Presentation by Vahe Mahtesyan (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.

1. Legislative Amendments in the
Procurement System
2018, Kiev

2. New Law on Procurement
Reducing forms of procurement
Increase of competitiveness
Functioning and independent out of
court review system
Increase of transparency and publicity,
prevention of possible corruption cases

3. Reducing forms of procurement
Previous law New law
7 4
Open procedure
Simplified procedure
Negotiation procedure - by
announcement
Negotiation procedure – without
announcement
Competitive dialogue
Limited procedure
Procurement by framework
agreement
E-auction
Tender
Price quotation
Single source procurement

4. Հայտեր
Մասնակցության
իրավունք
Որակավորման
չափորոշիչներ
Public procurement
Increase of competitiveness

5. E-procurement

6. • Impartial and independent review body – 2 persons
• Appointed and in cases provided for by law dismissed by RA
Prime Minister – upon nomination of RA Minister of Finance
• Remunerated from the state budget
Procurement
review bodies
• RA citizen, who has education background in economics
or law; at least fives years of public administration
experience or at least seven years of professional
experience and is fluent in Armenian
Requirements to
procurement review
bodies
• The appeal is reviewed single-handedly by procurement
review body, the decision is legally binding. The decision
made can be appealed against in the court
Review of appeals
Out of court review system

7. Publicity
Armeps.am/ppcm
Gnumner.am
Armeps.am

8. Actions
Anti-corruption actions
Exclusion of participants’
interdependence
Exclusion of conflict of
interests in decision
making process
Liability
Increase of awareness
degree

9. Exclusion of participants’ interdependence and
conflicts of interest
Exclusion of participation of
related persons to the
procurement process
Information on beneficial owners
Declaration submission by
participant
Exclusion of conflicts of interests in
the decision making process
Declaration submission by
commission members, secretary
and appeal review body member

10. Publication of bids
Publication of no conflict
of interest declaration
Publication of contract
announcementAppeal/review
Change of decisions
Transparency

11. Mechanisms to exclude
interdependence
Mechanisms to disclose
beneficial owners
Mechanisms to exclude
conflicts of interest
1.
2.
3.
.
Black list
Liability under the law
Participant Official
Liability

12. Violation of commitment
undertaken within procurement
process
Refusal from further participation
to procurement process
Refusal to conclude a contract
Deprivation of right to conclude a
contract
Violation of contract obligation
Grounds to include into black list
ԵՐԿՈՒ ՏԱՐԻ

13. Awareness
Submission of
completed actions
to media
Information
publication
through
centralized source
Meetings with
beneficiaries
Option s

14. Questions