GEORGIA

Country Public Procurement Profile Survey (with E-Government Procurement Overview)
COUNTRY Georgia
Respondent Agency State Procurement Agency (SPA)
Date of First Submission Thursday, June 02, 2011
Date of Last Update Tuesday, August 30, 2011
Part A.  Country Public Procurement Profile (Only those answers selected by the respondent from a multiple choice menu would appear below.)
1 Does your country have a central Public Procurement Authority (PPA) with legal authority through legislative enactment, executive decree or administrative regulation to act as functional and normative body in public procurement?
a.      Yes
2 The PPA’s mandates involve the following responsibilities (please select as many as applicable, one per line):
a.       formulation of procurement policy and regulations
b.      procurement prior reviews/no-objection
c.       procurement oversight and post reviews
d.      procurement audit
e.       procurement complaint review
f.       monitoring and evaluation at country, sector and procuring entity level
g.       professional advise and guidance in public procurement
h.      procurement capacity development and training
Others (please specify):
3 The PPA reports to:
b.      Prime Minister’s Office
Others (please specify):
4 Number of people employed by the PPA: (Please provide an organizational chart of the PPA and email address for communication, if possible)
d. 15 and more
Email address for communication with PPA:  info@spa.ge
Note:  comprised of Chairman; Legal Department – Head and 3 lawyers; Administrative Department – Head and 4 employees; Department of Analyze, Statistics and Monitoring – Head and 14 employees; Financial Department – Head and 3 employees; IT Department – Head and 4 employee
5 Does PPA have a website?
a.      Yes
Link to PPA website:  www.procurement.gov.ge
6 The PPA website covers the following areas (please select as many as applicable, one per line):
a.       procurement related regulations and documents
b.      news, events and policy initiatives related to public procurement
c.       interaction with users through procurement forum, Q&A, customer survey & feedback, policy dialogue & experience sharing, etc
e.       posting of  procurement plan(s)
f.       specific opportunities and notices for bidders
g.       posting of contract award with name of the winning bidder and contract value
h.      posting of overview and resolutions to complaints
i.        centralized online system for procurement monitoring of procuring entities
j.        centralized online system for collecting procurement data and statistics
k.      linkage to an e-procurement system with actual procurement transactions
Other functions (please specify):  user-manual of E-procurement System (http://procurement.gov.ge/files/_data/geo/publication/e-tenders_guideline_v2.0.pdf) is available online
7 Do you have a public procurement law or any other regulatory act with legislative power? (Please provide a link or a scanned copy of its English version.) If yes, which of following are true (please select as many as applicable, one per line)?
a.       the scope of the law covers all procurement handled by public entities including foreign funded procurements but excluding goods and services for national security purpose only
d.      the law does not cover procurement conducted by public utilities
f.       the law allows framework contracts
g.       the law establishes a fully decentralized system for procurement decision making with no prior review (i.e. each procuring entity is fully responsible for its procurement)
k.      the law mandates standardization of procurement practices mandating use of common procedures and standard bidding documents and forms
l.        the law currently provides principles and general procedures  that makes provision for the  use/adoption of e-procurement
m.    the law describes principles for national registration and classification system for contractors as not a pre-condition to participate in biding process or to qualify for specific contracts.
o.      the law provides for an administrative review mechanism for complaint that allows bidder to challenge procuring entity’s decision before filing for judicial review to the court
Link to public procurement law, if any:  Georgia has PPL (http://procurement.gov.ge/index.php?sec_id=37&lang_id=ENG) and 5 sub-legal acts covering different procurement issues, such as reporting and planning of the public procurement, black list, disputes resolution board, e-procurement, contest, homogenous objects and their identity.
8 Do you have a strategic plan or reform agenda for developing the procurement system in your country? (Please provide a copy or link)
b.      Yes, this is a mid term procurement strategy with updated annual plan which is consistent with the government development objectives
Others (please specify):
9 What kind of initiatives and assistance in your view is needed to improve your public procurement system in the near future? [Please select your five most important initiatives among the choices, one per line.]
d.      Create a sustainable training system for procurement practitioners to ensure compliance, professionalism and career development
e.       Create a single window for procurement related information and statistics led by PPA and connect with e-procurement system
f.       Launch communication campaign to improve public awareness of country’s public procurement policy
g.       Analyze the structure and business practices of key procuring entities and support the improvement of their procurement functions
h.      Analyze the structure and business practices of PPA and support efforts to improve its capacity and performance
Others (please specify):  Development and maintenance of web-based modules for submission of procurement plans and reports; development of e-ordering, e-invoicing, e-catalogue systems
Additional notes, if any:
10 What is the size of the public procurement of your country? Please select the closest corresponding values based on most recent available information or your rough assessment?
I. Average annual procurement under national and local budget
f.    more than US$ 1 billion
g. Other (please indicate a more specific amount, if available):  USD 1.7 billion approx. in 2010; 1.8 billion in 2011
II. Average annual procurement by State Owned Enterprises (those who are subject to the procurement regulations)
g. Other (please indicate a more specific amount, if available):
III. Average annnual procurement under Official Development Assistance (Donor-funded projects)
g. Other (please indicate a more specific amount, if available):
Part B.  e-Government Procurement Planning (Only those answers selected by the respondent from a multiple choice menu would appear below.)
1 Has your government formed or implemented a concrete plan for development of e-Gp?  Please select only one answer.  (If yes, please email a copy of the plan to mkhaltarpurev@adb.org).
e.   No, there is no formal plan or agenda for e-Gp
2 Which of the following best describes the functionality of your planned e-Gp initiatives? (Please select as many as applicable, one per line.)
a.       a single website that consolidates and publishes all national information and policies related to public procurement
c.       e-publication system for real time procurement notices
d.      e-publication of procurement awards and results
e.        system for bidders to download bidding documents and RFPs in response to the published procurement notices
f.       e-bidding system for bidders to submit their bid or proposals online and observe the online public opening of the bid
g.       e-contracting system which allows award notification and contract signing through the system
i.        online reverse auctions or electronic negotiations
l.        electronic supplier registration system
3 Do you have plans to implement any new e-Gp system at the national level? (Please select as many as applicable, one per line.)
g.       e-contracting system which allows award notification and contract signing through the system
h.      e-payment system which allows invoicing and payment through the system
j.        online purchasing from e-catalogs or supplier marketplace
k.      electronic evaluation of bidders technical and financial proposals
m.    Government Procurement (credit) card transaction reporting and reconciliation system
4 Does the scope of your e-GP plans include the following? (Please select as many as applicable, one per line, and please provide a copy of the relevant documents if possible.)
a.    improving legal architecture to facilitate e-Gp system implementation
c.   Obtaining/searching funding support for e-Gp system enhancement
d.    creation of necessary IT infrastructure
h.   drafting amendments to the public procurement law and its implementing rules and   regulations to facilitate  e-Gp operations
i.   generating public awareness and conducting consultation with suppliers to promote development of e-Gp system
Part C.  e-Government Procurement System Implementation (Only those answers selected by the respondent from a multiple choice menu would appear below.)
1 General Information about the e-GP system presently in operation
a.  System Name:  Unified Electronic System of State Procurement
b.  Website Address:  www.tenders.procurement.gov.ge
c.  Administration/Operator of the System:  SPA
d.  Agency(s) using the System:  procuring entities, suppliers and any interested entity/person
e.  Year of launch:  The e-GP system was launched in the test regime in August, 2010. Using of e-GP became mandatory for all procuring entities from December 1, 2010.
2 Brief description of the system in terms of coverage and main functional modules
a.  e-publication/downloading:  All tender notices and tender documentation are available online for any interested person, free of charge.
b.  e-bidding:  any bidder, registered on e-GP system can submit its bid or proposal online  and observe the online public opening of the bids.
c.  e-contracting:  Signing of contracts are done outside the system, but all relevant documents, including award notification and the contracts itself are immediately uploaded to the system and available for any interested person (as for registered, also for not registered users)
d.  e-payment:  bid securities or guarantees, as well as bidding fee (GEL 50) are submitted electronically.
e.  e- reverse auction:  E-auctions are used for awarding all types of contracts irrespective of their nature, value or complexity.
f.  e-catalog purchasing:  N/A
g.  e-Guarantee/security:  as mentioned above, bid securities or guarantees are submitted electronically.
3 Other government IT systems that the e-Gp system links to (please select as many as applicable):
a.       National Treasury and Budget
d.      Banking
Others (please specify):  We plan to link e-GP system with Business Registry and Civil Registry.
4 How do the bidders input and submit their proposal/tender documents into your e-Tendering  System, if any (please select as many as applicable)?
a.       web form
b.      upload files
Other methods (please specify):
5 If bid evaluation is carried out online, briefly describe the process of online evaluation.
At present, the evaluation process is done outside the system. All decisions of the evaluation committee are uploaded to the System immediately following its signing by the members.
6 Is bid security/guarantee required on your e-procurement system? (Please explain briefly.)
Submission of bid security/guarantee is mandatory for any electronic tender. The amount is fixed at 1% of the estimated contract value. The current arrangement for this is either to obtain it from a bank and ask them to provide a hash code generated based on information in the individual guarantee for recording it in the e-GP system’s database together with the tender proposal, or by offering a bank card guarantee.
7 Does the e-Gp system require specific operating system, browser?
The e-GP system does not require specific soft. Any up-to-date browser or operating system can be used.
8 Describe the security method (e.g. digital authentication) used in the e-Gp system.
Users’ access rights to the system, according to the user’s “role”, are given via user ID and password. Of course, more sophisticated solutions for authentication and identification exist, but with the disadvantage of making the system more closed (e.g. to a specific certification service provider), and in the light of European experience (cf. EU Green Paper on e-procurement, SEC(2010)1214) the current simple approach, combined with a secure protocol, was considered by the SPA as the most appropriate.
9 Are electronic and paper documents legally equivalent in your country?
Yes, they are equivalent.
10 Briefly describe the management of the e-Gp system in terms of :
a.  the business model (managed in house, outsourced etc.):  Because of the lack in financing at that stage and absence on the necessary infrastructure elements (e.g. server room), the SPA outsourced the technical management of the e-GP system to National Agency of Public Registry (NAPR) based on Memorandum of Understanding between these agencies.
b.  users fee for suppliers or procuring agencies (if any):  registration at the System is free both for suppliers and procuring entities
c.  training (available programs, e-learning, manuals etc):  On 26 November, 2010 the SPA signed the Memorandum of Understanding with six training centers, under which the training-centers arranged and conducted the series of the training course: “How to Use the Unified Electronic System of State Procurement” for procuring entities, potential suppliers and every person interested in the System. The list of the training centers is available at the following link: http://procurement.gov.ge/index.php?lang_id=ENG&sec_id=10&info_id=181
d.  certification ( if required who issues, how):  N/A
e.  Call Center (Q&A for user requirements etc.):  hot-line is operating which is linked to the Legal department.
f.  Self teaching (modules for user requirements):  User manuals are available online on SPA web-site at the following address: http://procurement.gov.ge/index.php?lang_id=GEO&sec_id=8&info_id=303
g.  Service centers (physical service centers to meet user requirements):  N/A
h.  Any incentives offered to encourage adoption of this system by other procuring entities:  e-procurement simplifies procedures kind of monitoring, tendering; fasters information changing process; all data relevant to public procurement is accessible online for everyone, free of charge; e-procurement helps developing statistic figures and thus supervising procurement processes and their directions. Making any data visible, it helps reducing corruption.
11 Please provide the following statistics (if available):
a. number of procuring entities legally required to use the e-Gp system: Approx. 3000
b. number of procuring entities registered in the e-Gp system as of December 31 2010:  Approx. 1000
c. number of procuring entities that actually used the e-Gp system since its inception:  2528
d.value of the contracts awarded in 2010  (in USD):   Aprox. $ 1.7 Bln
e. value of the contracts (awarded) registered in the e-Gp in 2010 (in USD):  $3.592 Mln (During December 2010)
f. active business (contractors and suppliers) in the country as of December 31, 2010:  100 000 approx.
g. contractors/suppliers registered in the System as of December 31, 2010:  1084
12 How do you encourage procuring entities and suppliers to use the e-Gp system?
By the law. It is obligatory for every procuring entity.
13 Do you allow individual procuring entities to customize national e-Gp systems? If yes, in what way(e.g. use a different website design with their logo)
No, it is not allowed.
14 Are individual agencies free to use different systems to those approved at the central level? If yes, is there any central approval procedure for this?
No, they don’t.
15 What are the key success factors you observe in introducing or implementing e-Gp in your public procurement system framework (please list them if any)?
a. Clearly articulated political will of the Government of Georgia to introduce e-GP and consequent support to Sate Procurement Agency
b. Obligatory use of e-GP by all procuring entities from December 1, 2010
c. Easy to follow procedures and user friendly software, developed inhouse
16 What are the major problems you faced in introducing or implementing e-Gp system under your public procurement framework (please list them)?
a. Lack of financing and support from international donors’ community;
b. Problems caused by the very short period for the reform (less than one year): lack of trainings and lack of information both for procuring entities and suppliers
c. Relatively low level of internet penetration in rural areas
17 What approach to the e-Gp development is suitable for your country’s public procurement system and why? (Please briefly describe your answer.)  OPTIONAL
THANK YOU!