OECD-SIGMA Public Procurement Reforms and Capacity Building Experiences

Elisabetta PiselliSenior Counsel, LEGIA

Procurement and Consultant Services

OECD-SIGMA – Background information and context

OECD – SIGMA – Objectives, role and specific activities related to public procurement reforms

OECD-SIGMA – A specific capacity building experience: EU multi-country project on training in public procurement in Western Balkans countries and Turkey (IPA countries)

Summary

Background informationand context

OECD-SIGMA

Joint initiative of the EU and the OECD principally financed by the EU to support public administration reforms

Launched in 1992 to support Czech Republic, Hungary, Poland, Slovakia and Slovenia, progressively extended to other countries in Central and Eastern Europe and Mediterranean countries

What is SIGMA?

Former partners All ten 2004 and the two 2007 EU entrants

Cyprus; Czech Republic; Estonia; Hungary; Latvia; Lithuania; Malta; Poland; Slovakia; Slovenia; Bulgaria and Romania

Current partners Current EU candidate countries

Croatia, the Former Yugoslav Republic of Macedonia and Turkey EU potential candidate countries

Albania, Bosnia and Herzegovina, Montenegro, Serbia, and KosovoIPA (Instrument for Pre-Accession Assistance)

EU neighborsArmenia, Azerbaijan, Belarus, Georgia, Moldova, Ukraine, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, West Bank and Gaza, Syria, Tunisia and Russia

ENP (European Neighborhood Policy)

SIGMA’s Partners

Objectives, role and specific activities related to public

procurement reforms

OECD-SIGMA

Bring public procurement systems in general, and public procurementlaws in particular, in line with EU legislation (Community acquis):

◦ EC Treaty: public procurement as part of the internal market non-discrimination transparency

◦ EC Public Procurement Directives Public sector and utilities Directives Specific rules: publication, procedures, criteria for qualification, criteria for award, etc. Apply above certain set financial thresholds Remedies Directives (effective remedies systems)

Promote (international) recognized good practices in public procurement (mostly practices already covered by the Community acquis but partly going beyond it):

◦ Public Procurement Policy Offices◦ Procurement below EU financial thresholds + small value◦ Procurement training◦ Legal Drafting

EU & SIGMA’s objectives related to public procurement reforms

Assessment of reform progress and identification of priorities for reform against baselines set by EU legislation and good practice

Advisory and support to reforms (support institution-building and setting up legal frameworks and procedures to meet EU legislation and good practice)

Facilitating assistance from the EU and other donors by helping design projects preconditions and action plans

SIGMA’s role related to public procurement reforms

Example of SIGMA support to public procurement reform in

Romania: a success storyReforms undertaken between

2005 and 2007SIGMA Support

Improvement of legislative framework (as a result of 2005 Assessment)

TA for the preparation and finalization of legislation (primary and secondary) compliant with EU legislation, and on specific topics such as concessions

Establishment of an independent and fully operational PPA

Assistance to the organizational design of the PPA; the establishment of the new independent PPA; and training of PPA staff

Establishment of an effective remedies system

Assistance to the establishment of the new independent review Body; and training of the Review Body staff.

Parallel to SIGMA support, the reform process was supported by extensive EC funded training programs

Annual assessment reports for EU candidate and potential candidate countries

Regional conferences with promotion of regional exchange of knowledge

Knowledge transfer through SIGMA Papers and information available on SIGMA website

Training (mainly through MS experts)

SIGMA specific activities related to public

procurement reforms

A specific capacity buildingexperience: EU multi-country project on training in public procurement in

Western Balkan countries and Turkey (IPA countries)

OECD-SIGMA

Mid December 2007, SIGMA’s assessment of the existing situation and

training needs in the region:

Main findings Significant lack of coherent and coordinated provision of training and other

capacity building activities in the region Over-legalistic rather than practical approach in training provided

Training needs Introduction of a sustainable procurement training strategy at regional and

national levels with special focus on the improvement of professionalism at the operational level and establishment of a community of practice

Project background

Phase I SIGMA

◦ Development of a public procurement training manual (based on EU legislation and practices with strong focus on practical and operational aspects of public procurement)

Phase II TA financed by the EU

◦ Localization of the training manual (translation + adaptation to local legal systems) for each beneficiary country

◦ Training of trainers and certification of more than 150 trainers from the region◦ One-two years monitoring and support to trainers activities

During Phase II, SIGMA will provide steering

and monitoring assistance to the EU and project managers

Project structure

Thank you