Public Procurement Monitoring November 2016

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2 Public Procurement Monitoring November 2016

3 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement, Construction Sector Public Procurement Trends Construction sector Comparative Analysis General overview contract awarding criteria and selection criteria. Findings and conclusions of the public procurement notices monitoring. 3

4 Public Procurement Notices (number and value) November 2016 Public procurement notices for November 2016 amount to 161 with announced value of BGN 137 million. Procurement notices with announced estimate value in November 2016 are 160 or of the total number of procurement notices of a value of BGN 137 million. Procurement notices with no value announced - 1 registered or 0,6 % of the total number of procurement notices in November 2016.

5 Public Procurement Notices (number and value) November 2016 by segments Civil Engineering Infrastructure. 23 procurement notices in November 2016 for this segment, representing 14,3 % of the total number of procurement notices with an announced value of BGN 37 million or 27,2 % of the total value announced in the construction sector. Building Construction as a segment of the construction industry represents 18,6% (or 30 procurement notices) of the total number of procurement notices in November 2016 with total announced estimate value of BGN 12 million, representing 8,9% of the total value announced in the construction sector. Power Engineering Infrastructure 39 public procurement notices in this segment representing 24,3 % of the total number of the procurement notices in November with announced estimate value of BGN 71 million or 52,2 % the total announced value in the sector.

6 Public Procurement Notices (number and value) by segments, November 2016 construction sector Public procurement notices in the Water Supply and Sewage segment are 7 or 4,3 % of the total number of public procurement notices with announced estimate value of BGN 71 million or 5,3 % of the total announced estimate value. Design and Supervision. The public procurement notices in this segment are 62 or 38,5% of the total number of public procurement notices in November with a total estimate value of BGN 9 million. This is a share of 6,4 % of the total announced estimate value of the public procurement notices in the reported period.

7 Public procurement notices by type of construction, November 2016, /number/. Water Supply and Sewage Infrastructure; 4,3% Civil Engineering Infrastructure; 14,3% Design and Supervision; 38,5% Power Engineering Infrastructure; 24,2% Building Construction; 18,6%

8 Public procurement notices by type of construction, November 2016, value. Power Engineering Infrastructure 9% Design and Supervision 7% Design and Supervision 5% Civil Engineering Infrastructure 27% Power Engineering Infrastructure 52%

9 Public procurement notices in the Civil Engineering Infrastructure sector in percentage by types of activities for November Civil Engineering Infrastructure. 23 procurement notices in November 2016 in this segment representing 14,3 % of the total number of procurement notices with an announced estimate value of BGN 37 million or 27,2 % of the total announced value in the construction sector. Building, reconstruction and repair of road and railroad infrastructure in November 2016 represent 56,7 % of the total number of procurement notices for the Civil Engineering Infrastructure sector. Cleaning and correction of riverbeds, drainage and increase of rivers throughput, rehabilitation and maintenance of ports in November 2016 represent 4,3 % of the procurement notices in this segment. Cultural monuments and archaeological sites in November No public procurement notices. Landfills for household and construction waste on November 2016 represent 13,0% procurement notices for the Civil Engineering Infrastructure sector.

10 Public procurement notices in the Civil Engineering Infrastructure sector in percentage by types of activities November 2016 Earthworks in November 2016 No procurement notices for this type of works in the Civil Engineering Infrastructure sector. New construction and renovation of parks, children s playgrounds, stadiums and recreational areas in November 2016 represent 21,7 % of the total number of procurement notices for this type of activity in the Civil Engineering Infrastructure sector. Winter maintenance and cleaning of the road network in November 2016 represents 4,3% of the procurement notices in this segment.

11 Public Procurement Notices in the Water Supply and Sewage Infrastructure in percentage by types of activities November 2016 Public procurement notices in the Water Supply and Sewage Sector are 7 or 4,3 % of the total number of public procurement notices with an announced estimate value of BGN 71 million or 5,3 % of the total announced estimate value. New construction and repair of wastewater and effluent treatment plants in November represent 28,6 % of the procurement notices in the segment. New construction and repair of pump stations in November There are no public procurement notices in this segment of the Water Supply and Sewage sector for the reported period. Construction and reconstruction of water supply and sewage installations in November The share of procurement notices in this segment is 71,4% of the public procurement notices. Sewage collectors rehabilitation in November 2016 There are no public procurement notices in this segment. Construction of sediment trap and tanks - no procurement notices in this segment in November Water Cycle Project - no procurement notices in this segment in November Drilling Works - no procurement notices in November 2016.

12 Public Procurement Notices in the Building Construction Sector in percentage by types of activities November 2016 Building Construction as a segment of the construction industry represents 18,6 % (or 30 procurement notices) of the total number of procurement notices in November 2016 with total announced estimate value of BGN 12 million, representing 8,9% of the total announced value in the construction sector. New construction holds a share of 23,3 % of the total number of procurement notices in the Building Construction segment in November Reconstruction, repair works and other construction works, restoration and conservation in building construction represent 76,7 % of the procurement notices in the Building Construction segment in November 2016.

13 Public Procurement Notices in the Power Engineering Infrastructure Sector by types of activities November 2016 Power Engineering Infrastructure 39 public procurement notices in this sector representing 24,2 % of the total number of procurement notices in November 2016 with an announced estimate value of BGN 71 million or 52,2% of the total announced value in the sector. Energy efficiency measures - represent 87,1% of the procurement notices in November 2016 in the Power Engineering Infrastructure segment. Repair, reconstruction and assembly works hold a share of 2,6% of the total number of procurement notices in the segment in November New construction in November 2016 holds a share of 10,3% of the procurement notices in the segment.

14 Public Procurement Notices in November 2016 in the Design and Construction Supervision Sector Design and supervision. The procurement notices in this segment are 62 or 38,5 % of the total number of procurement notices in November 2016 with a total announced estimate value of BGN 9 million. This is a share of 6,4 % of the total announced value of public contracts for the reported period. The distribution is as follows : Providing expertise and technical services, consultations, technical assistance represents 3,2% of the total number of procurement notices in the Design and Supervision segment. Investment project development and designer s supervision a share of 50,1 % of the total number of procurement notices in the Design and Supervision segment in November. Construction supervision and preparation of construction site passports a share of 41,9 % of the total number of procurement notices for the Design and Supervision segment in November. Energy efficiency audits, indicates a share of 4,8 % in November.

15 Share of public procurement notices according to the criterion Source of Financing, November 2016 /number/ according to PPA data OPTTI 1 OP Regions in growth 33 Rural Developm ent Program none OPRD none EMEPA none Budget 123 Financial Mechanism of the European Economic Area 1 OP Environme nt 2 EU Solidarity Fund none. Financial Mechanism of EEA and Norwegian financial mechanism - none National Trust Eco Fund. none OPHRD none

16 Trend in Public Procurement according to the criterion Source of funding /number /. Operational Programme INTEREG Greece - Bulgaria none. European Refugee Fund Programme no procurement notices. Connecting Europe Mechanism - 2. Bulgarian-Swiss Cooperation Programme - none. Asylum, Migration and Integration Fund 1. Beautiful Bulgaria Project none. Good Governance Operational Programme none. Funding from Agency for People with Disabilities at MLSP - none. Grant Agreement with the Executive Agency "Innovation and Networks none.

17 Public Procurement Monitoring October 2016 according to criterion Contracting Authority Public procurement notices for November 2016 announced by municipalities amount to 120 or 74,5 % of the total number of procurement notices Utilities and public sector in November or 2,5 % of the total number of procurement notices. Hospitals and educational institutions - 5 public procurement notices in November 2016 or 3,1 % of the total number of procurement notices. Ministries and agencies - 32 or 19,9 % of the total number of procurement notices in November Other public procurement notices in November none.

18 Public Procurement Notices according to the criterion Contracting Authority, number, November 2016 Source: Public Procurement Agency November 20% 3% 3% 74% Municipalities Utilities and public sector Hospitals and educational institutions Ministries and agencies Other 18

19 Public Procurement Notices Contract Awarding Procedure November 2016 Open procedure 62 public procurement notices or 38,5 % of the total number of procurement notices. Open project competition 2 public procurement notices or 1,2 % Restricted procedure - no public procurement notices. Procedure without publication of contract notice - no public procurement notices. 19

20 Public Procurement Notices Negotiation Procedure November 2016 Direct negotiation 2 public procurement notices or 1,2% of the total number of procurement notices. Negotiation without prior notice 14 or 8,7 % of the total number of procurement notices. Public competition - 80 procurement notices or 49,8% Negotiation without prior call - none. Negotiation with prior call 1 or 0,6%. 20

21 Public procurement notices November Type of procedure November open procedure 1% 1% direct negotiation 38% negotiation without prior notice 50% public competition 1% negotiation with prior call 9% open project competition

22 Public Procurement Notices according to criterion: Value,, November 2016 Calculations are based on Public Procurement Agency s data 1% Announced estamate value No value announced 99% 22

23 Public contract awarding criterion November 2016 Most economically advantageous tender Calculations based on PPA data No criteria /for awarding contracts/ For a total of 91 procurement notices in November the Contracting Authority has selected the criterion Most economically advantageous tender or 56,5 % of the total 161 public procurement notices. 70 procurement notices have no evaluation criteria or 43,5% of the total 161 procurement notices. 23

24 Public Procurement Notices 160 November State Budget Operational Programmes ,5 1 1,5 2 2,5

25 ISO SO 9001:2008 (Quality Certificates Management Systems) : ISO 14001:2004 (Environmental Management Systems) OHSAS 18001:2007 (Occupational Health and Safety Management Systems) SA 8000:2008 (International Social Responsibility Standard). ISO 27001:2005 (Information Security Management Systems) IEC 17020:2005 (Requirements for the accreditation and operation of bodies performing inspections)i SO 17025:2005 General requirements for the competence to carry out tests and/or calibrations, including sampling; ISO :2012 specifies the requirements for qualification testing of welders for fusion welding of steels. ISO International standard containing requirements for a Quality Management System. ISO 17024:2003 for qualified personnel in the field of metals. In November 2016 the following certificates are required in the public procurement notices : ISO 9001 : 2008, this certificate is required for 43,4 % of the procurement notices. ISO 14001:2004, this certificate is required for 27,0 % of the procurement notices. OHSAS18001:2007, this certificate is required for 7,4 % of the procurement notices. SA 8000 : none ISO 27001:2005 none IEC 17020:2005 none ISO 17025:2005 no requirements ISO :2012 none ISO no requirements ISO :2003 no requirements ISO ,1% ** The percentage is calculated based on the procurement notices excluding those for supervision and procedures without publication of a contract notice.

26 PUBLIC PROCUREMENT MONITORING CONDITIONS AFFECTING NEGATIVELY THE COMPETITION IN PUBLIC PROCUREMENT CONSTRUCTION SECTOR The findings of the Working Group at the BCC performing monitoring Conditions, affecting negatively the systems of procurement contract awarding in Bulgaria are as follows : The analysis for November 2016 indicates that breaches, weaknesses and restrictive criteria resulting in subjective decisions and setting of restricting barriers were found in 12 public procurement notices. The trend is toward increase in number of breaches by 4 compared to the previous month. Civil Engineering Infrastructure and Water Supply & Sewage 3 registered conditions affecting negatively the competition in public procurement in November 2016 or an increase in number of breaches by 4 compared to the previous month.. Building Construction no registered conditions affecting negatively the competition in public procurement or a decrease in number of breaches by 3 procurement notices compared to the previous month. Power Engineering Infrastructure - 9 registered unconformities in the public procurement notices in November 2016; the trend is toward an increase by 4 compared to the previous month. Design and construction supervision - no registered unconformities in the public procurement notices in November 2016 or maintaining the same levels as in the previous month.

27 Violations in Public Procurement Notices by Segments of the Construction Sector, November 2016 Design and supervision Power engineering infrastructure Civil engineering infrastructure and water supply and sewage Building construction Building construction Civil engineering infrastructure and water supply and sewage Power engineering infrastructure Design and supervision Violations

28 Distribution of breaches by Type of Contracting Authority November ноември Municipalities Мinistries and Аgencies OP Regions in growth Regional development

29 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement contracting authority Ministries and agencies Sofia Airport Assignment: Current repairs of vertical tanks 5 and 6 for aviation kerosene. Quote: 1. Title: Current repairs of vertical tanks 5 and 6; 2. General code Construction works for renovation of facilities and CPV Tanks, cisterns, containers and pressure vessels; 3. The tender documentation requires the contractor to develop a Safety and Health Plan during implementation. Comment: In the title intentionally is written Current repairs while renovation of facilities is required. The tenderer is not given design for implementation. A statement is submitted stating that there is no documentation of manufacturing and certificates of the input materials. However the statement does not replace the project documentation for implementation. Since the successful tenderer is required to develop a Safety and Health Plan, this means that the public contract should be for Engineering.

30 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement procurement Sofia Municipality Assignment: Engineering (design and construction) for the project "Construction of the north lane of Todor Kableshkov Blvd. from Lui Ayer Str. to Emilian Stanev str. and construction and assembly works along Todor Kableshkov Blvd. from Bulgaria Blvd. to Lui Ayer Str. and from Emilian Stanev Str. to Cherni vrah Blvd.. Quote: "Each tenderer should have the necessary technical equipment to perform the contract - asphalt plant. Comment: excessive condition

31 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Kozlodui Municipality, District of Vratsa Assignment: "Construction works on sites of Kozlodui Municipality, in two lots." Lot 1: "Building a cemetery park in the village of Glojene; Lot 2: Refurbishment of primary school "Hristo Botev in the village of Glojene. Quote: Lot 1: "Building a cemetery park in the village of Glojene Comment: There is no design documentation for Lot 1.

32 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Elhovo Municipality, District of Yambol under OP Regions in Growth. Assignment: Design, architectural supervision and execution of construction and assembly works relating to the implementation of OPRG Energy Efficiency in peripheral regions to improve energy efficiency of buildings of the municipal administration in the town of Elhovo, in lots: Lot 1 "Building with an administrative address in the town of Elhovo, 2, Targovska Street ; Lot 2 "Building with an administrative address in the town of Elhovo, 13, Targovska Street ; Lot 3 "Building with an administrative address in the town of Elhovo, 13, Kaloyan Street". QUOTE: III.1.3) Technical and professional capacity: Required minimum level(s): 1.2. By construction "similar" to the subject of the contract should be understood: Construction works for implementation of energy efficiency measures in buildings, incl. repair and construction works for laying hydro- and thermal insulation and installing window frames in buildings for implementation of energy efficiency measures in existing buildings with total built-up area: at least 800 sq. m. / applicable for all lots/. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: : at least 800 sq. m.

33 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Beleni Municipality, District of Pleven Assignment: Implementation of engineering works - design, architectural supervision and execution of construction works for renovation and ensuring energy efficacy of residential block 4/43 entrance Б, entrance В, entrance Г and entrance Д, in the town of Belene. Цитат: III.1.3) Technical and professional capacity: Required minimum level(s): 2 1. The tenderer should: а) Have performed successfully construction works and/or design and building for renovation and / or new construction and / or reconstruction, including those relating to the implementation of energy efficiency measures in buildings with total built-up area of one building or the sum of total built up areas of more buildings at least 5000 sq. m. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 5000 sq. m.

34 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Lovech Municipality Assignment: Design and execution of construction works relating to the implementation of the National Energy Efficiency Programme for Multifamily Buildings on the territory of the town of Lovech Quote: III.1.3) Technical and professional capacity: Required minimum level(s): Tenderers should have performed successfully construction works with subject and volume identical or similar to the subject matter of the relevant lot completed over the last 5 / five / years from the date of submission of the tender. By construction identical or similar to the subject matter of the contract should be understood construction and engineering for major renovation and / or new construction and / or reconstruction, including implementation of energy efficiency measures in buildings with a total built up area for one building or the sum of total built up areas of more buildings, in lots as follows: LOT 1-minimum 8500 sq.m; LOT 2-minimum 4500 sq.m; LOT 3-minimum 7000 sq.m; LOT 4-minimum 6500 sq.m; LOT 5-minimum 4500 sq.m; LOT 6-minimum 4500 sq.m; LOT. 7 - minimum 3500 sq.m; LOT 8- minimum 6500 sq.m; LOT 9- minimum 3500 sq.m; LOT 10- minimum 9000 sq.m; LOT 11 - minimum 7000 sq.m. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: from at least 3500 sq. m. to 9000 sq. m.

35 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Gabrovo Municipality Assignment: Implementation of engineering works - design and execution of construction and assembly works relating to the implementation of the National Energy Efficiency Programme for Multifamily Buildings on the territory of the Municipality of Gabrovo Quote: III.1.3) Technical and professional capacity: Required minimum level(s) 2 Tenderers must have performed construction and assembly works (construction and/or design and building), identical or similar to the subject matter of this public procurement completed over the last 5 / five / years from the date of submission of the tender. By construction with subject matter and volume "similar" to the subject of the contract should be understood : Construction works for implementation of energy efficiency measures in residential or public buildings, incl. repair and construction works for laying hydro- and thermal insulation and installing window frames in buildings for implementation of energy efficiency measures in existing or newly built residential and/or public buildings with total built-up area: at least 2000 sq. m. and minimum average building up (over 10 meters). Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 2000 sq. m. and minimum average building up (over 10 meters).

36 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement contracting authority Aksakovo Municipality Assignment: Design, architectural supervision and execution of construction works relating to the implementation of the National Energy Efficiency Programme for Multifamily Buildings on the territory of Aksakovo Municipality by lots: Lot 1 "Building with an administrative address in the town of Aksakovo, r.a. Nadezhda, bl. 4 ; Lot 2" Building with an administrative address in the town of Aksakovo, "Georgi Petleshev" str., bl. 1 ' Quote: III.1.3) Technical and professional capacity: Required minimum level(s) 2 For both lots: 1. Tenderers should have performed at least one activity building and/or design and execution of construction with subject and volume identical or similar to the subject matter of the relevant lot completed over the last 5 / five / years from the date of submission of the tender. * By construction and/or design and or building "similar" to the subject of the relevant lot should be understood: Construction works for implementation of energy efficiency measures in buildings, incl. at least: repair and construction works for laying hydro- and thermal insulation and installing window frames in buildings for implementation of energy efficiency measures in existing residential or public buildings with total built-up area: at least 1000 sq. m. /applicable to both lots/ Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 1000 sq. m.

37 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Pernik Municipality Assignment: Implementation of engineering works - design, architectural supervision and execution of construction and assembly works relating to the implementation of the National Energy Efficiency Programme for Multifamily Buildings on the territory of Pernik on Multifamily residential building bl.10 with administrative address in Pernik, Prouchvane neighborhood Comment: The contractor company Фирмата изпълнител EKLIPS ASSET GROUP OOD has no registration with CPRB of BCC. Violation of Art. 157, para 2, TDA and Art. 3 of the Bulgarian Chamber of Builders Act.

38 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement contracting authority hospitals and educational institutions under Operational Programme Regions in Growth Assignment: Execution of construction and assembly works for reconstruction and reorganization of the attic space, providing accessible architectural environment and implementation of energy efficiency measures in Building "A" of Forestry University -.Sofia Quote: III.1.3) Technical and professional capacity: Required minimum level(s) 2 Tenderers should have performed at least one activity - construction with subject and volume identical or similar to the subject matter of this public procurement completed over the last 5 / five / years from the date of submission of the tender. *By activities, identical or similar to the subject matter this public procurement shall be understood: Construction works on construction and / or reconstruction and / or overhaul and / or equivalent work on buildings with total built-up area: at least 2000 sq. m. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 2000 sq. m.

39 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Berkovitsa, District of Montana under OP Regions in Growth Assignment: Implementation of engineering works - design and execution of construction and assembly works relating to the implementation of OPRG Energy Efficiency in peripheral regions for public buildings on the territory of the town of Berkovitsa in 4 lots QUOTE: III.1.3) Technical and professional capacity: Required minimum level(s): 1.2. Tenderers should have performed construction and/or design and or building of at least one (1) completed site identical or similar to the subject matter of the lot, for which the tender is submitted, over the last 5 / five / years from the date of submission of the tender. By construction and/or design and or building "similar" to the subject of the contract should be understood: Construction works for implementation of energy efficiency measures in buildings, incl. repair and construction works for laying hydro- and thermal insulation and installing window frames in buildings for implementation of energy efficiency measures in existing buildings with total built-up area: at least 1000 sq. m. / applicable for all lots/. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 1000 sq. m.

40 Public Procurement Monitoring Conditions affecting negatively the competition in public procurement Construction Sector Public Procurement Contracting Authority Elhovo Municipality under OP Regions in growth Assignment: Exercising architectural supervision and execution of construction and assembly works relating to the implementation of OPRG EEPR procedure for increasing the energy efficiency of 3 residential buildings in the town of Elhovo. Quote: III.1.3) Technical and professional capacity: Required minimum level(s): 1.2. By construction "similar" to the subject of the contract should be understood: Construction works for implementation of energy efficiency measures in buildings, incl. repair and construction works for laying hydro- and thermal insulation and installing window frames in buildings for implementation of energy efficiency measures in existing buildings with total built-up area : at least 800 sq. m. / applicable for all lots/. Comment: The contracting authority has set excessive requirements for technical capacity for performance of construction and assembly works in buildings with total built-up area: at least 800 sq. m.

41 Methodology and information sources Information Sources Public procurement portal at the Public Procurement Agency. Data processing methodology : The data is processed by experts at the relevant sections of BCC by type of construction: Building construction Civil Engineering Infrastructure Water Supply and Sewerage Power Engineering Infrastructure Design and Supervision The data is reported on a monthly basis - number of notices for a particular month.. Priority of the monitoring report - BCC assessment at an expert level of : conditions affecting negatively the competitive environment laid down in the selection criteria, evaluation indicators leading to subjective decisions in awarding of contracts or elimination of participants in public procurement procedures 41

42 Eng. Emil Gigov Chief Expert Building Construction Elena Nedeva Expert Design and Construction Supervision Eng. Yoanna Betova - Expert Power Engineering Infrastructure Eng. Stefan Karchev - Chief Expert Civil Engineering Infrastructure and Water Supply and Sewage Eng. Veselka Peshova-Expert Analyses and Forecasts Tanya Bachvarova- Chief Expert Analyses and Forecasts, Project Leader of " Public Procurement Monitoring