JAVNE NABAVE Znacenje edukacije i javnosti

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JAVNE NABAVEZnacenje edukacije i javnosti

• HGK-a, Zagreb, 11. svibanj 2009

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TI Source Book

• Malo je poslova koji toliko izazivaju iskuenje
  korupcije slubenika no to su javne nabave. Iako
  je pitanje je li to najceci oblik korupcije u
  javnom sektoru, on je bez sumnje zastraujuce
  rairen i o njemu se najvie pie

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Nacela

• Nabava roba i usluga treba niti ekonomicna
• Odluke trebaju biti potene i nepristrane
• Proces treba biti transparentan
• Postupak treba biti pravno reguliran
• Predvideni postupci odgovornosti

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Nacela

• Medunarodni natjecaji ne smiju diskriminirati
  (15/7,5)
• Vii dokazi podobnosti

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World Bank

• Basic principles governing the Banks Procurement
• Policies
• the need for economy and efficiency
• to give all eligible bidders equal opportunity
  to compete
• as a development institution, encourage the
  development of
• domestic contracting in the Borrowing country
• the importance of transparency in the
  procurement process.

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Obrazovanje T I

• Public procurement authorities should
• Ensure that internal and external control and
  auditing bodies are independent and functioning
  effectively, and that their reports are
  accessible to the public. Any unreasonable delays
  in project execution should trigger additional
  control activities.
• Separate key functions to ensure that
  responsibility for demand assessment,
  preparation, selection, contracting, supervision
  and control of a project is assigned to separate
  bodies.
• Apply standard office safeguards, such as the use
  of committees at decision-making points and
  rotation of staff in sensitive positions. Staff
  responsible for procurement processes should be
  well trained and adequately remunerated.
• Promote the participation of civil society
  organisations as independent monitors of both the
  tender and execution of projects.

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Article 9Public procurement and management of
public finances

• 1. Each State Party shall, in accordance with the
  fundamental principles of its legal system, take
  the necessary steps to establish appropriate
  systems of procurement, based on transparency,
  competition and objective criteria in
  decision-making, that are effective, inter alia,
  in preventing corruption.

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Article 9aPublic procurement and management of
public finances

• Such systems, which may take into account
  appropriate threshold values in their
  application, shall address, inter alia
• (a) The public distribution of information
  relating to procurement procedures and contracts,
  including information on invitations to tender
  and relevant or pertinent information on the
  award of contracts, allowing potential tenderers
  sufficient time to prepare and submit their
  tenders

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Article 9b Public procurement and management of
public finances

• (b) The establishment, in advance, of conditions
  for participation, including
• selection and award criteria and tendering rules,
  and their publication
• (c) The use of objective and predetermined
  criteria for public procurement decisions, in
  order to facilitate the subsequent verification
  of the correct application of the rules or
  procedures

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Article 9dPublic procurement and management of
public finances

• (d) An effective system of domestic review,
  including an effective system of appeal, to
  ensure legal recourse and remedies in the event
  that the rules or procedures established pursuant
  to this paragraph are not followed
• (e) Where appropriate, measures to regulate
  matters regarding personnel responsible for
  procurement, such as declaration of interest in
  particular public procurements, screening
  procedures and training requirements.

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Article 9/2Public procurement and management of
public finances

• 2. Each State Party shall, in accordance with the
  fundamental principles of its legal system, take
  appropriate measures to promote transparency and
  accountability in the management of public
  finances. Such measures shall encompass, inter
  alia
• (a) Procedures for the adoption of the national
  budget
• (b) Timely reporting on revenue and expenditure
• (c) A system of accounting and auditing standards
  and related oversight
• (d) Effective and efficient systems of risk
  management and internal control and
• (e) Where appropriate, corrective action in the
  case of failure to comply with

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Kako korupcija kvari nabave

• Selekcija prema specifikaciji
• Nepotpuni podaci
• Namjetanje dogovorom
• Privilegirane informacije
• A Hrvatska ..

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• Public procurement. By end 2005, Member States
  should carry out a significant part of public
  procurement electronically. The forthcoming
  adoption of the legislative package of public
  procurement Directives, which sets out the
  regulatory framework for conducting public
  procurement electronically, should be a turning
  point for the spread of electronic public
  procurement across Europe. The legislative
  process the new legislation is likely to be
  finally adopted by the end of 2003 beginning of
  2004. In parallel, within the framework of the
  IDA 2003 work programme specific actions are
  scheduled on electronic public procurement which
  should result in a better understanding of
  functional requirements for e-procurement systems
  and tools. The Commission will, next year,
  present an Action Plan (which will include both
  legislative and non-legislative measures) for a
  co-ordinated approach across the EU.
•  

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Action plan for the implementation of the legal
framework for electronic public procurement

• Member States are required to implement the new
  legal framework by 31 January 2006, but slippages
  cannot be excluded. Early adoption of the new
  e-procurement provisions is essential to avoid
  barriers to and distortion of competition. It is
  also very important for the rapid development and
  the effective use of e-procurement by economic
  operators. Member States should deploy all
  efforts to comply with the Directives deadline

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Action plan for the implementation of the legal
framework for electronic public procurement

• If online procurement is generalised, it can save
  governments up to 5 on expenditure and up
• to 50-80 on transaction costs for both buyers
  and suppliers. While it is difficult to quantify
• competition and efficiency benefits for the EU as
  a whole, greater competition and efficiency
• in public procurement markets can impact -
  directly and indirectly - on the whole economy
• and play an important role in achieving the
  Lisbon objectives.
• http//ec.europa.eu/yourvoice/consultations/index_
  en.htm

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Edukacija LEAP (Learning and Education to
Advance Procurement).

• Introduction to Public Procurement covers the
  building blocks that form the foundation of
  procurement. This college provides an overview of
  public procurement, functionality of the
  purchasing cycle, and professionalism.
• Legal Aspects of Purchasing introduces the law of
  contracts, draft development, and management by
  addressing issues such as software agreements and
  ethical professional obligations.

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Edukacija LEAP (Learning and Education to
Advance Procurement).

• Contract Administration introduces contract
  management and the administration thereof.
• Planning, Scheduling, and Requirement Analysis
  explores the strategic planning process,
  emphasizing the role of the procurement
  practitioner.
• Sourcing in the Public sector delves into the
  value of competition in government and the
  acquisition process in the purchasing cycle.
• Developing and Managing RFPs in the Public
  Sector provides step-by-step processes involved
  in Request for Proposals (RFPs), including
  evaluation methods, negotiations, and contract
  writing.Advanced LEAP courses, which will lead to
  the Executive Certificate in Public Procurement,
  will be available beginning in early 2005.

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• Education and Training
• The Center assists NIGP in developing its
  training programs.   Moreover, through the School
  of Public Administration, PPRC has been
  developing public procurement courses, graduate
  and undergraduate, and provided Executive
  Certificate in Public Procurement. These courses
  and the certificate program will be delivered in
  spring 2005 through the School of Public
  Administration.
• According to its plan, FAU will offer these
  academic degree programs on-line and/or on
  campuses of various partner universities across
  the United States and possibly in Canada.

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Obrazovanje T I

• Public procurement authorities should
• Implement a code of conduct that commits the
  contracting authority and its employees to a
  strict anti-corruption policy. The policy should
  take into account possible conflicts of interest,
  provide mechanisms for reporting corruption and
  protect whistleblowers.
• Allow a company to tender only if it has
  implemented a code of conduct that commits the
  company and its employees to a strict
  anti-corruption policy.
• Maintain a blacklist of companies for which there
  is sufficient evidence of their involvement in
  corrupt activities. Debar blacklisted companies
  from tendering for the authoritys projects for a
  specified period of time.

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Obrazovanje T I

• Public procurement authorities should
• Ensure that all contracts between the authority
  and its contractors, suppliers and service
  providers require the parties to comply with
  strict anti-corruption policies. This may best be
  achieved by requiring the use of a project
  integrity pact committing the authority and
  bidding companies to refrain from bribery.
• Ensure that public contracts above a low
  threshold are subject to open competitive
  bidding.
• Provide all bidders, and preferably also the
  general public, with easy access to information
  about all phases of the contracting process,
  including the selection and evaluation processes
  and the terms and conditions of the contract and
  any amendments.

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Obrazovanje T I

• Public procurement authorities should
• Ensure that no bidder is given access to
  privileged information at any stage of the
  contracting process, especially information
  relating to the selection process.
• Allow bidders sufficient time for bid preparation
  and for pre-qualification requirements when these
  apply.
• Ensure that contract change orders that alter
  the price or description of work beyond a
  cumulative threshold are monitored at a high
  level, preferably by the decision-making body
  that awarded the contract.