CENTRAL PUBLIC ANTI-CORRUPTION PROCUREMENT BUREAU OFFICE Public procurement – anti-corruption regulations. Polish experiences. Hubert Nowak – Vice President, Public Procurement Office Wojciech Śmigielski – Depute Director of Control Proceedings Department Central Anti-Corruption Bureau Kyiv, Ukraine, May 2017
Public procurement market in Poland - general data for 2015 • 116 billion PLN (ca 38 billion Euro) – value of awarded public contracts; • 142.262 – number of awarded public contracts; • structure of the public procurement market in Poland in terms of types of the public contracts awarded: Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • 35.000 entities with status of contracting authority; • economic operator – could be almost everyone, i.e. natural persons, legal persons, organisational units not having legal personality or above mentioned entities bidding together (consortia); • two official publicators for publication of contracts notices: Official Journal of the European Union – for contracts above the EU thresholds; Public Procurement Bulletin – for contracts below the EU thresholds • average number of bids in a single public procurement procedure: 2,65 – per public procurement procedure above the EU thresholds; 2,90 - per public procurement procedure below the EU thresholds; Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • average length of a public procurement procedure: 85 days – procedure above the EU thresholds; 35 days - procedure below the EU thresholds; 98 days – public procurement procedure for works with estimated value above the EU thresholds; Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • controls conducted by the President of the Public Procurement Office: 231 – total number of controls conducted in 2015, comprising: 130 - obligatory ex-ante controls; 72 - ad-hoc controls; 29 - ad-hoc controls based on the notification of the non-competitive procedure • legal actions of the PPO in light of infringement of the Public Procurement Act: 90 – notifications to the Public Finance Discipline Officer on violation of public finance discipline; 2 – notifications to the prosecutor’s office on suspicion of committing an offence; 22 – financial penalties imposed by the PPO President; 2 – applications to the Court for annulment of the contract (and additional 1 for annulment of the annex). Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • number of appeals submitted by economic operator’s and judgments of the National Appeal Chamber – the independent quasi-judicial review body (the appeals refer to irregularities in the public procurement procedure) - 2.877 appeals, from among of which: 21% - admitted by the National Appeal Chamber ; 16% - admitted by contracting authority; 63% - dismissed or rejected. Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • types of the public procurement procedures: 1) open tendering; procedures initiated 2) restricted tendering; by publication of the notice 3) negotiated procedure with notice publication; 4) competitive dialogue; 5) innovation partnership (since July 2016); 6) electronic bidding; 1) negotiated procedure without publication; procedures initiated 2) single-source procurement; without publication of the notice 3) request-for-quotation; Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Public procurement market in Poland - general data for 2015 • Public procurement procedures in numbers: Years/Percentage of the procedures Type of procedure 2014 2015 Open tendering 82,19% 83,39% Single-source procurement 13,42% 11,75% Request-for-quotation 3,14% 3,55% Restricted tendering 0,74% 0,83% Electronic bidding 0,21% 0,27% Negotiated procedure without 0,21% 0,13% publication Negotiated procedure with notice 0,08% 0,07% publication Competitive dialogue 0,01% 0,01% Innovation partnership (since July not existed not existed 2016) Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Polish public procurement system – legal framework • Directive no 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Official Journal of the European Union no UE L 94 of 28 March 2014, p. 65); • Directive no 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (Official Journal of the European Union no UE L 94 of 28 March 2014, p. 243); • The Act of 29 January 2004 – (Polish) Public Procurement Law (Journal of Laws of 2015, item 2164 with changes); • Implementation of the above directives was made by amendment of the Act of 29 January 2004 - Public Procurement Law (PPL) adopted on 22 June 2016 (Journal of Laws of 2016, item 1020). Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Main recent amendments The main goals of the recent amendment to the PPL: 1) simplification and increased flexibility of the public procurement procedures by: a) facilitation of use of negotiations as a way of clarifying contract terms with bidders and obtaining the services, goods or works that best suit to the contracting authority’s needs; b) reduction of formal duties at the stage of application for a contract: at the stage of submission of tenders, economic operator encloses to the bid only statement as an initial confirmation that he is not subject to exclusion and complies with the conditions for participation in the procedure; before awarding a contract, contracting authority shall call on the economic operator whose tender has been evaluated as the best to submit documents confirming the contractor is not subject to exclusion and complies with the conditions for participation in the procedure; Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Main recent amendments 2) promotion and support for non-economic objectives such as environmental protection, social inclusion, or innovation, by among others: a) emphasis on choosing the most advantageous bid, based on cost effectiveness and on award criteria other than price by limiting the use of the lowest price criterion; b) introduction of the new type of procurement procedure - an innovative partnership - aimed at acquiring innovative products and services not yet available on the market; c) promotion of social inclusion of disadvantaged persons and their integration on the labor market by amending provisions which allow to reserve the right to compete for a contract only for contractors whose main activity is social inclusion of such persons and which employ at least 30% of people belonging to disadvantages categories; Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Main recent amendments 3) better access to the public procurement procedures for small and medium-sized enterprises (SMEs) by: a) facilitating the division of the contract into lots, which usually are better accessible for SMEs; b) introducing limitations as regards the conditions that might be determined by the contracting authority with reference to the average annual turnover of the bidder - up to twice the estimated value of the contract; 4) introduction of more flexible rules for the modification of public procurement contracts; 5) simplification of procedures for awarding so called social and other specific services such as legal services, hotel services, catering, cultural services, health services. Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
Trainings provided by the Public Procurement Office devoted to new regulations The Public Procurement Office organized in 2016 : 1) 8 conferences in the largest Polish cities, attended by about 2500 representatives of all parties involved into the public procurement procedure; 2) one of the above mentioned conferences was transmitted on-line; 3) 10 central trainings (in Warsaw), attended by about 700 participants. Public Procurement Office, Postępu Str. 17A, 02-676 Warsaw, POLAND
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