Eugen Cojoac?, President of ANAP: "We need to unlock the full potential of public procurement to ensure that the amounts spent annually from the state

1.   Mr. President Cojoac?, at the beginning of this year, when you came to lead the ANAP, you stated that you want to transform the National Agency for Public Procurement (ANAP) into a modern and transparent institution. What have you achieved so far from what you set out to do?

In the five months since taking over the mandate of ANAP president, we managed to simplify the public procurement procedures, by adopting Ordinance no. 23/2020. We have made substantial changes in the way ex-ante control is carried out, and the most important, from my point of view, is that we initiated the first steps in what we call the digitization of the public procurement process. From now on, ANAP staff with ex-ante verification responsibilities, who previously did not have access to SEAP, will be able to issue compliant notices through the SEAP platform, using only the electronic signature, so that there will be no more interruptions caused by human interaction between ANAP employees and the members of the evaluation commission.

Another concrete example I can give you is the shortening of verification deadlines for tender documentations submitted to SEAP. These were reduced to 10 working days, previously the average verification time reaching up to 70 working days.

2.    You have been one step ahead of many public institutions, declaring since the beginning of your mandate that you want to digitize ANAP. What are the next steps in the transformation process of the Public Procurement Agency?

Indeed, I set out that under my mandate, ANAP would become an institution digitized and firmly anchored by the European institutions. Among the changes planned in the near future is the creation of interfaces for the National Council for Solving Complaints (CNSC) panels and the Courts of Appeal, in other words we are preparing a digitization of the flow of complaints.

We also plan to create a database in the Electronic System for Public Procurement (SEAP), with experts involved in conducting public procurement contracts for each sector of activity.

Another measure considered is the elimination of double financing, by creating investment maps for each sector of activity.

Recently, we had a discussion with World Bank representatives and agreed to work together to develop a set of digital tools to support all market players. More precisely, we plan to carry out an evaluation study of the public procurement system in Romania and we want a consolidation of the normative and institutional framework for the development of the career, skills and knowledge of the staff involved in the field of public procurement.

3.  How did the Agency's activity go during the state of emergency / alert?

The National Agency for Public Procurement has consistently provided support to public authorities conducting procurement procedures for medicines, medical supplies or medical equipment. Moreover, at the beginning of the state of emergency we launched an ANAP call center where information can be requested on the status of methodological advice requests sent to our institution, as well as information on the status of documentation and / or award procedures subject to ex-ante control exercised by ANAP. Indeed, it was a rather complicated period from this point of view, but, with the help of colleagues, we managed to operate in optimal parameters, even during the state of emergency. I take this opportunity to thank my colleagues from ANAP who during these months did everything possible to carry out the assigned tasks.

4.  Recently, numerous press articles have appeared in which irregularities are reported regarding the purchases made by various authorities, especially by the town halls. Were you able to identify these irregularities and sanction the authorities?

Regarding the identification of possible irregularities in the conduct of public procurement, I would like to specify that starting with 2018, ANAP no longer verifies ex-post (after signing) the way of awarding public procurement contracts, this attribution being currently exercised by the Romanian Court of Accounts.

In other words, ANAP cannot rule on the irregularities reported in the public space and implicitly cannot apply any sanctions to the authorities, because it no longer has attributions in this respect.

At the same time, I would like to emphasize that all public authorities carrying out public procurement procedures must take into account the principle of accountability provided for in the relevant national legislation. It stipulates that the method of awarding the public procurement contract, including in the case of direct award contracts, is the sole responsibility of the contracting authority, all the more so as it has all the information relating to the factual and legal situation which determines the need for the procurement of some products, services or works.

5.  The public's perception is that large investments in Romania, especially those on infrastructure, are postponed indefinitely due to the endless series of complaints. Are there solutions in this regard?

As you know, investment plays a key role in a country's development, which is why we need to unlock the full potential of public procurement to ensure that the amounts spent annually from the state budget or European funds for services, products and public works stimulates our economy.

The National Agency for Public Procurement is looking for solutions to simplify the legislative framework, reducing the number of complaints being a desirable goal for us.

We have already taken the first steps in this direction. I will have a working meeting with the representatives of the National Company for Road Infrastructure Administration (CNAIR) and those of the Federation of Construction Employers to establish solutions to change the legislative framework, so that we have greater transparency and speed in conducting public procurement procedures.

6.  ANAP, after returning to normal. What measures will you take in the next period to improve the public procurement system in Romania?

I would emphasize that in addition to digitizing the public procurement process we discussed, ANAP is considering the development of a high-performance monitoring system to which the authorities with control attributions in the public procurement system and the European Commission have access.

7.  One last question: how important are public procurement to a country's economy?

According to our calculations, in recent years public procurement has accounted for about 7.75% of the country's GDP and is an essential tool for implementing government policies, achieving national strategic objectives and also for achieving public investment programs. That is why we must ensure that the national public procurement policy guarantees the taxpayers that public funds are used efficiently, respecting the principles of transparency and competitiveness, so that the services provided by state institutions are provided at a high level of quality and continuity.

Summarizing in one sentence, I believe that the policy in the field of public procurement must be for Romania a tool for economic growth, development and ensuring sustainable investments, in order to improve the mechanisms for streamlining the public procurement system.