Post on 10-Jun-2015
GOVERNMENT OF MONTENEGRO
Public Procurement Administration
Public procurement legislative experiences and needs&plans for development of the legislative
framework in short and medium term
Presenter: Sandra Škatarić, Head of Department for professional development, training and international cooperation in
public procurement field
M O N T E N E G R O
PPL (“OG of MNE”, no. 42/11) overview
Law on Public Procurement (“Official Gazette of Montenegro”, no 42/11)
Rulebook on the methodology of expressing sub-criteria in the corresponding number of points, method of evaluation and comparison of bids
Rulebook on Manner of Keeping and Content of Records on Violation of Anti-Corruption Rules
Rulebook on the records of public procurement procedures
Regulation on the Forms in Public Procurement Procedure
Other implementing Acts:
http://www.ujn.gov.me
Characteristics of the PPL (“OG of MNE”, no. 42/11)
– New Public Procurement Act since 2011;
– Consolidated regulation of the procedures for the award of contracts by authorities in the public sector and utilities entities in the water, energy, transport,mining, telecomunications and postal sectors;
– Sublimated provisions on the procurement of goods, works amd services;
– Provisions regulate all aspects of the procurement process, from definition of subject matter to contract award;
– Emphasis on transparent and efficient use of budget &other funds;
– Regulation establishes an effective and rapid remedies system;
– Simulation on free market competition.
3 Thresholds / 9 Procurement procedures
Value Scale I Value Scale II
Value Scale III
Contract value ≤ 5.000 € (Services / Supplies / Works)
Contract value 5.000 – 25.000 € (Services / Supplies) 5.000 – 50.000 € (Works)
Contract value ≥ 25.000 € (Services / Supplies) ≥ 50.000 € (Works)
9) Direct assignment
8 ) Shopping Method
1) open procedure; 2) restricted procedure; 3) negotiated procedure with prior publication of a contract notice; 4) negotiated procedure without prior publication of a contract notice 5) framework agreement; 6) consulting services; 7) contest;
Principles and Time limits
• Cost effective and efficient use of public funds;
• Ensuring competition among the bidders;
• Transparency;
• Equality of bidders.
Time limits:
• Open procedure 37-22 days;
• Restricted procedure (I stage 37 days, II stage 22);
• Negotiated procedure 22 days.
Process of the public procurement procedure
1. Initiation of procedure Conditions: Decision on initiating the procedure -Allocated funds Appointment of commission for the opening and evaluation of
bids -Plan 2. Invitation for public tender - Estimated value of public procurement - Conditions - Criteria for selection of the most favourable bid 3. Public opening of bids -Minutes 4. Review, assessment and evaluation of bids -Rejecting invalid bids -Minutes -Report on public procurement procedure 5. Decision on selection of the most favorable bid Decision on cancellation of public procurement procedure 6. Public Procurement Contract
Exemptions from the law (Art. 3 PPL)
1. International rules;
2. Confidential procurement;
3. Defense of Montenegro;
4. Services of public interest;
5. State of emergency;
6. Broadcasting program material;
7. Arbitration;
8. Financial services;
9. Labour relations and employment;
10. Election material;
11. Concession and privatization of the economy, sale and renting ;
Public procurement records and reporting
Records of contracting authorities:
-conducted procedures -concluded contracts
Reporting:
Contracting authorities shall submit to Public Procurement Administration not later than 29th Feb reports on:
-conducted procedures
-public procurement contracts concluded in the previous year
Public Procurement Administration
Annual report:
-submits to the Government (31/05)
-publishes on the Public Procurement Portal
MORE: www.ujn.gov.me
Assesment of alignment
• Partially harmonised;
• New law brought progress;
• PPL needs to be further harmonised with respect to special regime for Utilities sector;
• EU funded Project : “Enhancing the public procurement system in Montenegro”.
Further harmonization
• Introduction of more flexible procedures: (shorter deadlines, qualifications systems, less rigid negotiated procedure);
• Development of centralized purchasing techniques;
• Utilization of electronic procurement tools: Electronic auctions , dynamic purchasing systems.
THANK YOU FOR ATTENTION!