13 th PROCUREMENT INTEGRITY MANAGEMENT AND OPENESS FORUM Kiev, Ukraine May 23-25, 2017 Civil Society: A Partner in Reducing Corruption in Procurement Civil Society Organizations (CSOs) in Ukraine Lars Jeurling Partnership for Transparency 1
What is Procurement Monitoring? Third-party observation , tracking , or oversight of the public procurement process . “Macro” “Micro” monitoring monitoring “Social witness” outside groups analyze outside groups track procurement award citizen representative individual public and spending patterns sits on the bid procurements for and attempt to evaluation committee warning signs “red influence legislation flags” of corruption and government and/or fraud policies 2
Procurement Monitoring Who does what? Contracting Entity • day to day monitoring of contractor • selective third-party monitoring on Government Control its own initiative Entity • selective third-party monitoring, Civil Society access to information such as E- procurement data critical. 3
What does Public Procurement Monitoring by CSOs entail? Systematic observation of the procurement process at all stages to detect: violations of law non-compliance deviations from process unethical behaviors Improved procurement practices and reduction and prevention of fraud and corruption Better public service delivery achieved • CSO, Government and Private sector objectives are or should be the same; They are or should be partners 4
Methodologies for Public Procurement Monitoring by CSOs • Real-time database/information monitoring using risk indicators • ProZorro and DoZorro • other databases and sources of information • Integrity Pacts • Looking at big data after the fact • price trends, procurement or social audits, previous awards, beneficiary ownerships in companies, etc. • Observing contract execution/management and performance • Specialization by sector 5
TI – USA’s guide to Civil Society Procurement Monitoring • Divides the procurement process up into discrete phases: planning bidding evaluation implementation • Interactive checklist of questions that track international best practices • Allows user to identify “red flags” or warning signs of corruption and/or fraud • Allows users to diagnose strengths and weaknesses of public procurement systems, when multiple procurements are monitored
Challenges Facing CSOs Capacity Funding Legal Environment 7
Ambiguity in Lack of defined remedies Procurement Law for addressing abuses/irregularities • Article 9 of the Public Procurement Law: •Encourages public’s Involvement in monitoring procurement in accordance with the law • But also states that citizens and civil society organizations have no right to interfere in the procurement process . Challenges Facing CSOs: Legal Environment Proposed legislation to curtail activities of CSOs in fighting fraud and Lack of Whistleblower corruption Protection 8
How do CSOs contribute to the improvement of transparency and effectiveness in Public Procurement? Example: Latvia 5-year PTF program to support TI-Latvia (Delna): Monitoring the procurement and construction of the National Library • Key Challenge : to analyze and keep up with a large amount of complex technical and legal documents available to Delna under the Integrity Pact. • Lesson 1 : monitoring should extend from planning through contract execution • Lesson 2 : CSOs need to be technically competent and be able to pay for good consultants. PTF made this possible in Latvia 9
Partnership for Transparency Fund: Supporting CSOs in Procurement Monitoring • PTF Advisers’ extensive international experience in Public Procurement • Supports CSOs across the globe e.g. (India, Philippines, Latvia) monitoring procurement with: • Advice • Training • Networking with international CSOs and other organizations • Project management support • Funding (in some cases) 10
PTF’s current work in CSO Procurement Monitoring Capacity: Ukraine • EBRD technical cooperation project designed to enhance the capacity of local CSOs in monitoring municipal public procurement using Open Data tools. • PTF and Kyiv School of Economics developing a training program • Pilot training completed in January 2017. • CSOS from almost all regions in Ukraine will be trained over the next 12 months. 11
Find out more at www.ptfund.org Follow us at Twitter @PTFund Facebook facebook.com/PTFund 1110 Vermont Ave NW - Suite 500 Washington, DC 20005 info@ptfund.org +1 (240) 650-8445 12
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