SIMILAR ARTICLES

70% of economic growth in first three quarters of 2018, obtained by stocks increase. Foreign exchanges pulled down GDP by 1.6 percentage points

INS recalculated GDP in the third quarter and the first three quarters of the year. Here are the growth data for the Romanian economy, updated… Mai mult

Romanian Leu of 2019: Depreciation rate depends on budget credibility and seriousness

The estimates by economists of most important banks in Romania on the depreciation of the local currency for this year range between 4.73 and 4.77… Mai mult

Romania and energy: Position in European context

Final energy consumption of Romanian industry declined by about 75% between 1990 and 2016, compared to only 25% at the EU level, according to data… Mai mult

Crash signal in foreign trade – export coverage ratio has fallen to 2011 level. And we do not import robots

The trade deficit on November 2018 was EUR 1.567 billion, the second worst monthly performance registered last year. Worryingly, the growth rate of exports compared… Mai mult

Intense M&A activity in 2018 in Romania – Deloitte analysis

The Romanian mergers and acquisitions market reached nearly EUR 2 billion in 2018, according to a Deloitte Romania analysis based on public sources and transactions… Mai mult

Cronicile

“Captivity effect”: Competition Council’s recommendations for institutions not to become dependent on providers who win tenders in IT and health sectors

de Victor Bratu , 23.5.2018

Authorities are often dependent on a single vendor or distributor, mainly in the acquisition of software developed on demand and medical devices, is the conclusion of a study by the Competition Council on the captivity effect in public procurement.

Captivity is a market phenomenon generated by technical and legal restrictions.

The study highlights the main problems faced by contracting authorities regarding the captivity effect and proposes solutions to reduce the risk for contracting authorities to become dependent on a supplier beyond the timeframe specified in the initial awarded contract.

In IT field

The captivity of contracting authorities has been identified particularly in the case of public procurement for the development of customized software products.

Cause – contracting authorities’ omission to include the ownership of the applications in the contract, namely the source code.

The Competition Council recommends in this field that in the tender specifications to be specified the requirements on licensing and other legal aspects such as:

  • unlimited licensing of applications acquired based on licenses
  • the transfer of intellectual property of all deliverables resulted from the implementation process to the respective institution.

The Council recommends that provisions on project deliverables and knowledge transfer to be established when drafting the specifications for the software acquisition.

Provisions that should ensure the continuity of the solution and allow the contracting authority to make changes:

  • transfer of the source code (for customized solutions) with the possibility of making changes independently of the supplier
  • transfer of all deliverables produced within the project in an editable form
  • data ownership and/or the possibility to automatically extract them without the need for the provider to intervene (data export)
  • including a plan for transferring the technical knowledge at the end of the contractual relationship with a supplier

*

  • Public procurement by the types of IT goods and products
  • IT maintenance services
  • Licenses acquisition
  • IT services (processing, archiving and databases)
  • Consulting services for IT project management
  • Hardware
  • Software development

*

In addition to the functional software solution, the beneficiary will ensure that other related deliverables such as the project technical documentation, the source code, technical documentation, administration and operating documentation, test plans, etc. are also provided”, recommends the Council.

If the product brands are used in drafting the awarding documentation, there will be a restriction in the competition to the suppliers offering that mark or a monopoly situation will be created which will have an impact on the acquisition prices.

Brand use is permitted only as an exceptional situation when a sufficient description is not possible by other means provided by law.

The main suppliers of IT products/services that between 2011 – 2016 recorded the highest revenues from contracts signed with public authorities, found the Competition Council:

In the field of medical equipment and devices

Captivity is most often manifested by the fact that a contracting authority finds itself forced to purchase spare parts and consumables for an equipment only from the provider of that equipment, as all the others are incompatible.

In this case, drafting technical specifications is very difficult, both for public procurement specialists and doctors/nurses.

The specifications must contain technical details specific to the area of use of the equipment to allow/make possible the access of several companies to the procedure, says the Competition Council.

The Council recommends for medical units to carefully analyse the technical characteristics of the product they hold, the performance of the good to be purchased, post-warranty maintenance costs, and the cost of spare parts when drafting the specifications.

Mergeți în homepage ›

Publicat la data de 23.5.2018

Lăsați un comentariu


NEWS

Mugur Isarescu: "Ordinance weird thing" reduces monetary policy efficiency, which will not help Government

The National Bank of Romania (BNR) will convoke the National Committee for Macro-prudential Supervision, where the Ministry of Finance will be required to clarify the… Mai mult

World Bank lowered prospects on Romania's economic growth for 2019 and 2020

  Romania's economy will record an advance of 3.5% in 2019 and 3.1% in 2020, down one percentage point from June 2018 forecast, according to… Mai mult

State is borrowing at increasingly higher costs - government bond yield reached 5.33% per year

The benchmark government bond yield jumped above the 5% threshold on Thursday. The Ministry of Public Finance (MFP) attracted RON 300 million from banks on… Mai mult

Iasi - Tg.Mures highway disappeared from Large Infrastructure Operational Programme 2021-2027

The Ministry of European Funds has taken out Iasi-Tg. Mures highway project from the Large Infrastructure Operational Programme 2021-2027 and the Ministry of Transport already… Mai mult

Senate postpones discussions on DNA’s request on waiving immunity of Calin Popescu Tariceanu until February 2019

The Senate has decided that it will put to the vote the decision to waive Calin Popescu Tariceanu's immunity only in the spring session, that… Mai mult

Implementation of 5G technology, a multiplication effect in economy of EUR 4.7 billion - announces Sorin Grindeanu (ANCOM)

The National Authority for Management and Regulation in Communications (ANCOM) launched on Wednesday the National Strategy for the Implementation of 5G Technologies in Romania for… Mai mult

FIC: Amendments on Criminal Codes expose business environment to abuses from civil servants

Some of the amendments to the criminal codes will generate mistrust regarding Romanian state's ability to ensure the legality, stability and predictability of business relationships… Mai mult

European Semester / European Commission asks Romania to correct its medium-term structural deficit by 1% of GDP

Minister Eugen Teodorovici is pressured by the EU to reduce the budget deficit After finding that the Government has done nothing to adjust the deviation… Mai mult

Sovereign Fund gets legal base. Details announced by Minister Teodorovici

The Government adopted on Thursday the ordinance that provides for the general framework for the establishment of a Sovereign Fund. Later, after new talks with… Mai mult

Ford is looking for 1,700 employees to produce EcoSport SUV model

The representatives of Ford Craiova met on Wednesday with mayors of 30 localities from Dolj county in order to stimulate the attraction of 1,700 new… Mai mult

Development strategy / Government squeezes even investment money from its own companies: EUR 120 million from only two entities in energy field

Nuclearelectrica (SNN) and Romgaz (SNG) have calculated the additional dividends to be paid to the state after the Ministry of Finance (MFP) sent to the… Mai mult

DNA, officially: Senate President is suspected of having received a USD 800,000 bribe. Case file opened at a request from Austrian judicial authorities

The case file in which the DNA requested the waiving of the Senate President’s immunity was opened at the request of Austrian judicial authorities and… Mai mult

Illegal state aid / European Commission demands Romania to recover EUR 60 million from CE Hunedoara

Romania has to recover illegal state aid worth EUR 60 million granted to Compexul Energetic Hunedoara, announced the European Commission with a statement released on… Mai mult

Ministry of Finance planned loans of RON 4.74 billion in November. Costs are increasing

The Ministry of Public Finance (MFP) intends to borrow in November RON 4.74 billion, 1.4% more than in the previous month, according to the Ministry.… Mai mult