Integrity in public procurement the best practice example

Integrity in public procurement - the best practice example of the Polish V 4 Presidency Katarzyna Tyc-Okońska Budapest, 27 October 2020

Integrity refers to upholding ethical standards and moral values of honesty, professionalism and righteousness. Public Procurement Office 2

Integrity risks in Public procurement I. Pre – offer phase • • • Recognising needs, assessment and market analysis Development of specifications/ requirements Choice of procurement procedure II. Offer phase • Request for proposal/bid • Bid submission • Bid evaluation • Contract award III. Post award phase • • Contract management Order and payment Public Procurement Office 3

How to enhance integrity? Holistic approach for integrity risks detection and irregularities prevention is needed ü Oversight and control system ü Government Programme for Counteracting Corruption for the years 20182020 ü e-Procurement /transparency ü Trainings/ professionalization ü Market participants involved in policy process/ ‚whistleblowers’ ü Open dialog with market (creating new law) ü Sanction for violation Public Procurement Office 4

Institutional system • President of the Public Procurement Office – central government regulatory and monitoring body • Review: ü National Appeal Chamber - I instance review body ü common (district) courts – II instance review bodies • Public Procurement Council - consultative and advisory body of the President of PPO; 10 – 15 people appointed by Minister of Development from among public procurement experts; delivers opinions on particularly important issues in the field of public procurement • Audit/control: – President of the Public Procurement Office – Supreme Audit Office – Authorities responsible for the management of the EU funds Public Procurement Office 5

Institutional system • Regional Accounting Chambers – bodies supervising and controlling local governments in the field of financial management and public procurement • Central Anti-Corruption Bureau - disclosure of cases of non-compliance with certain provisions of law-making procedures and implementation of decisions concerning inter areas awarding public Procurement • Office of Competition and Consumer Protection - a central authority of the state administration. The competences of the President of UOKi. K include shaping the antimonopoly and consumer protection policy and issuing opinions on state aid projects, including detection of collusive tenders (bid rigging) Public Procurement Office 6

Government Programme for Counteracting Corruption for the years 2018 -2020 • The Programme implements the obligation to conduct systemic actions in the field of counteracting corruption resulting from the recommendation of the Group of States Against Corruption (GRECO), recommendations of the European Union and the Council of Europe, as well as the United Nations Convention against Corruption. • The Programme coherent with the Strategy for Responsible Development. • The administrative and secretarial services of the Team is provided by the Central Anti. Corruption Bureau. • The Interministerial Team for Coordination and Monitoring of Implementation of the “Government Programme for Counteracting Corruption for the years 2018 -2020” Public Procurement Office 7

Government Programme for Counteracting Corruption for the years 2018 -2020 Main tasks (public Procurement): • elaboration of principles for the protection of the law-making system as well as the most important public procurements • strengthening the transparency and objectivity of the public procurement process Public Procurement Office 8

New solutions – New law • changes include making law easier for entrepreneurs (procedural simplifications) • emphasis on planning and preparation of the procedure (purchasing plan, needs analysis, initial market consultation) • a new important principle - economic efficiency • transparency/ less bureaucracy • the conciliation procedure has been introduced to the process of resolving procurement disputes • one district court in Warsaw (II instance review body) • more efficient control procedure • provisions that support prevention – conflict of interest and corruption Public Procurement Office 9

New solutions – control system ü common regulations on the control of for control bodies (in public procurement) ü establishment of the Public Procurement Control Committee as forum for cooperation and knowledge exchange between control authorities ü new competences of the PPO President concerning cooperation with control authorities ü simplification of the control procedure - acceleration Public Procurement Office 10

Thank you for the attention !