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In accordance with the Association Agreement, Ukraine ensures fair and transparent government procurement of goods and services, and modernises its tendering procedures in accordance with the EU norms. The main purpose of this process is to create competition in the procurement process in the public sector in order to obtain the best offer for taxpayers money.
Thus, legislation has been adapted to Ukraine today and a number of measures have been taken to improve tender procedures in accordance with EU norms, namely:
The Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Public Procurement" (December 25, 2015, No. 922-VIII);
Open procedures and competitive selection are conducted exclusively by electronic means ( ProZorro );
The Dozorro portal for monitoring purchases has been launched by creating a unique database of real assessments of purchasers, suppliers and individual tenders;
Ukraine and the EU discussed the integration of public procurement sites in order to provide increased access to procurement information both in Ukraine and in other countries, the possibility of systematic analysis of the EU public procurement information system TED ;
Ukraine joined the WTO Agreement on Government Procurement (May 18, 2016, Ukraine became a full member of the Agreement);
In pursuance of the provisions of the Association Agreement between Ukraine and the European Union, the Government approved the CMU Resolution No. 175 of February 24, 2016 "On the Strategy for the Reform of the Public Procurement System (Roadmap)".
And today in our studio - the chairman of the public organization "Philosophy of the Heart" Yulia Gryga , who is a representative of Dozorro in the Vinnytsia region, and is well aware of the fact that the tendering procedures in Vinnytsia region are actually taking place.
- Good day, Julia! To what extent, in your opinion, in the Vinnytsia region were fulfilled tasks set by the European Union in Ukraine in the public procurement sector?
- Exactly within the framework of the law on public procurement, which has earned for all authorities, in general for all customers in the understanding of the law - from August 1, 2017. There are a number of customers who do not really want to display their purchases in the Transparent system. We catch them in the Vinnytsia region, we try to explain to them what it is necessary to do. But in principle, I believe that our situation is not very bad, and the law is fulfilled. Therefore, everything within the law is all that is foreseen. We have a very progressive law, and he included almost all the recommendations of the association agreement directives, which included the implementation of procurement. Therefore, a number of changes to the law are being worked out in practice and where there are problematic issues. Here we work, its already working on the mistakes. And so, everything is taken into account - implemented.
- How are tender procedures in Vinnytsya under EU norms?
- We have all the procedures in accordance with the EU norms. Because our own procurement procedures are adapted to EU standards. The only thing that we have in the law is the prediction of e-trades, where the amounts are very high, and these euro-trades can come from European participants. Theres a bit more complicated procedure prescribed, a little longer takes time. And they are quite rare in Vinnitsa region.
- Tell us about the positive and negative experience in conducting such procedures?
- We do not almost open the open bidding. Because they are big mega. Sumy is very large. And there, the participants themselves are interested in controlling them, and if international participants are involved, or our very large corporation companies. They themselves monitor that there was a normal competition, and there is almost no job for us. We have more work at open tenders Ukrainian. Where the moderate size of procurement is 10 - 20 million. So its work-related. The biggest misuse of our experience is the purchase of medicines and construction work. Where it is very difficult to check what has been done, what has not been done. Whether those materials are purchased, or in the amount in which they are estimated by the budget. Here it is very difficult to check. And this niche is quite closed.
- Which agencies often allow violations when conducting tender purchases?
- I would not speak about the departments. There are many violations at the level of village councils, at the level of district customers. Preferably this is not because they want to violate the law, but elementarily because of ignorance, the lack of the opportunity to undergo normal professional training and to consult.
They just moan - customers. People are dismissed due to the fact that this is an additional burden, free of charge normally. But the law provides that this should be a paid position, if it is open bidding or over-threshold purchases. In practice, this is not the case and this is usually a burden on the accountant. Responsibility is crazy, the minimum penalty for violation in the tender legislation - 11900 hryvnia. This is a very large sum for a simple accountant. Therefore, the situation is very complicated, and in our work we usually try to contact customers, say where they have a violation, tell how to eliminate it, consult. And in this way, to slightly straighten the situation, so that such small, minor and unconscious violations were as small as possible.
- And what violations are mentioned, give examples?
- It is a trivial elemental unplacement of procurement in terms of procurement. This is provided by law and how much we have not checked it, it is 50 percent (now maybe a little less), its all our work, constant, daily, it yields a result. But the ban is not placing the procurement plan, that is, the procedure should be initially planned, and then carried out. These logical Europeans do not understand how we can work without a procurement plan. Unfortunately, these plans are uncovered at the most one day before the purchase. There is no such that before the beginning of the year hang out and you could look at the manager who will be purchased. This is usually so placed per day - for two, the law provides for no later than 5 days. So it is placed. Therefore, this is the most widespread violation. Rarely, we encounter a conspiracy between the parties, but it is. Here, unfortunately, I want to say that Vinnytsia branches of the Antimonopoly Committee over the past 3 years have no decision on anti-competitive concerted actions. Even though only our organization sent 3 applications but received a petition that there were no violations there. And we do not have the right to address such statements at all. Therefore, its a matter of how to resolve it, because the law clearly states who can deal with violations in procurement tenders. These are the State Audit Office, the Antimonopoly Committee, the Department of Economic Protection in Vinnytsia Oblast. Everything in principle. And they have their own area of ??responsibility, where they can be included, and now, despite the fact that, for example, the state audit service is a former KRU, a new law has been adopted, that they can monitor all purchases from the initial stage to the final one, at any stage, may decide to stop the procedure. That is not an act adopted under the law that gave them the tool as it is right to do. Therefore everything remains as it was. They can not do anything. In principle, they can, but do not. They are waiting for a new tool. The Antimonopoly Committee examines complaints from participants that cost UAH 5,000, an appeal to an anti-monopoly. Only hope for managing the protection of the economy and the national police remains. And in them the load is crazy, there are a lot of complaints and this is not only this direction they have. Therefore, in principle, the field of public procurement, despite the fact that we have a very good law and very progressive, but there is no liability as such. There is no criminal case brought to trial in Vinnytsia region on procurement. Despite the fact that if you open the "CONTROL" system and see how many participants have criminal proceedings, then no one will come to the court, and this is very sad, because when there really is abuse, they should do something with them. here I think that public condemnation does not even help. Because the perception of abuse of abduction in people is simply zero, therefore, political will is needed here, a hard hand is needed, so that with such shameful phenomena and for such actions punishment is mandatory. they should do something with them. And here I think that the public condemnation does not even help. Because the perception of abuse of abduction in people is simply zero. Therefore, there is a need for political will, a hard hand is needed, so that with such disgraceful phenomena and for such actions, punishment is mandatory. they should do something with them. And here I think that the public condemnation does not even help. Because the perception of abuse of abduction in people is simply zero. Therefore, there is a need for political will, a hard hand is needed, so that with such disgraceful phenomena and for such actions, punishment is mandatory.
One of such very problematic issues is the problem zone, we call it in procurement. This is the conclusion of additional deals. It just does not fit in the head. When customers, together with the winners, bring us through the TRANSLATION system that the price in October of last year for diesel fuel 28, 29 and 30 hryvnas is normal. This is normal, they order somewhere the conclusions of the Chamber of Commerce and Industry, and believe that the retail price of fuel, and this price is charged to the cost of its contract. And this is not normal. Because never bought such large customers, which we now try to explain this way it is impossible.
The transport company is Ekovin. There is a lot of fuel in them, we understand. But, if they win 20-30 thousand tons, then it is clear that it can not be talk about retail prices. It is clear that there will be a wholesale price. And here there are schemes working out of the worked out schemes, when a new business can not enter. When a company wins, it dumps, it artificially lowers the price in order to win the auction. Then, by additional agreements, they accelerate the price to the retail, and usually even higher retail price. And this is a huge loss for the budget. Here is the last case, the criminal proceedings that are currently under Ekinin, the police department counted more than 600 thousand losses. Therefore, this topic is a problem area - this is the area of ??our increased attention, where there are additional agreements, and we work there. And here it is very important to report that at such a price, if we go with you somewhere,
- You conducted a study of tender procurement in the educational sector that impressed you the most in the results?
- We monitor procurement throughout the oblast. I represent a network of guardianship in the Vinnytsia region. Which responds to complaints, participants in the system is transparent. Last year, our education was offended by the fact that almost all schools bought computers of the same company at the highest price despite the fact that there were 5 and 4 participants in the procurement. But the bidder won the most expensive. This fact is very disturbing to us, but, unfortunately, there is no potential for us to process such large volumes of scale of purchases. Because its about 20 very large purchases, over which it was necessary to work. Because there are many reviews.
We only received yesterday about 10 reviews. With the fact that we have the norm to process 30 per month. Because there are results there is a positive dynamics, a lot of customers are now reacting. Cancel decisions where they were not lawful, cancel purchases where there was abuse. We have indicated that there were no sanctions, so the customer canceled. And these are the results they give a very large amount of work, we just do not have time to physically.
And our colleagues learn, and we expect them very soon to fill our ranks.
- What municipal institutions in the Vinnytsia region of Vinnytsia region fairly and transparently conduct tendering procedures?
- I think that we will not give an assessment of a completely honest and transparent policy. Because we did not monitor any facility from the first to the last purchase. Therefore, any of our estimates will be subjective. But there are institutions that almost do not fall into our top, and this is mainly institutions at the oblast level. We have more questions in the city at all times. Thats right.
- How do you generally evaluate the process of implementing transparent procurement procedures in the Vinnytsia region?
- A very difficult question ... Because at the city level, we are very pleased that we have a procedure for conducting sub-procurement, which was developed in 2016, and this year it has already been amended, just taking into account the work we have been talking about with the city by council
At the level of the Vinnytsia region, unfortunately we have only the instructions of the head of the regional state administration "On the establishment of a threshold from which to carry through the Transparent system." But the procedure itself is not prescribed: from 5 thousand hryvnias it is necessary to go all the procurements through the system transparently, but exactly how they And heres a very large niche, from 5 thousand to 200 thousand when purchasing goods and services, can be a direct contract, even without placing an agreement in the system, that is, simply drop one piece of paper (I bought so much, then) - all .
And at the city level, all procedures from 5 to 10 thousand hryvnias should go through the auction. Auctions are always a competition. Therefore, in principle, the chances of getting into auctions, to win the purchase are quite large.
Although, we analyzed purchases, the housing department of the Vinnytsia City Council, the participants are almost the same staffed. And this is not even the problem of the city council, even the problem is not those who take part. Here is the problem that the business is afraid to go, because everything is seized there, and stereotyped thinking is working. Although partly justified. Getting it is very difficult. Difficult to write out the documentation on the purchase. Those who constantly do, they know all the nuances. They know how to do it right. Those who just want to enter this business in this space, they need to learn somewhere. But there is no where to learn. That is why it is necessary to prepare. I need some kind of program, I think it would be nice to work with the city council some kind of curriculum. And attract more business to use budget funds.
We had a very good and positive experience when - Kalinovsky district state administration conducted a tender for the purchase of windows in residential buildings damaged by explosions. The total amount of tenders, 3 purchases that we have described, were 13.6 million hryvnia. And all our efforts here on the local level, to get to know that it is very expensive, the cost of one window was laid 2 thousand 260 hryvnia per square meter. It was very expensive in our opinion. With the fact that this is a cost without installation. According to the documentation, this was the cost per square meter of the window. We analyzed the prices on the market. And they wrote everywhere where possible, in the end the cost of the window was reduced to 1,000 460 hryvnia per square meter. Therefore, we believe that this was a great victory for us. These results really inspire something to do. But this was not the work of one or two experts, or one organization. It was an information company, it was the support of partner civic organizations, it was the support of activists who were not indifferent to what would happen there in Kalinovka.
When such a socially important topic went away, even in purchases, people became interested. And such examples are very important to promote, good practices. Where people see a real outcome, and where people realize that we can really influence something. How to do it? And this can be done when we are united. Because, as far as we have not written, the level of perception is the same as in society, the level of perception of corruption, it dulls. The same is true of customers. The level of perception of our letters is dull. When we write only we - this one, and as if we were not professional in writing. When activists, other non-governmental organizations, media partners are involved, this is a completely different result. Therefore, if we want to talk about good results, about real shifts. Then we need to unite expand and then the results will be good.
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