Presentation by Malgorzata Stachowiak, Poland (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018

1. © OECD
Streamlining the procurement process:
practical examples based on the most
recent SIGMA Paper
Selection of economic operators in public
procurement procedures: overview of legislation
and practice in the EU
Małgorzata Stachowiak, procurement expert, Poland
Kyiv, Ukraine, 29-30 May 2018

2. Preparation of procurement process
What to buy to meet the needs
of a contracting authority?
Who is the perfect contractor?
What award criteria shall be
applied?
How the contract provisions
shall be drafted?
1

3. Selection of economic operators
• Tools for contracting authority (given in law):
 Grounds for exclusion
 Qualification and Selection criteria (adequate
capacities)
 Verification
• Tools for a state (drafting the law):
 Integrity of the process
 Implementation of policy
• social, environmental, labour consideration
• SMEs participation
 Simplification and reduction of administrative
burden 2

4. Selection of economic operator
Competition
Reliable
contractors
3

5. How to make the process
of selection more efficient?
• Self – declarations submitted by all
participating economic operators
• Presentation of means of proof of eligibility
only by „winning” tenderer
4
European
Single
Procurement
Document
ESPD
Jednolity
Europejski
Dokument
Zamówienia
JEDZ
Standardformular
für die
Einheitliche
Europäische
Eigenerklärung
EEE

6. Means of proof - Estonian example
5

7. Means of proof
experience of an economic operator
• Hungarian example:
 Obligation for a contracting authority to issue a
certificate after proper performance of a contract
free of charge within 2 business days of the receipt
if the request
 Rules how to deal with certificates issued for
consortium
• Romanian example:
 Certificate on contract performance published in
Electronic System for Public Procurement
6

8. Self - cleaning
a new idea to ensure proportionality
Possibility of rehabilitation : economic
operator to which grounds of exclusion apply,
can adopt compliance measures aimed at
remedying the consequences of misconduct
and preventing further occurrences of the
misbehaviour
7

9. Self – cleaning in practice
• Self- cleaning measures
presented before the PPA
• Decision on successful self-
cleaning published on PPA’s
website
Centralised
model
(Hungary)
• Self- cleaning proofs presented in
each procedure to a contracting
authority
• Decision of contracting authority
can be challenged to the review
body
Decentralised
model
(Poland)
8

10. Blacklisting?
• Uncertainty concerning the permissibility and
use of central automatic blacklists
• Exception:
 Final judgement specifies sanction of exclusion
from public procurement and the period during
which the sanction will apply
 No self-cleaning measures ca be used as a defence
against exclusion
9

11. Sigma Paper
1. Introduction
2. Legislation and practice
2.1. Overview and general principles
2.2. Grounds for exclusion
2.3. Selection
2.4. Reduction of the number of otherwise qualified
candidates to be invited to participate
2.5. European Single Procurement Document
2.6. Means of proof
2.7. Additional information or documentation
2.8. Open procedure – Verification of information after
examination of tenders
2.9. Official lists and blacklists 10

12. Sigma Paper
3. Key findings and success factors
4. Country chapters
4.1. Estonia 4.2. Hungary 4.3.Latvia
4.4.Malta 4.5. Poland 4.6. Scotland
5. Case law of the Court of Justice
of the European Union
11

13. Thank you!
To find out more about public procurement
publications and SIGMA:
www.sigmaweb.org
sigmaweb@ocecd.org
12