Thirty-five journalists, representatives of civil society organizations and economic operators, have strengthened their capacities in monitoring public procurement by participating in a complex training program organized by the Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with the Partnership for Transparency Fund (PTF). The training program is part of the project "Increasing Integrity in Public Procurement". The aim of the project is to support the reforms of public procurement in Moldova, which will increase the transparency and integrity of public procurement by empowering civil society to hold public authorities accountable.
The training program took place between October 7 and December 17, 2021, and included 12 training modules, of two training sessions each. The topics examined in the capacity building program addressed the issues of the legal and institutional framework of public procurement, sectoral procurement, the process of electronic public procurement, access to information and open data analysis, the appeal procedure, as well as the tools for identifying and analyzing corruption risks. Several case studies on public procurement issues and risks were also presented to participants within the program.
"The watchdog role of the representatives of the civil society and of the investigative journalists can induce the contracting authorities, the economic operators but also the decision-makers to be more responsible, efficient, more honest, and more transparent. For efficient monitoring of public procurement, civil society and the investigative journalists must have in-depth knowledge on topics such as the functioning of the public procurement system, the legal and institutional framework, data collection and analysis tools, the application of monitoring tools, and the identification of irregularities and actions to hold public authorities accountable. In this context, we considered it appropriate to strengthen capacities and provide a comprehensive training program through which civil society monitoring could subsequently have a positive impact on the efficient spending of public money and on the strengthening of good governance", stated Carolina Ungureanu, deputy director, and project manager at IDIS "Viitorul"
„The training program is a core element in a broader program that will support CSOs and investigative journalist organizations as they put the knowledge, skills and tools they learned into practice and engage in monitoring of actual procurement through all phases of the procurement cycle, from specifications through to awarding of and implementation of contracts. This support will include funding for competitively selected organizations, as well as mentoring and advice to ensure complaints are well-founded before being submitted to relevant public authorities to address”, stated Karin Millett, Project Director and Member of the Board of PTF.
"The training program on public procurement has once again demonstrated the need for ongoing training for civil society and journalists who monitor and investigate public procurement. In the process of monitoring procurement, it is equally important to know the regulatory framework, the monitoring tools, the electronic procurement process, and the procedures for awarding procurement contracts. Although the participants had a different level of training and experience, the program was a good opportunity for networking and for exchanging best practices. We would very much like all the knowledge and tools acquired in the training program to be applied in practice so that public procurement in all regions is under the scrutiny of civil society and public authorities are becoming responsible" stated Diana Enachi, public procurement monitoring coordinator.
“Training is not an end-it is the beginning. The end we envisage is that the monitoring some of you will do will identify inefficient and corrupt practices. Only when these practices have been corrected through actions taken by the contracting agencies or control bodies will we have approached the end. And not even then because there may be a need for changes in legislation, regulations and the system of control and sanctions. Only when such changes are made by the appropriate state bodies and the parliament, and those laws and regulations are adhered to can we say we have reached our goal. This is a long process which this project will not complete. The procurement monitoring work that some of you are about to embark on will, I am convinced, accelerate this process”, stated Lars Jeurling PTF senior adviser to the project.
"The stages of launching a procurement procedure, of opening and evaluation of tenders is governed by some pre-established rules. Likewise, there is a multitude of aspects related to the human factor. Their knowledge is essential in the objective monitoring of public procurement by civil society, but also for journalistic investigations, the representatives of these segments being the beneficiaries of the current training ", stated Ecaterina Meaun, one of the moderators of the training program.
The legal expert Viorel Pîrvan explained to the participants in the training program all the legal aspects of a public procurement, the conflict of interests, and the stages of the appeals procedure: “An important topic addressed in the program is that of conflicts of interest and corruption in public procurement. Participants were acquainted with the prohibited practices in procurement procedures, the responsibilities of the actors involved in the procurement process, and on the ways to notify the competent bodies regarding illegal practices, but also on the consequences for public procurement procedures in case of proven acts of corruption and conflicts of interest. Also, the beneficiaries of the training program understood better the role of different public institutions in everything related to public procurement as well as the way in which they can notify these institutions to report a certain problem”.
„Participants showed a good insight of procurement issues and risks in the procurement process from needs identification all the way to contract implementation and management. They identified vulnerability points in the process such as contract implementation and stressed the importance of monitoring at that stage. They also highlighted the need to go beyond the legal and institutional framework and ensure enforcement of existing rules and sanctions for non-compliance. In that respect, one of the participants brought up the fact that despite the existence of a Contravention Code in Moldova, non-compliance in the area of public procurement often goes unpunished. The participants also understood that strength is in numbers and that increased communication and cooperation among key stakeholders in procurement can help prevent and/or expose Prohibited Practices in procurement leading to better practices and ultimately a more transparent and efficient public procurement system delivering Value for Money, stated Sabine Engelhard, Legal and Regulatory Specialist, Partnership for Transparency Fund.
Each of the beneficiaries of the program had the opportunity to comment on the usefulness of the training course and to come up with recommendations and suggestions for the public procurement monitoring process.
"Although I was mostly familiar with certain terms and procedures, I learned new things in today's sessions. For example, I did not know that the authorities have such leverage as the offer guarantee and still do not use it. The presented and analyzed case studies were relevant and useful to understand the way in which certain provisions work in practice. Also, the presentation of the method of calculating the most economically advantageous offer was important and useful", underlined Marcela Zamosteanu, RISE Moldova journalist.
For her part, Olesea Harti, a member of the “Zubrea” Natives Association from Zubrești village, considers that: “The course is very welcome. As I have virtually no experience in the field of procurement, it is a significant contribution towards improving my knowledge and skills in this area. It was very useful to combine the theoretical aspect with the practical one and it is much easier to assimilate the information in this way”.
"The training was very well organized. The presentations of the moderators, combined with the rounds of sessions of questions and answers allowed the information to be assimilated more easily. The agenda of each session was well thought out for the convenience of the participants, including from the point of view of the time", stated Tatiana Djamanov, a journalist at Radio Orhei.
"I decided to participate in this program because the company I work for never took part in any public procurement procedure, the reason for this being the lack of knowledge in the field. This training helped me understand all the stages of a public procurement procedure, the legal framework, and all the information necessary to launch such procedures", mentioned Nălea Demian, the administrator of the LLC "Bioenergy Company ".
"This is very useful and important information for us journalists. I received answers to questions that will help me a lot in my work. Thank you very much! ”stated Vera Bulgaru, the director of TV Drochia.
Also, at the end of the program, the participants received certificates from the organizers and exchanged impressions and useful information.
The participants in the training program will subsequently have the opportunity to apply for a grant program through which eligible organizations that will be selected on the basis of an open competition will receive support and expertise in the procurement monitoring process. Recommendations made by civil society representatives after the procurement monitoring process will be forwarded to decision-makers for review and action necessary to improve the situation, thus holding the involved authorities accountable. The expected result would be to achieve efficiency in the use of public money, minimize the risks for public authorities, and finally, ensure quality public goods, works, and services for the citizens of the Republic of Moldova.
The Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with the Partnership for Transparency Fund (PTF), launched on October 7 a new capacity building program in the field of public procurement monitoring. The training program is part of the project "Increasing the integrity in public procurement”. The project aims to support procurement reforms in Moldova that will increase the transparency and fairness of public procurement by empowering citizens specifically civil society representatives and investigative journalists to hold relevant institutions accountable.
The program includes 12 training modules, each of two training sessions, which will take place between October 7 - December 17, 2021 and is intended for the 40 journalists, representatives of civil society organizations, but also economic operators, selected in an open and transparent call. The training program aims to strengthen the capacity of civil society organizations (CSOs) and journalists in monitoring public procurement.
The topics of the capacity building program will address the legal and institutional framework of public procurement, sectoral procurement, the appeal procedure, the process of electronic public procurement, access to information and open data analysis, as well as tools for identifying and analyzing corruption risks. Also, a series of case studies will be developed and presented to the participants in the training program, showing the specific problems and risks identified in public procurement. Thus, representatives of civil society organizations, monitors and journalists will be trained on post-monitoring actions, including reporting the risks of fraud and corruption, communication actions and advocacy of monitoring results.
"The role of civil society is essential in overseeing transparency, how public money is spent and how public procurement is conducted. In this sense, the efficient monitoring of public procurement requires a good knowledge by the civil society of the functioning mechanism of the public procurement system, of the legal and institutional framework and of the entire procurement process", considers Carolina Ungureanu, deputy director of IDIS" Viitorul" and the Project Manager.
In her turn, Karin Millett, Director of the project, mentioned: "In order for CSOs to engage in responsible and effective monitoring of public procurement they need to be knowledgeable about the relevant legal and regulatory frameworks. They also need to be familiar with the types of abuses and irregularities to watch out for and be able to identify red flags that require further investigation and evaluation. Through lectures, case studies, and other hands-on activities, this training program aims to enhance the capacity of participants to engage in informed and responsible monitoring of public procurement".
Participants in the training program will also have the opportunity to apply for a grant program through which eligible organizations that will be selected on the basis of an open competition will receive support and expertise in the procurement monitoring process. Subsequently, the recommendations made by the representatives of the civil society after the procurement monitoring process will be sent to the decision makers in order to examine and take actions to improve the situation, thus making the authorities involved responsible. The expected result would be to achieve efficiency in the use of public money, minimize the risks of public authorities, and finally, quality public goods, works and services for the citizens of the Republic of Moldova.
For more information, contact the Press Officer of the project, Ana - Maria Veverița: ana.veverita@viitorul.org/veverita.maria@gmail.com or at the phone number (0 22) 221844.
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The project “Increasing the Integrity in Public Procurement” is implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul," in collaboration with Partnership for Transparency (PTF). It aims to support procurement reforms in Moldova that will increase transparency and fairness of public procurement through empowering citizens to hold relevant institutions accountable.
IDIS „Viitorul” is an independent think tank, founded in 1993 that combines social, political and economic research with solid advocacy components. The institution conducts applied monitoring research in several areas: economy, social policy, EU policies, regional development, but also security and foreign policy risks.
Based in Washington, DC, the Partnership for Transparency's (PTF) mission is to advance innovative civil society-led approaches to improve governance, increase transparency, promote the rule of law, and reduce corruption in developing and emerging countries.
Within the context of a new project: “Increasing the Integrity in Public Procurement,” civil society representatives and investigative journalists from the Republic of Moldova will monitor public procurement in the country and provide recommendations for improving the process and strengthening the integrity of the sector. The project launch took place on September 30th, 2021, at an online conference. The project is implemented jointly by the Transparency for Partnership (PTF) and the Institute for Development and Social Initiatives (IDIS) "Viitorul".
This project aims to support procurement reforms in Moldova that will increase the transparency and fairness of public procurement by empowering citizens—specifically civil society representatives and investigative journalists—to hold relevant institutions accountable. The launch event aimed not only to present the objectives and activities of the project, but also to create a discussion platform with the participation of all actors involved in the process to identify solutions to improve the public procurement system in Moldova.
The opening speech of the conference was given by Dumitru Budianschi, Moldova’s Minister of Finance, who said: "Public procurement is one of the priorities of the Ministry of Finance of the Republic of Moldova. And the project launched today will strengthen the Ministry's efforts to have procurement in a way that there are no interests other than the public interest. There is a need for a closer dialogue between all actors involved in the public procurement process, and the role of civil society is very important. We will continue the process related to the transparency of procurement, in order to make public procurement information open to the authorities.”
"Public procurement is important for the competitiveness of the Republic of Moldova. Efficient public procurement is essential for the country's economic growth, modernization of public administration, fight against corruption, trust of citizens in the public authorities and in democracy. Modern public procurement should be based on the following elements: cost-benefit, transparency, equity and good governance,” stated Liubomir Chiriac, Executive Director of IDIS “Viitorul.”
Richard Stern, President of the Partnership for Transparency stated: “The goal of the project is to contribute to increased integrity and efficiency in public procurement in the Republic of Moldova through enhancing the capacity of CSOs to serve as informed and unbiased monitors of public procurement processes and outcomes. And the fact that the Ministry of Finance of the Republic of Moldova is championing and leading the process to make public procurement more open and fairer are core elements that will contribute to the success of this project.” He also recognized the US State Department for its contribution to the funding of this project.
Also, Laura Hruby, Chargé d’Affaires at the US Embassy in Moldova, said: “Government procurement covers every aspect of daily life. Whether you drive, walk, or surf the internet a government auction has provided these roads, sidewalks, and connections. Today's project will help improve the quality of these acquisitions and reduce the risk of corruption. It is a crucial step not only in identifying corruption, but also in implementing better practices. The US supports an independent Moldova that is accountable to its people, including the way the government spends its citizens' money. To the extent that Moldova strives to improve its procurement practices, transparent and fair processes will encourage trusted American companies to participate in Moldovan tenders and invest in Moldova.”
Karin Millett, Director of the project: Increasing the Integrity of Public Procurement in Moldova, noted that the launch event was the culmination of the Inception Phase carried out over one year, consisting of baseline studies and consultations to lay the groundwork for the design of the training program and overall focus of the program. “We fully recognize that training by itself is not sufficient to enable CSOs to engage in effective and responsible monitoring, so we will also be supporting competitively selected CSOs through awarding sub-grants for a period of one year and providing them with mentoring and advice.” She also noted that it had become clear during the Inception Phase that economic operators should be included in some aspects of the project, both in training and in a roundtable with key stakeholders to explore the use of Integrity Pacts as a tool for enhanced transparency.
“Effective monitoring of public procurement requires civil society’s knowledge on operations of the public procurement system, the legal and institutional framework, and the entire procurement process. In this sense, the aim of our project is to increase the transparency, fairness, and effectiveness of public procurement by training and empowering civil society actors and journalists to engage in informed and responsible monitoring of public procurement,” highlighted Carolina Ungureanu, Project Manager and Deputy Director of IDIS Viitorul, in the opening of the launch conference.
Discussion panels at the launch conference addressed the reform of the public procurement system in the Republic of Moldova and the experience of civil society in promoting transparent public procurement. The conference sessions were moderated by Elena Corman, Procurement Specialist, World Bank Office of Moldova, and Viktor Nestulia, Head of the Eastern Europe and Central Asia Department, Open Contracting Partnership.
“The scope of reforms in public procurements are to improve public financial management, promote efficiency, integrity and transparency in public administration, and raise the relevance and quality of the services provided to the citizens by public institutions. The level of transparency is critical when measures have to be taken, it ensures that possible breaches of the principles and regulations become investigated and, when applicable, duly sanctioned. Thus, in order to maximize economy, efficiency, and transparency, public procurement should be carried out by fully competent, professional staff, working with appropriate tools, systems, and administrative routines and resources,” Corman reiterated.
Nestulia added: "Public procurement should be open, fair, and efficient. It should respond to citizens’ needs, expanding equity, sustainability, economic opportunities, and building trust. Transparency is the first and the easiest step to start this procurement transformation journey for the Republic of Moldova. At the same time, if authorities could engage citizens and cooperate with civil society, the integrity and efficiency of public procurement will be more easily achieved.”
In their turn, the speakers discussed the National Program for the development of the public procurement system for the years 2021-2024, the electronic public procurement system, and the training program for public procurement specialists. Topics also included the efficient resolution of appeals in the field of public procurement and the experience of civil society organizations when monitoring public procurement. Ruslan Malai, Director of the Public Procurement Agency in the Republic of Moldova, spoke about the certification of public procurement specialists. He explained: “The certification regulation has been elaborated, and soon the Ministry of Finance will launch the promotion of the regulations on the certification of public procurement specialists and in maximum two months the decision will be approved. According to the Agency's business plan, by the end of the year we need to train 100 people. In Moldova we have many professions, such as lawyers, accountants, economists, but there are no procurement specialists, and the capacities of the contracting authorities are reduced.”
Irina Gutnic, Deputy General Director at the National Agency for Solving Complaints, pointed out the most significant problems generating irregularities in the public procurement procedure: “Lack of integrity in public procurement is a widespread phenomenon. No contracting authority is immune from it. Issues that distort a fair public procurement process may therefore include exact technical specifications, requesting certificates restricting wide access to the procedure, narrow specifications that favor a particular bidder, difficult qualification criteria, lack of ethics, conflict of interest, and other irregularities. And this is also due to the poorly trained staff in the field of public procurement.”
Diana Enachi, Public Procurement Expert at IDIS Viitorul, stated: “For us, transparency is not an end goal, but only a method to obtain efficiency, integrity, to obtain quality goods, services, and public works for citizens. It is important for the authorities to make efforts to procure quality goods and services in the public interest of the citizens.”
Maria Covalciuc, President of the Association for Efficient and Responsible Governance (AGER) said: "Improving the public procurement system in the Republic of Moldova is only possible by strengthening our joint efforts of both government actors and civil society so that the public budget is used to meet the needs of all citizens and not just interest groups."
The project "Increasing the Integrity in Public Procurement" will run until February 2023, and project implementation will focus on support for public procurement reforms. Project goals will be achieved through a comprehensive training program for civil society organizations and journalists on public procurement monitoring. A grant program will also be launched through which eligible organizations will receive support and expertise in the procurement monitoring process, both nationally and locally. Thus, civil society organizations, monitors, and journalists will be trained on legal requirements within the public procurement process, as well as the tools for identifying and documenting the risks of corruption. Finally, the beneficiaries will be instructed on the changes through which they can report irregularities and abuses to the control and legal institutions, but also on the development of a strategy for communication and advocacy of the monitoring results.
The recommendations made by the representatives of civil society after the procurement monitoring process will be sent to the responsible entities and decision-makers in order to examine and take actions to address issues raised, thus making the involved authorities more accountable. The result will be a more efficient use of public money as well as a better provision of goods, works, and services to the citizens of the Republic of Moldova.
For more information, contact the Press Officer of the project, Ana - Maria Veverița: ana.veverita@viitorul.org/veverita.maria@gmail.com or at the phone number (0 22) 221844.
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The project “Increasing the Integrity in Public Procurement” is implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul," in collaboration with Partnership for Transparency (PTF). It aims to support procurement reforms in Moldova that will increase transparency and fairness of public procurement through empowering citizens to hold relevant institutions accountable.
IDIS „Viitorul” is an independent think tank, founded in 1993 that combines social, political and economic research with solid advocacy components. The institution conducts applied monitoring research in several areas: economy, social policy, EU policies, regional development, but also security and foreign policy risks.
Based in Washington, DC, the Partnership for Transparency's (PTF) mission is to advance innovative civil society-led approaches to improve governance, increase transparency, promote the rule of law, and reduce corruption in developing and emerging countries
Access to open data and data analysis tools on public procurement is essential, both for civil society in the monitoring process and for regulators who can use the information to generate statistical reports and develop data-driven policies. In this respect, the approval of the new Regulation on low-value procurement and the transition to an electronic format will allow monitors to improve national statistics on public procurement and thus find easier solutions to identifying and minimizing risk indicators, and streamlining procurement processes at the level of all contracting authorities, believes Diana Enachi, expert in public procurement.
Find out from the September issue of the "Monitoring Moldova's public procurement" newsletter what changes the new Regulation on low-value public procurement brings, which are the companies that win the largest public procurement contracts, how you can participate in a training program on procurement monitoring public and other interesting news.
Also in this issue you will discover the following topics:
NEWS: IDIS "Viitorul" will implement a capacity building program in the field of public procurement monitoring
LEGISLATION: Energy, water, transport, and postal services procurement law has entered into force
POLICY ANALYSIS: Low-value public procurement: between transparency and efficiency
INTERVIEW: Sabine Engelhard: "Weak procurement management and unfamiliarity with the legal framework hinder the efficiency of public procurement in Moldova"
DATA: The top contracting authorities according to the value of contracts awarded, and the top companies that have won the largest public procurement contracts
AUDIT: Procurements worth 1.3 billion lei at the Ministry of Internal Affairs
More information can be found in the full version of the Newsletter
This newsletter is prepared within the project “Increasing the integrity in public procurement”, implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with Partnership for Transparency Fund (PTF).
Representatives of the Civil Society Organizations (CSO) and journalists from the Republic of Moldova are welcome to apply for participation in a new capacity-building program in monitoring public procurement.
After the training program an open call for sub grants will be open. In this context Civil Society Organizations / journalists (registered organizations / institutions) will have the opportunity to receive support in order to begin or continue their activity in monitoring public procurement in Republic of Moldova. The training program is part of the project "Increasing the Integrity of Public Procurement in Moldova through Cooperation with Civil Society", implemented by the Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with the Partnership for Transparency Fund (USA).
The objectives of the program are the following:
1) Provide Moldovan Civil Society Organizations (CSOs) and journalists with sufficient capacity to conduct meaningful monitoring of procurement processes.
2) Instruct Moldovan CSOs and journalists on how to appropriately monitor procurement processes by making use of the e-procurement system.
3) Ensuring that findings and recommendations resulting from credible and professional CSO monitoring are taken seriously and acted upon by contracting entities, contractors and government oversight and law enforcement entities, including the National Anti-Corruption Center.
Who can apply?
- Representatives of non-governmental organizations from the Republic of Moldova.
- Media representatives / journalists.
- Active civic leaders eager to monitor the way in which the authorities use public money.
*For some sessions representatives of the economic operators will be invited to attend
We are looking for motivated civil society leaders who are willing to participate in all activities at all stages of the program. Priority will be given to representatives of civil society organizations / journalists who have basic knowledge in public procurement and have experience in areas related to public procurement (transparency, good governance, integrity and anti-corruption, monitoring of public money, public administration, etc.)
It is relevant to apply if:
What does the capacity development program include?
The program includes 12 training modules with 24 sessions. The program is an excellent opportunity to gain new skills and knowledge, to find new partners with the same vision and to share experiences. The training program will involve national and international experts with extensive experience in the field of public procurement.
What are the topics of the modules?
Duration
The program will take place between October 7, 2021-and December 17, 2021.
The program in the field of public procurement monitoring will take place twice a month on Thursdays and Fridays. The training program will be held on the following dates:
The duration of each module is about five hours (10.00 - 16.00) with coffee break, lunch break and accommodation. Training costs will be covered by the project.
The course is expected to take place "face to face". In case of restrictions related to the pandemic situation caused by the SARS-CoV-2 virus, the training program will be organized in an online format.
Upon completion of the program, participants will receive certificates of participation. The participant organizations in the training program will later on also have the opportunity to submit their files for sub-grants that will be awarded within the project in order to support the sub-grantees to carry out public procurement monitoring activity
Application procedure
We are expecting the filled-in application form (attached) and your CV before September 20, 2021, at 18.00. Please send your file to the following e-mail address: mihai.turcanu@viitorul.org. Should you have any further questions, please contact Ungureanu Carolina at 022 22 18 44 or at the e-mail address above.
The program is part of the „Increasing the Integrity of Public Procurement in Moldova through Cooperation with Civil Society” Project implemented by the Institute for development as Social Initiatives (IDIS) „Viitorul", in partnership with the Partnership for Tansparency Fund (PTF). The aim of the project is to support public procurement reforms in Moldova, which will increase the transparency and fairness of public procurement by empowering citizens to hold relevant institutions accountable. This will be possible by training civil society organizations and journalists to act as watchdogs by monitoring public procurement.
IDIS „Viitorul” is an independent think tank, founded in 1993 that combines social, political, and economic research with solid advocacy components. The institution conducts monitoring research in several areas: economy, social policy, EU policies, regional development, but also security and foreign policy risks.
The Partnership for Transparency Fund (PTF) based in Washington DC, is committed to promoting innovative civil society-led approaches to improving governance, increasing transparency, promoting the rule of law, and reducing corruption in developing and developing countries. Since 2000, the PTF has supported more than 250 projects aimed at promoting the involvement of CSOs in decisions, processes, and laws that demand transparency and accountability in public procurement.
In the Republic of Moldova, public procurement remains an area vulnerable to irregularities, fraud, and corruption. The large amount of money circulating in the public procurement system and the frequent interactions between the public and private sectors make public procurement extremely vulnerable and a priority area of concern for the integrity of public administration. These facts justify the role of civil society in overseeing the way in which public money is spent, and how public procurement is conducted, in order to ensure transparency. Effective monitoring of public procurement requires civil society’s knowledge on operations of the public procurement system, the legal and institutional framework, and the entire procurement process. Believes Carolina Ungureanu, the manager of the project “Increasing the integrity in public procurement”.
Find out from the first edition of the "Monitoring Moldova's public procurement" newsletter why the involvement of civil society in monitoring public procurement is essential, how the Business Intelligence system works for the Republic of Moldova, how different the prices are for the same drugs purchased against COVID-19 and why The Ministry of Education paid 3.15 million lei to a company for reconstruction works that were not executed.
Also in this issue you will discover the following topics:
NEWS: Several institutions carried out illegal public procurement deals (report)
NEWS: A new digital tool for analyzing open data from the MTender system has been launched
LEGISLATION: IDIS „Viitorul” and AGER: Proposals for the Regulation on certification in the field of public procurement
OPINION: Lars Jeurling: "An active civil society is the key to a brighter future in Moldova"
ANALYSIS: NAC Report: The higher the value of public procurement deals, the higher the risk of corruption
REPORT: Large fluctuations in the purchase price of medicines and protective equipment to combat COVID-19
INVESTIGATIONS: The Ministry of Education paid 3.15 million lei to a company for works that were not performed - finding of the Court of Accounts about the repair of an institution in Bălți
More information can be found in the full version of the Newsletter
This newsletter is prepared within the project “Increasing the integrity in public procurement”, implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with Partnership for Transparency Fund (PTF).
International commitments, primary legal framework, but also the normative-secondary one in the field of public procurement was analyzed in three studies through the prism of sustainability concept. The documents were presented to the public on Thursday, December 17. The conference was attended by academics, authority representatives, researchers, experts, and civil society organizations.
The first stage of the project "Consolidation of Sustainable Public Procurement in the Republic of Moldova" designed by IDIS experts: Carolina Ungureanu, Viorel Pirvan, Vadim Turcan, and Diana Enachi, consisted in analysis of the legal framework provisions and of the commitments assumed by the Republic of Moldova regarding the international agreements. The project is funded from de state budget within the State Program (2020-2023) Nr. 81-PS from 03.01.2020, implemented by the Faculty of Economics of the Moldova State University, in partnership with IDIS "Viitorul".
Carolina Ungureanu, deputy director of IDIS ”Viitorul”, scientific researcher of the project, says that the study ”Mapping the commitments assumed by the Republic of Moldova in the international agreements on sustainable public procurement” promotes sustainable public procurement, which has a longer lifespan, and which don’t have a negative impact on the environment, on people, and communities. According to the researcher, the concept of sustainable public procurement is newer and less used in the Republic of Moldova, hence the main purpose is to promote sustainable public procurement.
According to Vadim Turcan, scientific researcher of the project, the regulatory framework contains a number of provisions on public procurement, but we are still at the beginning. He said, ”We should work harder on implementation. If we look forward at the assumed normative framework and the commitments, the law enables us to use different criteria, explains how to use it, and provides recommendation regarding the usage. By the way, we do a paramount work to break the ice and go to the next level”.
Diana Enachi, scientific researcher of the project, economist IDIS ”Viitorul”, one of the authors of the study ”The concept of sustainability in public procurement law: regulation versus enforcement” said that in the period 2018-2020, the Republic of Moldova implemented a Program to promote green energy that had as a goal to match the criteria of sustainable public procurement for at least 15% until 2020. ”As a result of the analysis of the primary legal framework, we find out that the Law 131/2015 allows authorities to include sustainability issues in the award documentation, to apply criteria which have on-base profitability considerations and factors as well as life-cycle costing. However, in practice, orientation towards sustainable public procurement is extremely low, and contracting authorities don’t pay attention to these issues”, said Diana Enachi.
Also, Viorel Pirvan, scientific researcher of the project, one of the authors of the study ”Sustainability and environmental protection. Components of the secondary regulatory framework in public procurement” affirmed that current normative framework is more about environmental protection and less about sustainability. Unfortunately, this criteria is missed from a range of important regulations. Actually, there are just some general ideas towards sustainability, but more concrete rules regarding these sustainability components could be found in Public Procurement Regulation on things, approved in 2016, and in the Regulation on procurement in state-owned enterprises.
Maria Cojocaru, associate professor at MSU, scientific researcher of the project, mentioned that reading these studies reached the conclusion that change should begin with each of us. According to the researcher, everyone should promote these practices. ”At the university was discussed to take into consideration the new sustainability criteria and we are thinking about its implementation with the public procurement department”, said Maria Cojocaru.
Regarding ”the law allowed, recommend”, Natalia Postolache, from Public Services Agency, said that ”once something is not imposed, only allowed this thing is not going to be execute”. ”We can include many provisions in the legislation, but if we will not impose a share of sustainable procurement, required, they will not work”, said Natalia Postolache.
Olga Pisarenco, head of the procurement department at the National Bank, mentioned that since she works at National Bank she is thinking of green procurement, who can be realized at the lowest price and also the National Bank requires ecolabel certificates where is possible. ”It is very important what we have on the market. We need economic operators to ensure competition, including the ecological side. The state cannot impose green procurement as a mandatory requirement as long as we don’t have economic operators on the market”, said Olga Pisarenco.
The project "Consolidation of sustainable public procurement in the Republic of Moldova" follows to strengthen the sustainability component of public procurement in the Republic of Moldova through theoretical-methodological and applied research, but also by analyzing European good practices in sustainable public procurement. Through knowledge transfer and raising society's awareness regarding sustainable public procurement role, by organizing meetings, workshops, discussions club, scientific-practical symposia, etc. the project will be implemented in four stages where will participate professors from the Faculty of Economics of the Moldova University State and experts from IDIS "Viitorul".
Representatives of civil society and journalists from the Republic of Moldova will monitor the procurement process in our country and will provide recommendations for improving communication with the authorities and strengthening the integrity of public procurement. This will become possible thanks to a new project implemented by the Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with the Partnership for Transparency Fund (PTF) from the USA.
The project "Increasing the integrity in public procurement" will be implemented by February 2023 and aims to support public procurement reforms. This will be achieved through a comprehensive training program for civil society organizations and journalists on public procurement monitoring. Also, the selected organizations and journalists will receive support and expertise in the procurement monitoring process, both nationally and locally. To monitor public procurement, participants will receive sub-grants from IDIS "Viitorul". Thus, at least 15 Moldovan organizations (NGOs and journalists) will be trained to identify and document abuses and irregularities in procurement procedures conducted by contracting authorities in key sectors, but also to report them to control and law enforcement institutions.
At the same time, the recommendations made by the representatives of the civil society after the procurement monitoring process will be sent to the responsible entities and the decision-makers in order to examine and undertake actions to improve the situation, thus making the involved authorities more accountable. The result would be a more efficient use of public money and a better provision of goods, works and services to the citizens of the Republic of Moldova.
In the past years, the national public procurement system has been in the process of reform and transformation, both at the level of legislation and at the level of process. However, public procurement is still a vulnerable area to the risks of fraud and corruption, which is relevant in both civil society reports, the investigative press and the authorities' reports. As a result, the role of civil society watchdog is becoming increasingly relevant through its contribution to increasing transparency, strengthening integrity and reporting abuses and illegalities. Therefore, it is essential to develop the capacity of civil society organizations, providing them with the knowledge and skills to professionally and responsibly monitor public procurement at all stages.
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The project “Increasing the integrity in public procurement” is implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with Partnership for Transparency Fund (USA). It aims to support the procurement reforms in Moldova that will increase transparency and fairness of public procurement through empowering citizens to hold relevant institutions accountable.
IDIS „Viitorul” is an independent think tank, founded in 1993 that combines social, political and economic research with solid advocacy components. The institution conducts applied monitoring research in several areas: economy, social policy, EU policies, regional development, but also security and foreign policy risks.
Based in Washington, DC, Partnership for Transparency Fund's (PTF) mission is to advance innovative civil society-led approaches to improve governance, increase transparency, promote the rule of law and reduce corruption in developing and emerging countries.
Civil society expresses its deep concern about the fact that the Center for Centralized Public Procurement in Healthcare (CAPCS) has decided to receive offers for tenders by e-mail. This applies to procurements in the field of health care, which have nothing to do with the fight against COVID-19. Prior to this, offers were accepted in sealed envelopes. The corresponding letter number Rg02-1416, April 7, 2020, was sent to suppliers by acting CAPCS Director Alina Russu.
Even though the submission of offers in envelopes has a high level of corruption risks and is clearly a relic of the Stone Age, this procedure still contained at least some minimal guarantees of transparency and impartiality: suppliers could attend the opening of envelopes and, thus, minimize the control of the procurement process.
When submitting offers by e-mail, the minimum guarantees of transparency of procurements and impartiality to suppliers are actually compromised. Email submissions actually blindfold the public, taking medical purchases into the shadows. As a result, the risks of inefficient use of public funds and deterioration of the protection of public health are increased: for more money - less supplies and medical equipment can be purchased. This is unacceptable in a modern democratic society, and particularly in a state of emergency caused by the spread of COVID-19.
Given the increased risk of corruption in the Republic of Moldova, [1] e-mail offers are easy to manipulate and abuse:
• the e-mail is easy to delete or it can get “accidentally” in the spam folder;
• important information from the offers can be reported to competitors;
• one can advise “privileged” suppliers to make changes and invisibly send an offer with updated data, etc.
We are concerned that for more than a year now no decisions have been made to finalize the functionality of the electronic procurement system (today it is SIA RSAP MTender) for medical purchases. In this regard, in the current emergency situation, CAPCS does not use this transparent system.
In connection with the foregoing, we urge that:
• CAPCS immediately refuses to the practice of accepting offers by e-mail;
• The Government and the Commission for Emergency Situations ensure a transparent use of public funds in the field of medical procurement, particularly by:
1. Publishing detailed lists, specifications, the number of planned purchases and concluded contracts for the purchase of medicines, medical devices and medical equipment, specifying specifications, quantities and prices, data on supplies;
2. Obliging the Ministry of Finance to urgently finalize the necessary functionality of the electronic procurement system (currently SIA RSAP MTender) for medical purchases.
The entire call can be read here: Open call of civil society organisations to the authorities on critical deterioration of transparency in public procurement by the Center for Centralized Public Procurement in Health care
