8-th REGIONAL PUBLIC PROCUREMENT FORUM, TIRANA, ALBANIA
22-25 MAY, 2012
ON THE WAY TO MORE
TRANSPERENCY AND EFFICIENCY
by: Davlatov Dilmurod
Agency on Public Procurement under the Government of
the Republic of Tajikistan, Director
BRIEF REVIEW OF LEGAL FRAMEWORK
THE PREVIOUS LAW «ON TENDER» WAS ABOLISHED
• general provisions, with no detailed elaboration
• poor enforcement
THE LAW «ON PUBLIC PROCUREMENT» ADOPTED IN MARCH, 2006
• based on UNCITRAL model
• combination of 1) centralized joint procurement by Non-Qualified Procuring Entity and
PPA, 2) decentralized procurement by Qualified Procuring Entity
THE REGULATIONS ADOPTED IN 2007-2008
• facilitated by grant and technical assistance of World Bank
GOVERNMENT DECREE #319, 1 JUNE, 2007
• Qualification Commission under the Government of the Republic of Tajikistan is
authorized to grant status «Qualified Procuring Entity»
BRIEF REVIEW OF LEGAL FRAMEWORK
GOVERNMENT DECREE #500, 2 OCTOBER, 2010
• State Committee on Investment and Public Property Management is authorized to
coordinate procurement implemented under joint investment projects with donors
LAW «ON AMENDMENTS TO THE LAW «ON PUBLIC PROCUREMENT», #815, 16
APREL, 2012
• procurement for emergency situation and other extreme cases according to Government
Decree will be out of law
• minimal threshold is shifted from annual government decree to law
• special cases under which request for quotation are admitted to be concretized by
authorized body
• preferences to domestic suppliers and contractors are excluded
• some provisions are amended to improve supplier`s rights
• rejection of a bid whose price is more then 10 percent lower funds allocated for
construction works
PUBLIC PROCUREMENT STRUCTURE
PROCUREMENT
DEPENDS
ON SOURCES OF FUNDS
State budget resources of
all levels
Funds of State enterprises
Funds of joint-stock
companies and enterprises
with foreign investments
where the State share
amounts to above 50 percent
Earmarked State funds
Funds of state banks using
for local purchases
Funds borrowed in the
framework of joint
investment projects with
donors
.
PUBLIC PROCUREMENT STRUCTURE
• MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE
MEDT
Development of policy
• Leads decentralization in the framework of Qualification Commission
under the Government of the Republic of Tajikistan
• PUBLIC PROCUREMENT AGENCY
PPA
• Authorized body in implementation of policy
• Arrangement of joint procurement on behalf of organizations that do
not have the status of «Qualified Procuring Entity»
• QUALIFIED PROCURING ENTITY
QPE
• Procurement on its own with coordination of method of procurement
• 19 Qualified Procuring Entities until now
PUBLIC PROCUREMENT STRUCTURE
• WB, ADB, IDB, the other donors
DONORS
• Approve tender results
• STATE COMMITTEE ON INVESTMENT AND PUBLIC
PROPERTY MANAGEMENT
SKIPPM
• Leads the procedure of opening bids along with 6 ministries and
agencies
• Coordination between donors and project implementation units
• PROJECT IMPLEMENTATION UNITS
PIU
• Arrangement of procurement plan, documentation, etc.
• Bid evaluation and submission it to SKIPPM and Donors for approval
PROCESS OF DECENTRALISATION
PROCURING
ENTITY
APPLIES TO PPA FOR
TRAINING
PPA
TRAINS AND EXAMS,
ISSUES SERTIFICATE OF
PROCUREMENT
SPECIALIST
PPA
ENTER THE NAME OF
PROCURING ENTITY IN
THE REGISTER
«QUALIFIED PROCURING
ENTITY»
PROCURING
ENTITY
IF THE OTHER
REQUIREMENTS MET
APPLIES TO
GOVERNMENT
COMMISSION TO
OBTAIN STATUS QPE
GOVERNMENT
COMMISSION
IF THE QUALIFICATION
CRITERIA CONFIRMED
MAKES APPROPRIATE
DECISION AND HAND IT
OVER TO PPA
PROCUREMENT IN FIGURES
DISTRIBUTION OF CONTRACTS, 2011
(TOTALLY 387 MLN.US)
JOINT CENTRALISED PROCUREMENT
DECENTRALISED PROCUREMENT
INVESTMENT PROJECTS PROCUREMENT
33%
43%
24%
CHALLENGES AND HOW TO ADRESS THEM
SLOW DECENTRALISATION
LIMITED PPA CAPACITY FOR TRAINING
AND RETRAINING
MANY PROCUREMENT WITH LOW VALUE
ONLY ONE-YEAR CONTRACTS
CONTRACT MANAGEMENT RISKS
TRAINING BY INSTITUTE OF RAISING
QUALIFICATION, DEPARTMENT OF PUBLIC
SERVICE/WORLD BANK GRANT
FRAMEWORK AGREEMENT
MANUAL ON CONTRACT EXECUTION
MANAGEMENT AND TRAINING BOTH
PROCURING ENTITY AND SUPPLIERS
LEGAL BASIS FOR E-GP
ARTICLE 29 OF THE LAW «ON PUBLIC PROCUREMENT» PROVIDES E-PROCUREMENT
LAW «ON DIGITAL SIGNATURE», #320, 30 JULY, 2007
GOVERNMENT DECREE #643, 30 DECEMBER, 2011 «ON CONCEPTION E-GOVERNMENT
FORMATION » - 3-STAGE IMPLEMENTATION, 2012-2020
NEGOTIATION INITIATED WITH WORLD BANK, ASIAN DEVELOPMENT BANK IN
FEBRUARY 2012 TO HAVE ASSISTANCE - FIRST-HAND ACQUAINTANCE WITH E-GP
INTRODUCED IN ALBANY, DEVELOPMENT ROAD MAP
INTRODUCTION OF E-GP IS DECLARED IN THE ANNUAL MASSAGE OF THE PRESIDENT
TO PARLIAMENT, 20, APREL, 2012
TOWARDS THE USE OF INFORMATION TECHNOLOGIES
WEB-SITE «GOSZAKUPKI.TJ» RECONSTRACTED AND STARTED FROM JULY, 2011
E-ANNOUNCEMENT ABOUT FORTHCOMING TENDERS
INFORMATION ABOUT AWARDED CONTRACTS
TOWARDS THE USE OF INFORMATION TECHNOLOGIES
NEW DATABASE SYSTEM INTRODUCED
IN PPA, MARCH 2012
CURRENT BENEFITS
-TIME SAVED FOR REGISTRATION
OF TENDERS, CONTRACT AWARDED
-MULTY-FUNCTIONAL SEARCH
-INCREASING CAPACITY OF PPA TO
ANALYSE AND SUPERVISE
-DATA ON ALL PROCURING
ENTITIES AND SUPPLIERS
WHAT ARE NEXT?
- CONNECT ALL THE QUALIFIED
PROCURING ENTITY TO THE SYSTEM
- INTEGRATION WITH THE SINGLE
DATABASE NETWORK OF MINISTRY
OF FINANCE, TAX COMMITTEE,
CUSTOM COMMITTEE, BANKS
THANK YOU!