REPUBLIC OF SERBIA Negotiating Group for the Chapter 5-Public procurement. Bilateral screening: Chapter 5 PRESENTATION OF THE REPUBLIC OF SERBIA

Transcription

1 REPUBLIC OF SERBIA Negotiating Group for the Chapter 5-Public procurement Bilateral screening: Chapter 5 PRESENTATION OF THE REPUBLIC OF SERBIA Brussels, 13 May 2013

2 GREEN PROCUREMENT, SOCIAL ASPECT, SMALL AND MEDIUM-SIZED ENTERPRISES, INNOVATION

3 Legal framework Public Procurement Law ( Official Gazette of RS, No. 124/12) Bylaw on Compulsory Elements of Tender Dossier in Public Procurement Procedures and the Manner of Demonstrating Compliance with the Requirements ( Official Gazette of RS, No. 29/13) The Bylaw on the Content of Report on Public Procurements and the Manner of Keeping of Records on Public Procurements ( Official Gazette of SR, No. 29/13, 104/13) The Bylaw on the Content of Enactments Specifying in Detail the Public Procurement Procedure within the Contracting Authority ( Official Gazette of RS, No. 106/13)

4 Legal framework Law on Social Welfare ( Official Gazette of RS, No. 24/11) Law on Professional Rehabilitation and Employment of Persons with Disabilities ( Official Gazette of RS, No. 36/09, 32/13) Law on Planning and Construction ( Official Gazette of RS, No. 72/2009, 81/ corrigendum, 64/2010 decision of the Constitutional Court, 24/2011, 121/2012, 42/2013 decision of the Constitutional Court, 50/2013 decision of the Constitutional Court and 98/2013 decision of the Constitutional Court) Law on Energy ( Official Gazette of RS, No. 57/2011, 80/ corrigendum, 93/2012 i 124/2012)

5 Legal Framework Law on Efficient Use of Energy ( Official Gazette of RS, No. 25/13) Law on Environmental Protection ( Official Gazette of RS, No. 135/2004, 36/2009, 36/2009 new law, 72/2009 new law and 43/2011 decision of the Constitutional Court) Law on Companies ( Official Gazette of RS, No. 36/2011 and 99/2011) Law on Accounting ( Official Gazette of RS, No. 46/2006, 111/2009, 99/2011 and 62/2013) Law on Innovation Activities ( Official Gazette of RS, No. 110/2005, 18/2010 and 55/2013)

6 Institutional framework Public Procurement Office Republic Commission for the Protection of Rights Ministry of Finance Ministry of Economy Ministry of Energy, Development and Environmental Protection Ministry of Labour, Employment and Social Policy Ministry of Education, Science and Technological Development

7 Green procurements Principle of environmental protection and ensuring of energy efficiency (art. 13. PPL) procurement of goods, services or works that: are non-polluting or have minimum influence on the environment; ensure adequate decrease in energy consumption energy efficiency

8 Green procurements Through defining of the supplies of a public procurement, the contracting authority may indicate that it procures green products, services or works in a non-discriminatory manner (procurement of energy efficient computers, recycled printing paper, recycled toners, services of delivery of organic food...) PPL envisages determination of technical specifications through the characteristics such as: the level of impact on the environment, energy consumption, consumption of other relevant resources during the use of the product (art. 70. PPL) PPL envisages use of environmental and energy specifications and labels (art. 73. PPL)

9 Green procurements Compulsory requirements for participation in the procedure (art. 75. PPL): that a bidder and its legal representative have not been convicted of an environmental crime; that a bidder or a candidate explicitly indicate in their bids they have complied with their duties arising from the currently applicable regulations on environmental protection (declaration of compliance with these duties constitutes an integral part of a bid of every bidder) Additional requirements for participation in the procedure (art. 76. PPL): The contracting authority may specify additional requirements in connection with environmental issues

10 Green procurements Elements of the criterion economically most advantageous bid (art. 85. PPL): Environmental advantages and environmental protection Energy efficiency Total costs of the life cycle of the supplies of a procurement Abnormally low price (art. 92. PPL) the contracting authority particularly checks compliance with the duties arising from the currently applicable regulations on occupational safety, employment and working conditions, environmental protection and protection of the intellectual property rights and may require provision of adequate evidence from bidders

11 Social aspect in public It is taken into account in: - Planning of procurements procurements - Determination of technical specifications (art. 70. PPL) determination of technical specifications of the supplies, with the duty to enforce mandatory compliance with the technical standards for availability for persons with disabilities, i.e. technical solution must be available to all users;

12 Social aspect in public procurements - Determination of compulsory requirements for participation in the procedure (art. 75. PPL): To participate in a public procurement procedure, a bidder must provide evidence that it paid all due taxes and other public fees in accordance with the law regulating this field and for that purpose a bidder submits a certificate from the competent tax authority and from a compulsory social insurance; The contracting authority must require from bidders or candidates to explicitly indicate that they complied with the duties arising from the currently applicable regulations on occupational safety, employment and working conditions in their bids (declaration of compliance with these duties is an integral part of a bid of every bidder)

13 Social aspect in public procurements - Determination of additional requirements for participation in the procedure (art. 76. PPL) - a possibility to specify additional requirements for participation in the procedure, particularly if they pertain to social and environmental issues - Determination of the elements of the criteria for evaluation of bids (economically most advantageous bid art. 85 PPL) - Abnormally low prices (art. 92. PPL) the contracting authority particularly checks compliance with the duties arising from the currently applicable regulations on occupational safety, employment and working conditions, environmental protection and protection of the intellectual property rights and may require provision of adequate evidence from bidders

14 Social aspect in public procurements Reserved public procurements PPL stipulates that the contracting authority may conduct a public procurement procedure only for institutions, organizations or economic operators dealing with vocational training, professional rehabilitation and employment of persons with disabilities if those persons account for at least 30% of employees In case of reserved procurement, the contracting authority must indicate in the invitation to bid that it is a reserved procurement *** PPL does not provide for a light regime for procurement of social services

15 Small and medium-sized enterprises Ability to demonstrate compliance with the compulsory requirements for participation in the procedure by a declaration (low-value public procurements and negotiated procedure without prior call for competition art. 77. PPL) If a bidder is registered with the Register of Bidders, it does not have to provide evidence at all (art. 79. PPL) In addition, a bidder does not have to provide evidence which is publicly available on official websites of the competent authorities (art. 79. PPL)

16 Small and medium-sized enterprises A centralized procurement body must structure the procedure in a manner which ensures participation of small and medium-sized enterprises (art. 48. PPL) Availability of all invitations and tender dossiers on the Public Procurement Portal, which are downloadable free of charge

17 Innovation A possibility to apply competitive dialogue and a negotiated procedure with invitation to bid Innovation Partnership Law on Innovation Activities

18 Future activities Harmonization of PPL with directives and other EU enactments Improved availability of information to contracting authorities and bidders Organization of trainings and workshops, as well as preparation of handbooks Technical assistance

19 REPUBLIC OF SERBIA Negotiating Group for the Chapter 5 Public Procurement THANK YOU FOR YOUR ATTENTION