by: Davlatov Dilmurod Agency on Public Procurement under the Government of the Republic of Tajikistan, Director

8-th REGIONAL PUBLIC PROCUREMENT FORUM, TIRANA, ALBANIA22-25 MAY, 2012

ON THE WAY TO MORE TRANSPERENCY AND EFFICIENCY

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

• 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

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

PROCUREMENTDEPENDS

ON SOURCES OF FUNDS

Funds borrowed in the framework of joint

investment projects with donors

.

PUBLIC PROCUREMENT STRUCTURE

MEDT• MINISTRY OF ECONOMIC

DEVELOPMENT AND TRADE Development of policy

• Leads decentralization in the framework of Qualification Commission under the

Government of the Republic of Tajikistan

PPA • PUBLIC PROCUREMENT AGENCY• Authorized body in implementation of policy

• Arrangement of joint procurement on behalf of organizations that do not have the status of «Qualified Procuring Entity»

QPE• QUALIFIED PROCURING ENTITY• Procurement on its own with coordination of

method of procurement• 19 Qualified Procuring Entities until now

PUBLIC PROCUREMENT STRUCTURE

DONORS • WB, ADB, IDB, the other donors• Approve tender results

SKIPPM

• STATE COMMITTEE ON INVESTMENT AND PUBLIC PROPERTY MANAGEMENT

• Leads the procedure of opening bids along with 6 ministries and agencies

• Coordination between donors and project implementation units

PIU• PROJECT IMPLEMENTATION UNITS

• 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

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

PPA ENTER THE NAME OF

PROCURING ENTITY IN THE REGISTER

«QUALIFIED PROCURING ENTITY»

43%

24%

33%

DISTRIBUTION OF CONTRACTS, 2011 (TOTALLY 387 MLN.US)

JOINT CENTRALISED PROCUREMENT DECENTRALISED PROCUREMENT

INVESTMENT PROJECTS PROCUREMENT

PROCUREMENT IN FIGURES

SLOW DECENTRALISATIONLIMITED PPA CAPACITY FOR TRAINING AND RETRAINING

TRAINING BY INSTITUTE OF RAISING QUALIFICATION, DEPARTMENT OF PUBLIC

SERVICE/WORLD BANK GRANT

MANY PROCUREMENT WITH LOW VALUEONLY ONE-YEAR CONTRACTS FRAMEWORK AGREEMENT

CONTRACT MANAGEMENT RISKSMANUAL ON CONTRACT EXECUTION MANAGEMENT AND TRAINING BOTH

PROCURING ENTITY AND SUPPLIERS

CHALLENGES AND HOW TO ADRESS THEM

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!