1. ITkT through Public Procurement, Business and Law Practical experiences of the Slovene Government Technical Assistance to the Legal Approximation Unit in the Sector for European Integration Tehnička pomoč na Oddelenieto za približuvave na zakonodastvoto pri Sektorot za evropska integracija Sašo Matas, lawyer at the Government Centre for Informatics of Republic of Slovenia

2. ITkT through Public Procurement, Business and Law Public Procurement and IT – basic principles Public Procurement and IT – basic principles Electronic government and procurement Electronic government and procurement Procurement in IT – measures and conditions Procurement in IT – measures and conditions Maintenance agreements – HW, SW, IS Maintenance agreements – HW, SW, IS Strategic agreements – open source dilemma Strategic agreements – open source dilemma

3. Public procurement Directive 2004/18 on public procurement Directive 2004/18 on public procurement Principles of equality and non-discrimination of tenders, transparent procedures Principles of equality and non-discrimination of tenders, transparent procedures Open, restricted and negotiating procedures Open, restricted and negotiating procedures Tendering, submission of tenders, opening, evaluation and award of the contract Tendering, submission of tenders, opening, evaluation and award of the contract New systems and procedures: electronic auctions New systems and procedures: electronic auctions

4. Public procurement and IT Diversity of purchases Diversity of purchases Problems of IT and procurement rules Problems of IT and procurement rules Shifting of copyright between producer and buyer Shifting of copyright between producer and buyer

5. Electronic public procurement Purpose: To build a central electronic purchasing system which will obey all procurement rules, minimize cost and maximize effectiveness and transparency. Purpose: To build a central electronic purchasing system which will obey all procurement rules, minimize cost and maximize effectiveness and transparency. Project started in the middle of 2003 Project started in the middle of 2003 Two phases of project Two phases of project Restricted procedure – 9 modules Restricted procedure – 9 modules

6. Why informatization? Better improvement of procurement principles Better improvement of procurement principles Rationalization of public spending Rationalization of public spending Simplified and no-paper proceduresSimplified and no-paper procedures Better buying managementBetter buying management Lower cost of productsLower cost of products Standardization of procedures Standardization of procedures Encouraging electronic commerce in business sector and society as such Encouraging electronic commerce in business sector and society as such Possible savings 4 mio EUR / year (1,5% of procurement value) 4 mio EUR / year (1,5% of procurement value) 13,5 mio EUR / year (5% of procurement value) 13,5 mio EUR / year (5% of procurement value) Possible savings 4 mio EUR / year (1,5% of procurement value) 4 mio EUR / year (1,5% of procurement value) 13,5 mio EUR / year (5% of procurement value) 13,5 mio EUR / year (5% of procurement value)

8. Electronic auctions Legalization through changed Public Procurement Act Legalization through changed Public Procurement Act Under threshold Under threshold Actually reverse electronic auctions Actually reverse electronic auctions In all procedures (open, restricted, negotiating) In all procedures (open, restricted, negotiating) Until the opening of procedure, no one can access and modify the system Until the opening of procedure, no one can access and modify the system Using advanced electronic signature Using advanced electronic signature and time stamping

11. Electronic auctions

12. Electronic tendering Tenders electronic daily – European portal http://ted.publications.eu.int/official/ Tenders electronic daily – European portal http://ted.publications.eu.int/official/ http://ted.publications.eu.int/official/ In Europe – only in electronic form since 1998 In Europe – only in electronic form since 1998 Hierarchical index, search forms, personification of portal of users Hierarchical index, search forms, personification of portal of users

17. Portal for Tender Publications Adoption of Public Information Act Adoption of Public Information Act Obligation to publish tenders and tender publications on the web Obligation to publish tenders and tender publications on the web Purpose: transparent, accessible, more non- discriminatory Purpose: transparent, accessible, more non- discriminatory Design contest Design contest Negotiations with best tenderer Negotiations with best tenderer

18. Portal for Tender Publications II Choosing the management of portal Choosing the management of portal Content is freely accessible, extra fee is charged for help, special features, search, both for buyers and tenderers Content is freely accessible, extra fee is charged for help, special features, search, both for buyers and tenderers Portal: Portal: - Link to juridical (companies) registry, CPV, NACE - Import and saving of publications, tenderers, changes and modifications of publications - Resending publications to TED