EBRD Public Procurement Assessment

5 questions on eProcurement
Eliza Niewiadomska Legal Transition Programme European Bank for Reconstruction and Development November 2011

The EBRD fostering transition

largest single investor in central and eastern Europe

supports infrastructure projects in 30 countries from Central and

Eastern Europe and the Caucasus to Central Asia fosters economically and environmentally sustainable transition

by supporting development of private sector

promotes transparency, accountability, and good governance

The EBRD Legal Transition Programme

The development of sound legal rules and the establishment of the legal institutions and culture on which a vibrant marketoriented economy depends.
Developing technical cooperation on national and local government level

Promoting standards and international good practice

Conducting legal assessments

EBRD Public Procurement Assessment

First assessment covering all 29 EBRD countries at the same time Benchmarking to assess core principles of public procurement and legal efficiency of public procurement regulation Review of public procurement LEGISLATION and PRACTICE Survey of entire public procurement process: pre-tendering tendering post-tendering More than 100 research participants: contracting entities local lawyers procurement experts Online interview database and reports: http://ppl.ebrd.com
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Efficiency of Public Procurement and eProcurement

eProcurement is the replacement of paper-based public procurement procedures with: ITC workflow (eNotices, eCommunication, eTenders, eProcedures, eRecords, eReporting)

ITC procurement tools (eAuctions, eCatalogues, ePurchasing, etc) in order to increase transparency, competition and speed of procurement and to reduce transaction costs for public contracts

5 Key Questions on eProcurement

Does the law provide for an eProcurement platform and the eProcurement tools and require to conduct procurement electronically?
eNotices: Does the law require notices to be readily accessible online to the public until expiry of tender submission deadlines, preferably free of charge? eProcedures: Does the law require tender documentation to be readily accessible online to the public, preferably free of charge? eCommunication: Does the law require contracting entities to accept electronic communication from tenderers? eTenders: Does the law allow to submit tenders online, without the need for certified signatures? eRecords: Does the law require contracting entities to record procurement decision in real time and ensure that records are readily accessible online to the public, preferably free of charge?

5 Key Questions on eProcurement - Answers for the EBRD region

5 Key Questions on eProcurement: legislation and market practice

What LEGAL FRAMEWORK provides for?

What eProcurement solutions are available IN PRACTICE? Do contracting entities implement eProcurement in practice, if not made mandatory by policy makers? Incentives in public sector management

5 Key Questions on eProcurement - eNotices

A STANDARD, BUT SOME IMPLEMENTATION PROBLEMS

eNotices publication of notices by law and in practice in the EBRD region

5 Questions on eProcurement: eNotices

5 Key Questions on eProcurement eCommunication

A STANDARD BY LAW, NOT IN PRACTICE

eCommunication availability of electronic communication by law and in practice in the EBRD region

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5 Key Questions on eProcurement - eTenders

NOT YET A STANDARD BY BOTH LAW AND PRACTICE
eTenders - option to submit tender online by law and in practice in the EBRD region

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5 Key Questions on eProcurement eProcuredures

NOT YET A STANDARD BY LAW. AND PRACTICE?
eProcedures online access to tender information and documentation by law and in practice in the EBRD region

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5 Key Questions on eProcurement - eRecords

NOT YET A STANDARD BY LAW, EVEN LESS IN PRACTICE
eRecords online access to records on procurement decisions by law and in practice in the EBRD region

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eProcurement leaders in the EBRD region

Estonia Lithuania Romania Kazakhstan

Common Trends

Albania Georgia Turkey FYR Macedonia Armenia

Single Central Government Platform Simplified procedures Post-qualification, or prequalification limited to essentials due to integration with eGovernment Limited number of procedures Workflow ONLY for tendering Limited procurement tools Successful, when made mandatory for contracting entities
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How can international donors support eProcurement reform?

Promoting long-term investment in developing eProcurement workflow and eProcurement tools by:
Building political commitment by setting standards Supporting sound business, legal and technology decisions Advocating openness in redefinition of procurement eligibility rules and prequalification procedures Building awareness that technology can be used to the process advantage simplification of procedures Facilitating a technology neutral public procurement legislation Assisting in eProcurement reform development and implementation projects
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More about EBRD Public Procurement Assessment is available online at:

http://ppl-report.ebrd.com

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Thank you for your attention. Eliza Niewiadomska Legal Transition Programme Office of the General Counsel European Bank for Reconstruction and Development +44 207 338 7190 Niewiade@ebrd.com

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