Post on 11-Dec-2015
Astana, 2014
Electronic government procurement, ensuring fairness and transparency of
trade: experience and prospects of Eurasian integration
Member of the Board – Minister in charge of Competition and Antitrust regulation
Nurlan Aldabergenov
2010 2011 2012 2013
47 135
63 10167 829
64 136+33,9%**
The volume of mutual trade of Republic of Belarus,
Republic of Kazakhstan and Russian Federation *
mln
. U
SD
+43,9%**
*the total volume of mutual export between the Member States of the Customs Union ** growth to 2010
Before the joining CU After the joining CU
+36%**
| 2
The volume of mutual trade of EU countries * (28)
2010 2011 2012 2013
2557
28222841 2839
*the total volume of mutual export between the Member States of the European Union ** growth to 2010
bil
l. e
uro
+10,4%**+11,1%** +11%**
| 3
Main directions of competition
policy
Competition advocacy
Antitrust regulation
Government (municipal) procurements
| 4
| 5
1,141.61,639.7
2,535.1
mln
. U
SD
After the establishment of the SESBefore the establishment of SES
2011 2012 2013
The volume of electronic public procurement in the Republic of Kazakhstan
* growth to 2011**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
+ 43,6 %
+ in 2,2 times
| 5
| 6
mln
. U
SD
Before the establishment of SES After the establishment of the SES**
79,617.7
104,031.495,709.2
2011 2012 2013
The volume of electronic public procurement in the Russian Federation
+ 30% + 20%
* growth to 2011**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
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2011 г. 2012 г. 2013 г.
11.1 67.0
863.8
+ in 6 times
+ in 77 times
mln
. U
SD
After the establishment of the SES**Before the establishment of SES
The volume of electronic public procurement in the Republic of Belarus
*growth to 2011**The Single Economic Space on the territory of Kazakhstan, Belarus, Russia
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*Estimated cost of procurement
Estimation for the 2015:
~ 60,0%
Percentage of e-procurement*
42%
58%
e-procurement
other procurement
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Advantages of e-procurement in the CU and SES
For economic entities:
- Access to procurement information, including regulatory and reference documents, simplify information search
- Procurement proceedings transparency
- Reducing the costs of preparing and filing
- Rapid results obtaining
For public procurement authorities:
- Savings growth
- Decrease in corruption risks
- Reducing the time of procurement proceedings
- Data bases creation possibility
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Agreement on government (municipal) procurement of December 9, 2010*:
Unified requirements to public
procurement for all Member States of
CU and SES, legislation harmonization
Duty to publish procurement
information publicly on information
portals
Provision of national treatment in
government procurement for CU and
SES member states* entered into force on January 1, 2012
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State and (or) municipal
procurement
Monitoring of national legislation
Harmonization of legislation
Supervisory functions: the
abolition of exemptions from
national treatment
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- Law of the Republic of Belarus of 13 July 2012 № 419 «On public procurement of goods, work, services» in full compliance with the Agreement (entered into force on 1 January 2013) - open access to the web portal, e-procurement practices adopted - national treatment introduced
- amendments to the Federal Law of 21 July 2005 № 94-FZ "On placement of orders for delivery of goods, works and services for state and municipal
needs ", ensuring compliance with the Agreement - improvement of the web portal and practice of electronic auctions
- national treatment with exceptions introduced
1 stage
• bringing the legislation into conformity with the Agreement• implementation of information systems (web portal, ETP, EDS)• introduction of a national regime for Belarus and Russia
1 stage (Belarus and Russia)
before 1 January 2012 .:
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2 stage
- amendments to the Law of the Republic
of Kazakhstan of 21.07.2007 № 303-3
«On public procurement»,ensuring compliance with the
agreement: - improving the web portal; - expansion of electronic
procurement (request for bids, open competition, electronic auctions)
• bringing the legislation into conformity with the Agreement• implementation of information systems (web portal, ETP, EDS)
2 stage(Kazakhstan)
before 1 July 2012 .:
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ensuring equal conditions for business entities of three countries
under the national treatment
development of mutual trade of the three countries
• introduction of national regime for Belarus, Kazakhstan and Russia
3 stage (Belarus, Kazakhstan, Russia)
before January 1, 2014:
3 stage | 14
Provision of information transparency
National web portals in the field of public procurement:
The Republic of Belarus - http://www.icetrade.by The Republic of Kazakhstan - http://www.goszakup.gov.kz
The Russian Federation - http://www.zakupki.gov.ru
Open access is ensured to: legislation in the field of public procurement procurement Notice documentation, including procurement contract drafts protocols drawn up in the procurement process information on the procurement contract register of unfair suppliersIn the future, following data is to be published:
Information on the result of the purchaseInformation on complaintsProcurement plans (at the discretion of the Member State)
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1 | 16
45%
26%
52%51%
The share of public procurement, on which information is posted at the web portals (data assessment of 2013)
Belarus Kazakhstan Russia CU and SES
from 2015 100 %
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Electronic trading platforms
http://www.goszakup.gov.kz
Web Portal of Kazakhstan/ETP
http://zakupki.butb.by
(ETF JSC «BYTB»)
http://www.rts-tender.ru
(ETF LLC «RTS-tender») http://www.zakazrf.ru
(ETF Tatarstan)
http://www.etp-micex.ru
(ETF LC «MICEX-IT»)
http://sberbank-ast.ru
(ETF LC «Sberbank-АСТ»))
http://etp.roseltorg.ru
(ETF JSC «SETF»)
http://www.icetrade.by
Web portal of Belarus/ETP
17
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Kazakhstan - one
Belarus - two
Russia - five
unimpeded access to digital signature
Cross-border use of electronic signatures
19
plans of actions approvedadjustment of national legislation and regulations of the electronic trading platformsmutual transfer by Member States of national cryptographic systems and software on
the electronic trading platforms
Correction of software and hardware systems of electronic trading platforms
between Belarus and Russia was implemented in late 2012
between Belarus, Kazakhstan and Russia on the stage of completion
Participation of economic entity in the electronic procurement of CU and SES withdigital signature on the national territory of its registration
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1
"Electronic form (format) procurement" - procurement procedures carried out by using Internet, web portal and (or) electronic trading platform (e-platform), as well as software and hardware
submission of applications for participation in the auction in the form of an
electronic document
Stages of e-procurement
publishing information about purchasing on the
web portal
conclusion of an agreement in the form of an electronic
document
price decrease resulting from by auction using the
software and hardware
Processing proposals using
software and hardware
- Partially implemented in Kazakhstan,- In general, planned in 2016
Purchase Process
- Partially implemented in 2012
- Complete implementation planned for 2015
implemented in 2012 implemented in 2012 - Partially implemented in Kazakhstan,- In general, planned in 2016
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Harmonize national legislation in the field of public procurement and ensure its practical application
Eurasian Economic Commission permanently monitors legislation and practice of public procurement
Work has been done to ensure national treatment in the field of public procurement, including the mutual recognition of the digital signature, the abolition of exemptions from national treatment
The main provisions of the Agreement on the state (municipal) procurement of 9 December 2010 with the best international practices transferred to the Treaty on the Eurasian Economic Union of 29 May 2014
Results 2012 - 2014 | 20
1
Russian supplier Number of lots of procurement procedures (e-procurement)
Subject of procurement
The total value of contracts
participants winners
2013 (according to official statistics, Belarus)
Russian suppliers 1039 (376) 630 (112) - 54,9 (22,2) Mln. USD
2013-2014(most active according to electronic trading platform of "BUCE" and "NCMPS", Belarus)
LLC «Industrial Union KIT» (Smolensk)
57 4 process equipment 0,8 Mln. USD
LLC«TEHNOMED»(St. Petersburg)
24 6 medical products 2,04 Mln. USD
JSC«Metrovagonmash»(Mytishchi, Moscow region)
2 2 wagonage 22,5Mln. USD
Russian suppliers in Belarus | 21
Belarusian suppliers in Russia
in electronic auctionsAssociation of electronic trading platforms, Russia
Supplier Cost of contracts,Mln. USD
Number of contracts
RUE «Belarusian aircraft repair plant» 5,5 22
LLC «Assomedika» 4,6 430
PE «Belgiprodor» 1,2 9
JSC «Minskmetroproekt» 0,9 3
NE RUE «KBTEM-OMO» 0,9 1
RUE «Belarusian Broadcasting Center» 0,4 5
MEI «Institute of Retraining and Development» Emergency Situations Ministry, RB
0,3 8
RNTUP«KRIPTOTEH» 0,2 4
Belarusian-Japanese joint venture «LOTIS TII» 0,1 4
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1
Kazakhstani supplier’s name
Number of lots of procurement procedures in
which
Subject of procurement
Total value of purchases(contracts)
participated won
2013-2014(according to the web portal of public procurement, Belarus)
Kazakhstani suppliers, including:
17 9 - 4,5 mln. USD
«KazMetizProm» LLC,Ust-Kamenogorsk
3 2 ceramic products
1,5 mln. USD
«Combine Of Bakeries N.a. Grigorovich'» LLC,Kostanay
2 2 wheat 1,3 mln. USD
ТОО «Kazzink» LLC,Ust-Kamenogorsk
1 1 zinc in ingots 1,0 mln. USD
Kazakhstan’s Suppliers’ Activity in Belarus | 23
1
Kazakhstani supplier’s name
Number of lots of procurement procedures
in which
Subject of procurement
Total value of purchases(contracts)
participated won
2013-2014(according to the web portal of public procurement, Belarus)
Kazakhstani suppliers, including:
- 25 - 2,6 mln. USD
«Nefteproduct-Sever» LLC, Petropavlovsk
- 1 heating oil 2,4
mln. USD
«Cheese mediya» LLC,Kyzylorda
- 2 printed editions
0,02 mln. USD
Kazakhstan’s Suppliers’ Activity in Belarus | 24
25
National treatment in CU and SES
exemptions from national treatment:• can be set unilaterally for a period not exceeding 2
years• may be canceled by EEC within one year
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introduced on 1 January 2014
Example 1. Abolition of EEC’s exemptions from national
treatment
The elimination of this exemption provided to suppliers of products of JSC "Kamvol" (Belarus) an access to the placement of orders for worsted fabrics for sewing uniforms for the Russia’s federal executive bodies.
in the manufacture of uniforms use worsted fabric of Russian originGovernment Decree of the Russian Federation dated March 30, 2012 № 269
Belarus proposed to eliminate this exemption
EEC QUASHED THIS EXEMPTIONS FROM THE NATIONAL REGIME the Decision EEC Collegium dated September 18, 2012 № 160
Russia has eliminated this exemption for BelarusGovernment Resolution of the Russian Federation
December 24, 2012 № 1389
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Example 2. Abolition of EEC’s exemptions from national treatment
Eliminating of this exemption will provide access of wide range of Belarusian and Kazakh goods (works, services), along with Russia, to the placement of state orders for defense and security of Russia (in terms of procurement, the details of which do not constitute state secrets (secrets)
The prohibition of the purchase of foreign goods (works, services)for defense and security of Russia
Government Resolution of the Russian Federation of December 24, 2013 № 1224
Belarus has offered to hold consultations in EEC(in particular, of "Kursk TD" Belshina "- tires)
The letter from the Ministry of Trade of Belarus 16.07.2014 № 14-05 / 524
RUSSIA acknowledged the fact of exemptions from the national
regime for Belarusian and Kazakh goods (works, services) notified of the intention to remove them until the end of 2014
The Protocols of consultation in EEC from 27.08.2014 № 1-kon and 03.10.2014 № 23-16 / prThe letter from the Economic Development of Russia from 30.10.2014 № 26777-EE / D28i in connection with the
request of Government
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Example 3. Elimination of violations when establishing exemptions from national regime
Result - elimination of violations
JSC "BTK groups" (St. Petersburg) - the only provider of clothing equipment for the Armed Forces of Russia for an indefinite period
The regulation of the Government of the Russian Federation from September 5, 2012 № 1612-rFor reference: The Agreement on the public (municipal) procurement - not more than 2 years
Member of the Board N.SH. Aldabergenov - the letter to the Russian Government about adopting measures on elimination of infringements of international obligations
Russia restricts the validity of the order until 09/05/2014the regulation from May 13, 2013 №762-r
extension of a 2-year exemption (JSC "BTK groups" - the only supplier)
use of tissue from LLC "Bryansk Worsted»The regulation of the Government of the Russian Federation from June 11, 2014 № 1035-r
Member of the Board N.SH. Aldabergenov - the letter to the Russian Government about adopting measures on elimination of infringements of international obligations
In case of violations the Government of the Russian Federation entrusts authorized state agencies to take measures to eliminate themLetter from the Government Office of Russia from October 29, 2014 № P-4-52371
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International cooperation in the field of procurement| 29
Negotiation and drafting of agreements on free trade areas (in terms of public procurement) Vietnam, New Zealand, Egypt, India, Israel
Memorandums and agreements:
Memorandum of Cooperation with the ICAP
Agreement on cooperation with the Austrian
Federal Competition Authority
Participation in conferences and seminars:
CEFACT, UNCITRAL, WTO Committee on Public Procurement, the Executive Committee of the CIS, OECD, UNCTAD, the International Competition Network, the International Bar Association, the US, EU, Japan, Korea, Morocco, Brazil and others.
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Expanding public procurement market within CU and SES accession of the Republic of Armenia (1 January 2015) accession of the Kyrgyz Republic (after the implementation of the "roadmap")
Maximum use of IT- technologies
Continued work on removing possible barriers and other restrictions on access to public procurement markets mutual CU and SES
Prospects of development
Harmonizing statistical monitoring (reporting)