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Moldova

Increase Knowledge of Public Procurement Process (MD0062)

Overview

At-a-Glance

Action Plan: Moldova National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Finance (Public Procurement Agency), State Chancellery (E-Government Center)

Support Institution(s): MiLab – Social Innovations Laboratory

Policy Areas

Capacity Building, E-Government, Open Contracting and Procurement, Open Data, Private Sector

IRM Review

IRM Report: Moldova Mid-Term Report 2016-2018

Starred: No

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Title: Increased awareness and knowledge concerning public procurement process
1.5. Organizing communication, awareness and training sessions of the open data community on the availability and use of public procurement data
1.6. Facilitating access to public procurement procedures for small and medium-sized enterprises through training programs on online accessing bidding documents, registering offers, submitting requests to participate, communicating with other bidders
1.7. Organizing events and sessions with civil society and application developers to link public procurement data and other data sets such as company data to highlight different phenomena that were previously difficult to detect
Responsible institution: Ministry of Finance (Public Procurement Agency), State Chancellery (E-Government Center)
Supporting institution(s): MiLab – Social Innovations Laboratory
Start date: 4th quarter 2016 End date: 2nd quarter 2018

IRM Midterm Status Summary

1b. Increase knowledge of public procurement process

Commitment Text:

Title: Increased awareness and knowledge concerning public procurement process

1.5. Organizing communication, awareness and training sessions of the open data community on the availability and use of public procurement data

1.6. Facilitating access to public procurement procedures for small and medium-sized enterprises through training programs on online accessing bidding documents, registering offers, submitting requests to participate, communicating with other bidders

1.7. Organizing events and sessions with civil society and application developers to link public procurement data and other data sets such as company data to highlight different phenomena that were previously difficult to detect

Responsible institution: Ministry of Finance (Public Procurement Agency), State Chancellery (E-Government Center)

Supporting institution(s): MiLab – Social Innovations Laboratory

Start date: 4th quarter 2016 End date: 2nd quarter 2018

Editorial Note: For the purpose of the IRM report, commitment one was broken up into two separate commitments (see details in the General Overview of Commitments section). These three commitment activities focus on increasing awareness and knowledge of Mtender, the e-procurement system, which was developed as part of the public procurement system development strategy 2016-2020 and the Action Plan 2016–2018[Note110: The law, http://lex.justice.md/md/368482/%5D.

Context and Objectives

The main issue addressed by this commitment is the lack of transparency in the public procurement process, which can contribute to corruption and limit the access of certain social groups to the public procurement process or outcomes. The objectives of this commitment are to 1) raise awareness and hold trainings for the open data community on the use of public procurement data, 2) train small and medium enterprises on public procurement procedures, and 3) train civil society and applications (software) developers on how to correlate public procurement data to other datasets to identify errors, and other interlinked phenomena. These activities are relevant to the OGP value of access to information and technology and innovation.

The specificity of this commitment is medium since it describes clear activities, although commitment activity 1.5 does not identify the specific stakeholders (within the open data community) the events are targeted for. Although the commitment text does not explicitly state that these events will cover the new e-procurement system, Mtender, this is understood within the overall context of the action plan.

If fully implemented, this commitment could have a moderate potential impact by providing more information on public procurement procedures and by clarifying how Mtender functions, how it can be accessed, and what data and analysis it can generate. Civil society representatives[Note111: European Business Association, IDIS Viitorul NGO, Expert-Grup NGO, Ziarul de Garda Newspaper.] interviewed by the IRM researcher shared that there is a strong interest among local public authorities, the business sector, journalists and civil society representatives in learning more about the Mtender system and how to use the open data it provides.

Though Mtender is not specifically mentioned in the action plan, it is an important part of the public procurement reform, with a majority of the interviewed stakeholders having referred to it. It was their understanding that Mtender is part of the action plan, justifying the IRM researcher to provide their input on this.

Completion

At the end of the first year of implementation, the commitment is on schedule and substantially complete.

Under the wide scope of commitment activity 1.5, the Ministry of Finance (MoF) held several events in frequent collaboration with the Public Procurement Agency (PPA) and the European Bank for Reconstruction and Development (EBRD). In 2017, MoF hosted a training session for public institutions piloting the Mtender system[Note112: Ministry of Finance, Public Procurement Agency, Customs Office, Tax Authority, Financial Inspection, State Enterprise FinTehInform, and for the commercial platforms, ensuring the frontend service.]; an event launching Mtender, in which 130 stakeholders attended[Note113: This was confirmed by the EBRD Office Moldova, and the following NGOs, members of the Steering Committee of the MTender Project: AGER, IDIS Viitorul, ExpertGrup.]; and a series of 10 training sessions[Note114: These are components of the Technical Cooperation Project between EBRD and the Ministry of Finance; the events were financed by EBRD.] in various locations[Note115: Chisinau, Hancesti, Orhei, Ungheni, Tighina, Cahul, Comrat Balti, Soroca, and Edinet.] throughout the country. Additionally, other relevant training events were organized by EBRD at the request of MoF.[Note116: In 2017, EBRD organized three training sessions on Mtender for the Center for Centralized Public Procumbent in the Health Sector,http://capcs.md/slider/achizitii-publice-in-sectorul-de-sanatate-teorie-si-practica/%5D According to the government, a workshop on 'Open Contracting in Moldova' was held on 27 June 2017, where the latest version of the open contacting portal (opencontracting.date.gov.md) was presented to representatives from civil society and the public sector. The PPA, along with IDIS Viitorul, also organized two training seminars on November 3 and 5 2017. The first training was on the functioning of the public procurement system in Moldova and the second was on the process for public procurement in the country.

The MoF also hosted an Mtender workshop in January 2017 with public authorities, held an Mtender event in February for the private sector, and organized an Mtender workshop in collaboration with the Business Association of Moldova in August. The IRM researcher received a list of the events from the EBRD office in Moldova. However, the IRM researcher was unable to verify the completion of these events due to limited publicly available information.

According to the government self-assessment, the PPA organized a training seminar to present 'the platform of the low-value electronic public procurement system (IRM researcher note: this refers to the piloting of the MTender system, which allowed in 2017 the piloting for low-value contracts only) to 23 economic operators' (1.6).[Note117: Self-Assessment Report, https://www.opengovpartnership.org/sites/default/files/Moldova_Mid-Term-Self-Assessment_2016-2018_EN.pdf%5D It is unclear, however, who the economic operators were and whether or not the seminar included topics on accessing bid documents and communication with other bidders (as stated in the action plan). Also, according to the self-assessment, during this period the government organized six workshops on sustainable procurement and one conference. The IRM researcher was unable to verify these events and their participants due to the lack of publicly available information.

Concerning commitment activity 1.7, the MiLab Social Innovations Laboratory[Note118: This UNDP project 'aims to establish a multilateral platform to engage actors from different sectors (public, private, non-profit, etc.) to seek and experiment with innovative approaches to the society’s problems', http://md.one.un.org/content/unct/moldova/en/home/our-work/joint-un-projects/centrul-de-inovaii-sociale-din-moldova-.html
Ultimately, the Lab is working on developing solutions that have been tested on the ground and co-developed with the strong involvement of beneficiaries and are ready to be scaled-up in extended environments.], together with the E-Government Center, organized various events for civil society and software developers in the fall of 2017. [Note119: Moldova Social Innovation Lab, Facebook page, https://www.facebook.com/hashtag/opendatamediacamp?source=feed_text%5D,[Note120: UNDP Moldova, http://www.md.undp.org/content/moldova/en/home/presscenter/pressreleases/2017/07/17/pnud-inspir-jurnali-tii-i-activi-tii-civici-s-valorifice-datele-deschise-.html,

http://www.md.undp.org/content/moldova/ro/home/presscenter/pressreleases/2017/09/19/25-de-jurnali-ti-i-activi-ti-civici-fac-front-comun-pentru-date-deschise-i-mai-mult-transparen-.html%5D These events included several components: a five-day camp in September[Note121: Organized with the financial support of SlovakAid.], a three-month mentorship, and a study visit. The topics addressed during the camp ranged from anti-corruption in the public procurement system, financial frauds to integrity and power abuse.[Note122: Open Data Media Camp, http://milab.md/ro/milab_projects/open-data-media-camp/%5D Twenty-five specialists, activists, journalists, and open data users attended the five-day camp and six of the attendees received mentorship on open data use and took a study visit to Slovakia.[Note123: Zugo portal, study visit to Slovakia, https://zugo.md/article/castiga-o-bursa-de--1000-si-o-vizita-de-studiu-in-slovacia--participa-la-open-data-media-camp-2017_19697.htm%5D Two databases[Note124: Links to the two databases, http://openmd.info/fen/ and http://openmd.info/primari/%5D were developed and published: Projects financed from the National Ecological Fund during the period 2011–2016[Note125: National Ecological Fund, http://openmd.info/fen/%5D and Elected/Appointed mayors of the Republic of Moldova during the period 1995–2017.[Note126: Mayors of the Republic of Moldova, http://openmd.info/primari/%5D The National Ecological Fund database is related to the scope of this commitment activity, and the link provided in the self-assessment leads to a website where the database is presented, and available for download in excel format.[Note127: National Ecological Fund, http://openmd.info/fen/%5D The second database is not related to public procurement.

The implementation of the activity was delayed due to some external factors related to the cooperation with the partner, SlovakAid.[Note128: MiLab team (I. Frunza, M.Gurghis, D.Belan), group interview, 19 December 2018]

There were also many activities implemented by various stakeholders supporting the implementation of this commitment, including the Organization of Small and Medium Enterprises (ODIMM),[Note129: The Organization for the Development of Small and Medium Enterprises (ODIMM), a public organization, organized training sessions with SMEs, informing them about Mtender.] the Moldovan Commerce and Industry Chamber,[Note130: The Moldovan Commerce and Industry Chamber organized events and training sessions on public procurement, which were open to all interested businesses. They also provide on-demand sessions to businesses. This information has been confirmed by the Commerce and Industry Chamber.] and business associations.[Note131: According to the European Business Association (EBA), several business associations organized joint training sessions on Mtender in 2017 for their members. The IRM researcher has conducted an interview with the representatives of Varolnform, one of the businesses managing one of MTender’s commercial e-procurement platforms (the ypages/tender platform). VaroInform provides hands-on training to contracting agencies who volunteer to pilot the e-procurement system and use their platform and is available for consultations via phone and email, as well as on-site.] However, these stakeholders are not listed as responsible or supporting institutions, and the work they have implemented does not count towards overall completion (as assessed by this report).

Next Steps

For this action plan cycle the IRM researcher recommends that the commitment is completed in the remaining period of the action plan. For the next action plan, the IRM researcher recommends the following:

· Assess the training needs of public authorities, businesses, and civil society concerning the new system.

· Develop clearer training, information and dissemination plan, and consider both offline and online activities to save public resources.

· Expand coverage of training sessions, by potentially using the existing Novateca[Note132: The Novateca network, http://map.novateca.md/ro/%5D network. Ensure that rural populations, including small businesses from rural areas, have access to the information on the new system.


Moldova's Commitments

  1. Access to Information and Open Data

    MD0069, 2018, Capacity Building

  2. Budget Transparency and Public Procurement

    MD0070, 2018, E-Government

  3. Civil Society Collaboration

    MD0071, 2018, E-Government

  4. Diaspora Participation

    MD0072, 2018, E-Government

  5. Accountability Mechanism

    MD0073, 2018, Audits and Controls

  6. Public Service Delivery

    MD0074, 2018, Capacity Building

  7. Increase Public Procurement Transparency

    MD0061, 2016, E-Government

  8. Increase Knowledge of Public Procurement Process

    MD0062, 2016, Capacity Building

  9. Ensure Budgetary Transparency

    MD0063, 2016, E-Government

  10. Open Data in Education Sector

    MD0064, 2016, E-Government

  11. Publish Government-Held Open Data

    MD0065, 2016, E-Government

  12. Participative Policy-Making Process

    MD0066, 2016, E-Government

  13. Public Sector Evaluation

    MD0067, 2016, Public Participation

  14. Ensure Quality of Service Delivery

    MD0068, 2016, Capacity Building

  15. Improving the Government Open Data Portal

    MD0048, 2014, E-Government

  16. Setting up an Action Plan for Open Data

    MD0049, 2014, Legislation & Regulation

  17. Setting up Guidelines for Publishing Open Data.

    MD0050, 2014, Open Data

  18. Raising Awareness Among Civil Servants.

    MD0051, 2014, Legislation & Regulation

  19. Civil Servant Training

    MD0052, 2014, Capacity Building

  20. Government Email System

    MD0053, 2014, E-Government

  21. Auditing Public Websites

    MD0054, 2014, Audits and Controls

  22. Evaluating e-Petition Requirements.

    MD0055, 2014, E-Government

  23. Fostering Transparency at the Local Level.

    MD0056, 2014, E-Government

  24. Improving Communication at the Local Level.

    MD0057, 2014, E-Government

  25. Adopting New Public Consultations Principles.

    MD0058, 2014, Legislation & Regulation

  26. Training Civil Servants for Improved Communication

    MD0059, 2014, Capacity Building

  27. Improving Online Participation Platform

    MD0060, 2014, E-Government

  28. Strengthening the Enforcement of the Regulation on Transparency

    MD0001, 2012, E-Government

  29. Semestrial Progress Reports on Transparency in Decision Making

    MD0002, 2012, E-Government

  30. Update the Module "Decision Making Transparency" on the Websites of the Central Public Authorities

    MD0003, 2012, E-Government

  31. Publish Environmental Open Data on Central Public Authorities Websites

    MD0004, 2012, Environment and Climate

  32. Develop Methodological Guide

    MD0005, 2012, Environment and Climate

  33. Amendment Regulation

    MD0006, 2012, E-Government

  34. Mandatory Use of Government e-Mail Account Electronic (Gov.Md)

    MD0007, 2012, E-Government

  35. Annual Report on Public Sector Information

    MD0008, 2012, Legislation & Regulation

  36. Post Information on Draft Policies and Legislations on Www.Particip.Gov.Md

    MD0009, 2012, E-Government

  37. Development of an Online Petition Portal

    MD0010, 2012,

  38. Starred commitment Draft the Law on Public Sector Information Reuse

    MD0011, 2012, Right to Information

  39. Develop Institutional Regulations for Collecting, Archiving and Publication of Data in Digital Format in Line with National Standards

    MD0012, 2012,

  40. Developing the Public Procurement Application

    MD0013, 2012,

  41. Starred commitment Drafting the Government Decision on Implementation of Law on Public Sector Information Reuse

    MD0014, 2012,

  42. Opening Priority Data

    MD0015, 2012,

  43. Publishing the Open Government Data Catalogue

    MD0016, 2012,

  44. Expanding Government Data Portal (Www.Date.Gov.Md)

    MD0017, 2012, E-Government

  45. Mapping the Location of Public Institutions

    MD0018, 2012, E-Government

  46. Develop Applications to Launch of the Innovative Applications Development Contest

    MD0019, 2012,

  47. Implementation of Selected Apps

    MD0020, 2012,

  48. Develop National Standards for Collecting, Archiving and Publication of Data in Digital Format

    MD0021, 2012,

  49. Amend Law No. 1264- XV to Make Income and Property Declarations of Senior Officials, Judges, Prosecutors, and Civil Servants, Public

    MD0022, 2012,

  50. Develop an Online Automated Information System for Public Officials to File Income Statement

    MD0023, 2012,

  51. Develop Guidelines for Using Social Media in the Public Sector

    MD0024, 2012,

  52. Harmonize Public Relations and Communication Strategy with the Guidelines on Using Social Media

    MD0025, 2012, Capacity Building

  53. Government Presence in Social Media

    MD0026, 2012, Capacity Building

  54. Social Media in Government Training

    MD0027, 2012, Capacity Building

  55. Develop Regulation

    MD0028, 2012,

  56. Publish Documents

    MD0029, 2012, E-Government

  57. Publish Projects, Plans and Budget Proposals on Websites of Authorities

    MD0030, 2012,

  58. Starred commitment Publish Real-Time Information on State Budget Execution

    MD0031, 2012,

  59. Update Annual Database on Public Spending (BOOST) and Publish Data for 2011

    MD0032, 2012,

  60. Publish Online Realtime Income and Expenditures of Central Public Authorities

    MD0033, 2012,

  61. Opening up Data and Providing Quarterly Updates on External Assistance

    MD0034, 2012,

  62. Create an Internal Integrated Information System for Collecting Information on External Assistance

    MD0035, 2012,

  63. Develop and Launch an External Web Application to Monitor Flow of External Assistance

    MD0036, 2012,

  64. Transparent Information on Public Procurement

    MD0037, 2012,

  65. Starred commitment Develop and Launch the Electronic Information System

    MD0038, 2012,

  66. Establish a Procurement Agency Assistance Center

    MD0039, 2012,

  67. Train Public Offcials

    MD0040, 2012, Capacity Building

  68. Develop Indicators and Statistical Methodology for Transparency in e-Procurement Systems

    MD0041, 2012,

  69. Starred commitment Amend Electronic Procurement Law

    MD0042, 2012,

  70. Draft and Approve List of Public Services

    MD0043, 2012,

  71. Develop and Implement Quality Standards

    MD0044, 2012,

  72. Digitize Public Service Gradually

    MD0045, 2012,

  73. Starred commitment Human Resources Management System

    MD0046, 2012,

  74. Innovative IT Tools for Primary and Secondary Education System

    MD0047, 2012,