REPORT
on the conduct of procurements within
S.N.T.G.N. TRANSGAZ S.A.
The National Gas Transmission Company TRANSGAZ S.A. Mediaș, is a contracting entity within the meaning of Article 4 paragraph 1 letter b) of Law no. 99 of 19.05.2016 on sectoral procurement, public works concession contracts and service concession contracts, as amended, and of Government Decision no. 394/2016 approving the Methodological Norms for the application of the provisions relating to the award of the sectoral contract/framework agreement of Law no. 99/2016 on sectoral procurement, as amended.
Considering the provisions of Directive 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC requiring tenders to be submitted by electronic means no later than 18.10.2018 (Art.106 ), the Director General of Transgaz issued Decision No 37038/30 July 2015, whereby, as of 1 September 2015, all procurement procedures were conducted entirely online, which means that tenders were submitted electronically and the entire evaluation process was conducted via the Electronic System for Public Procurement (SEAP).
If, until that date, tenders were submitted physically, in envelopes, at the company's premises and only the prices were entered into SEAP within the electronic tender, after 1 September 2015, tenders were submitted electronically to SEAP, the value of the financial proposal being encrypted.
S.N.T.G.N. TRANSGAZ S.A., in its capacity as contracting entity, in application of the provisions of Law no. 99/2016 on sectoral procurement, publishes in SEAP (Electronic System for Public Procurement), at http://sicap-prod.e-licitatie.ro/pub, the tender notices / simplified tender notices, having attached all the tender documentation for the preparation and submission of tenders. The SEAP thus provides any interested economic operator with direct, unrestricted and full access, by electronic means, to the contents of the awarding documentation. The awarding procedures for sectoral contracts are conducted entirely online, with the submission of tenders and requests for clarification in SEAP. This ensures full transparency of the whole procurement process
The conduct of the awarding procedures fully online via SEAP, ensures:
- the transparency of the system and efficiency of the procurement process;
- ensures a highly secure and reliable framework for the conduct of budgetary resource management activities;
- the fairness of the procedures, the prices offered by the participating economic operators are encrypted and are not accessible to the tender evaluation committee until the evaluation of the technical proposals has been completed;
- the speed of conduct of the procedures;
- simplification of the tendering procedure for economic operators;
- management of all activities related to the procurement process, including automatic generation of the public procurement file at the end of the procedure; saving resources (human, material) and time for carrying out a procedure; fulfilment of the legal obligation to carry out sectoral procurement by electronic means;
- improving efficiency and significantly increasing transparency.
The new, fully online manner of conducting sectoral procurement is a driving factor for e-business integration because:
- it allows the harmonisation of national and international procurement systems;
- it allows to ensure the confidentiality of information and legislative consistency with the legal regime for electronic signatures;
- it is an element of the applications included in the suite of applications needed to implement the concept of 'e-government' as an alternative to the traditional government process;
- it drives the use of the Internet in administration and in the dialogue between administration, the private sector and citizens;
- it facilitates the transition to paperless and bureaucracy-free administration.
APPLICABLE LAW
Currently, the procurement activity within Transgaz is carried out by the Sectoral Procurement and Contracting Division, acting as a specialized internal department, in compliance with the legislation on sectoral procurement.
The legislation applicable to sectoral procurement, complied with by the Sectoral Procurement and Contracting Division of S.N.T.G.N. Transgaz S.A., is as follows:
- Law 99/2016 on sectoral procurement, as amended;
- GR 394/2016 on approving the Norms for the application of the provisions on the award of public procurement contracts/ framework agreement set forth under Law 99/2016 on sectoral procurement, as amended;
- Law 101/2016 on remedies and appeals concerning the award of public procurement contracts, sectoral contracts and of works concession contracts and service concession contracts, and for the organization and functioning of the National Council for Solving Complaints, as amended;
- ANAP Instruction 1/04.01.2017 issued pursuant to the provisions of Art.192 (g) and of Art.209 (8) of Law 99/2016;
- ANAP Instruction 2/2017 issued pursuant to the provisions of Art.191 (i), Art.192 (a) and (b) of Law 99/2016;
- ANAP Instruction 3/2017 on the amendments to the public procurement contract/sectoral procurement contract/framework agreement and the classification of these amendments as substantial or non-substantial;
- ANAP Instruction 2/2018 on adjusting the price of the public/sectoral procurement contract;
- ANAP Order 141/14.06.2017 on the approving of the selection methodology and the interaction of contracting entities with ANAP in relation to the intention to amend the contracts under Article 238 of Law 99/2016;
- GEO 98/14 December 2017 on the ex-ante control function of the award process of public procurement contracts/framework agreements, sectoral contracts/framework agreements and works concession and service concession contracts, as amended;
- Government Emergency Ordinance 107/2017 amending and supplementing some regulatory acts with impact in the field of public procurement;
- Government Emergency Ordinance 45/2018 amending and supplementing some regulatory acts with impact in the field of public procurement;
- Government Emergency Ordinance 114/28 December 2018 on the establishment of certain measures in the field of public investment and certain fiscal-budgetary measures, the amendment and supplementation of certain regulatory acts and the extension of certain deadlines;
- ANAP Instruction 1/11.04.2019 on the amendment of Instruction 2/2018 of the President of the National Agency for Public Procurement on the adjustment of the price of the public/sectoral procurement contract.
For further details on the legislation applicable to sectoral procurement please refer to http://anap.gov.ro/web/ Legislation .
The sectoral procurement activity carried out by the specialised internal department is proceduralised, with standardised models specific to the types of sectoral procurement procedure carried out within the division, in full compliance with the relevant legislation.
In the case of direct procurement, S.N.T.G.N. TRANSGAZ S.A. uses the electronic catalogue made available by SEAP, and publishes advertisements in SEAP, in accordance with the provisions of Article 49 of GR 394/2016 on the approval of the Methodological Rules for the application of the provisions on the award of the sectoral contract / framework agreement of Law 99/2016 on sectoral procurement, as amended.