states has semi- or decentralised structures (peripherally driven approach)

  15. Some Characteristics • Central PPOs usually the responsibility of the Ministry of Finance, the Ministry of Economy, or the Ministry of Works. • Legal foundation is frequently the public procurement law or administrative law. • Some MS have established public procurement offices or agencies, which are • given a more independent status under parliament or directly under the government, • while others act as departments within ministerial structures. • Some functions of a more operational nature are carried out by publicly or privately owned firms.

  16. Government/ Parliament Executive Board Management Advisory Council Local Branches Core Functions Primary Policy & Legislative Functions Secondary Policy & Regulatory Functions Control & Monitoring Functions International Co-ordination Functions Supplementary Functions Development & Procurement Co-ordination Advisory & Operations Support Professionalisation & Capacity Strengthening Publication & Information Non-applicable Functions Central Purchasing Review and Remedies GENERIC INSTITUTIONAL MODELCENTRAL PUBLIC PROCUREMENT STRUCTURE

  17. Central Institutional Capacity • The total accumulated public procurement capacity may be strong if all actors in the society are included e.g.: • Associations of local and regional authorities, • Large contracting entities and utilities, • Training institutions, and • Law firms • The number of staff in central procurement institutions varies among MS: • Size of country and economy. • ‘Mix’ with tasks other than procurement tasks.

  18. Thank you! SIGMA/OECD 2, rue André Pascal 75775 Paris CEDEX 16 France www.sigmaweb.org

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