INTEGRITY PACT - ujn.gov.me · the Integrity Pact, introducing employees with the necessity of its...

GOVERNMENT OF MONTENEGRO

PUBLIC PROCUREMENT ADMINISTRATION

INTEGRITY PACT

Podgorica, February 2014

INTRODUCTION:

INSTITUTION NAME: Public Procurement Administration

ADDRESS: Jovana Tomaševića 2

TELEPHONE: 020/246-411; 242-457; 245-798

E-MAIL: [email protected]

NAME AND OCCUPATION OF THE PERSON IN CHARGE OF PREPARATION AND IMPLEMENTATION OF THE INTEGRITY PACT (INTEGRITY MANAGER):

Ljiljana Nikolić, Senior Adviser I in Department for professional development, training and international cooperation

DATE AND NUMBER OF THE DECISION ON APPOINTMENT OF THE INTEGRITY MANAGER:

01-920/2 of 28.05.2013

DATE AND NUMBER OF THE DECISION ON APPOINTMENT THE MEMBERS OF THE WORKING GROUP FOR DRAWING UP THE INTEGRITY PACT: 01/920/3 of 28.05.2013

MEMBERS OF THE WORKING GROUP:

Ljiljana Nikolić, coordinator,

Mara Bogavac, member of the working group,

Sanja Poleksić, member of the working group,

DATE OF COMMENCEMENT OF THE DRAWING UP: 28.05.2013

DATE OF COMPLETION THE DRAWING UP: February, 2014

DATE OF ADOPTION THE INTEGRITY PACT: February, 2014

3

CONTENTS:

1. DECISION ON APPOINTMENT OF THE PERSON IN CHARGE OF PREPARATION AND IMPLEMENTATION OF THE INTEGRITY PACT (INTEGRITY MANAGER)

2. DECISION ON APPOINTMENT THE MEMBERS OF THE WORKING GROUP FOR DRAWING UP THE INTEGRITY PACT

3. DRAWING UP AND IMPLEMENTATION OF THE INTEGRITY PACT PROGRAMME

3.1.1 Phase I- Establishing the working group and collecting the basic information on the institutional operations including normatives, setup of the work and personnel.

3.1.2 Phase II- Assessing the current state of play, indicating the initial risk factors and drawing up the risk map of the workplaces (interviews, questionnaires)

3.1.3 Phase III- Establishing the processes of the work particularly exposed to the risk of corruption and preparing measure proposals for increasing the level of integrity.

4. METHODOLOGY FOR ASSESSING THE INTENSITY OF THE RISK WITH RESPECT TO THOSE PROCESSES OF THE WORK PARTICULARLY EXPOSED TO CORRUPTION

5. INTEGRITY PACT FORM

6. DECISION ON ADOPTION AND ENTERING INTO FORCE OF THE INTEGRITY PACT

4

1. DECISION ON APPOINTMENT OF THE OFFICER RESPONSIBLE FOR PREPARATION AND IMPLEMENTATION OF THE INTEGRITY PACT

Montenegro

Public Procurement Administration

No 01-920/2

Podgorica, 28 May 2013

Pursuant to Article 68 of the Law on Civil Servants and State Employees (Official Gazette of

Montenegro 39/11, 50/11 and 66/12 of 31.12. 2012.), the Minister/Director/Head of the State

Administration Body adopted the following

DECISION

On Appointment of the Officer Responsible for Preparation and Implementation of the

Integrity Pact

1) Ljiljana Nikolić, graduate lawyer - Senior adviser I, employed at the Department for

professional education, training and international cooperation, is appointed as the officer responsible

for preparation and implementation of the Integrity Pact (Integrity Manager).

2) Integrity Manager shall perform the tasks in relation to the following:

- Managing or participating to the working group responsible for preparation, drawing up and implementation the integrity pact;

- Participating in preparation of the programme for drawing up the Integrity Pact; - Collecting the required documents relating the institutional operations which is the basis

for assessing the risk and drawing up the Integrity Pact; - Monitoring the implementation of the measures in order to improve Integrity; - Drawing up the report on implementation of the Integrity Pact in cooperation with all

organizational units

3) Rights and obligations referring to the item 1 in the dispositive part of this Decision

commenced from 28 May 2013.

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Rationale

Law on Civil Servants and State Employees (Official Gazette of Montenegro 39/11, 50/11 and

66/12 of 31.12.2012.) imposed the obligation on adoption the Integrity Pacts to all State Administration

Bodies in accordance with the guidelines of the administrative body in charge of Anti-Corruption

practices. Pursuant to Article 68 paragraph 2 of this Law special civil servant responsible for preparation

and implementation of the Integrity Pact is appointed by the State administration body in this respect.

Based on the above resolved as in the dispositive part of the decision.

LEGAL REMEDY: Against this Decision an appeal may be lodged to the Appeals Commission within

8 days from the day of its receipt.

DELIVERED TO :

- Appointed Mr./Mrs.

- Personal file No

- Record book No

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2. DECISION ON ESTABLISHING THE WORKING GROUP FOR PREPARATION AND DRAWING UP THE INTEGRITY PACT

Montenegro


No 01-920/3

Podgorica, 28 May 2013

Pursuant to Article 55 of the Decree on State Administration organization and manner of the work

(Official Gazette of Montenegro 05/12, 25/12, 61/12 of 07.12.2012), the Minister/Director/Head of the

State Administration Body adopted the following

DECISION

on Establishing the Working Group for Preparation and Drawing up the Integrity Pact

1) Working Group for preparation and drawing up of the Integrity Pact established by the following

members:

- Ljiljana Nikolić, coordinator

- Mara Bogavac, member

- Sanja Poleksić, member

Rationale

Task of the Working Group is to prepare the programme for drawing up and implementation of

the Integrity Pact, introducing employees with the necessity of its adoption and submitting the

accomplished IP proposal on adoption to the Head of the authority until 30 December 2013.

Working Group is entitled to compensation for their work.

7


LEGAL REMEDY: Against this Decision an appeal may be lodged to the Appeals Commission within

8 days from the day of its receipt.

DELIVERED TO :

- Appointed Mr./Mrs.

- Personal file No

- Record book No

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3. INTEGRITY PACT IMPLEMENTATION AND DRAWING UP PROGRAMME

INSTITUTION: Public Procurement Administration Podgorica, address: Jovana Tomaševića 2

TAX IDENTIFICATION NUMBER (TIN): 02668637

RESPONSIBLE PERSON: DSc Mersad Mujević, Director

MEMBERS OF THE WORKING GROUP: Ljiljana Nikolić, Mara Bogavac and Sanja Poleksić

DATE OF ADOPTION OF THE DECISION: 28.05.2013

DRAWING UP INITIATION DATE : 25.06.2013

I. PHASE

ESTABLISHING OF THE WORKING GROUP AND COLLECTING INFORMATION DATE : April - May 2013 1. PREPARATION PHASE Administrator issues the decision on drawing up the Integrity Pact and appointment of the Working Group (Administrator) No later than: June, 2013

2. Working Group collect required documentation and information from the employees, prepare the

Integrity Pact implementation and drawing up Programme (Working Group),and conduct interviews

No later than: second half of July, 2013

3. Introducing employees to the necessity of adoption the Integrity Pact (Working Group and

Administrator)

No later than: end of July, 2013

II. PHASE

IDENTIFICATION OF EXISTING MEASURES

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DATE : first half of September, 2013

ASSESSMENT OF THE CURRENT STATE OF PLAY AND ESTABLISHING INITIAL RISK

FACTORS

1. Interviews with the employees are conducted,

2. Filling out the anonymous questionnaire is conducted,

3. Assessment of the exposure to the risks and the Talk to the Employess (Working Group),

No later than: 31.12. 2013

III. PHASE

PLAN OF THE MEASURES TO INCREASE THE LEVEL OF INTEGRITY

DATE:

1. Introducing employees with the risks of integrity violation, with assessment of exposure, and with

the plan of the measures for increasing the integrity.

2. Filling out the IP form and drawing up the final report,

3. Adoption of the accomplished Integrity Pact (IP) along with improving measures,

4. Drawing up the IP of the institution and its completion no later than: February,2014

In the first part of implementation of the Programme for drawing up and carring out the Integrity Pact, Working Group performed the activities which are noted in the minutes as follows:

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REVIEW OF INITIAL WORKING GROUP ACTIVITIES

NORMATIVE ACTS` REVIEWS AND ANALYSIS

Working Group established comprehensive list of all normative acts by which the institutional opearation is regulated:

1. 1. Laws, Rulebooks,Decrees, Decisions:

Public Procurement Law (OG of MNE 42/11), Law on Civil Servants and State Employees (OG of

MNE 39/2011 and 50/2011), Law on Salaries of Civil Servants and State Employees (OG of MNE

14/2012), Law on General Administrative Procedure (OG of MNE 60/2003 and 32/2011), Budget

Law (OG of MNE 53/2009), Law on Obligations (OG of MNE 01/2003), Law on the State Audit

Institution (OG of MNE 28/2004), Law on Accounting and Auditing (OG of MNE 69/05 and

32/2011), Law on the Protection of Competition (OG of MNE 44/2012), Law on Free Access to

information (OG of MNE 44/2012), Law on State Administration (OG of MNE 38/2003, 22/2008,

and 42/2011), Labour Law (OG of MNE 49/08,26/09, 88/09, 26/10, 59/11), Law on prevention of

conflict of interests (OG of MNE 01/09;41/11;47/11), Decree on State Administration organization

and manner of work (OG of MNE 05/2012), Rulebook on Methodology of expressing sub-criteria

into an appropriate number of points, as well as a method of comparison and evaluation of bids

(OG of MNE 42/11), Rulebook on forms in public procurement procedures (OG of MNE 42/11),

Rulebook on Manner of Keeping and Content of Records on Violation of Anti-Corruption Rules (OG

of MNE 42/11), Rulebook on Records of the Public Procurement Procedures (OG of MNE 42/11),

Rulebook on Program and Method of Taking Professional Examination for Performing Public

Procurement Tasks (OG of MNE 28/12), Rulebook on More Detailed Content and Manner of

Conducting Public Procurement in Electronic Form (OG of MNE 61/2011), Code of Ethics of Civil

Servants and State Employees (OG of MNE 31/05) and other acts.

2. Internal Acts of the Institution:

Rulebook on Internal Oganization and Job Classification of the Public Procurement Administration,

Guide on Access to Information of the Public Procurement Administration, Rule on the Protection of

Personal Data, Rulebook on the Use of Official Vehicles of the Public Procurement Administration

of Montenegro, Work Programme of the Public Procurement Administration, Strategy for

development of the Public Procurement System in Montenegro for the period 2011-2015, Action Plan

for implementation of the Strategy for development of the Public Procurement System for the period

2011-2015, Annual Report on Public Procurement and other acts under competence of the

Administration.

3. Strategies and Action Plans: Strategy for development of the Public Procurement System in Montenegro for the period 2011-2015, Action Plan for implementation of the Strategy for development of the Public Procurement System for the period 2011-2015, Decision on Establishing the Coordinating Body for Monitoring and Implementation of the Strategy of Public Procurement System for the period 2011-2015, Work Programme of the Public Procurement Administration, The Basis for Negotiations towards Montenegro accession to the plurilateral Government Procurement Agreement under WTO.

11

REVIEW ON INSTITUTIONAL SET-UP

With regard to the part of the institutional set-up, the Working Group established the

comprehensive list and the review as follows:

1. Classification (Organisational Scheme) – Organogram:

Organisational Scheme of the Public Procurement Administration of Montenegro -

2. Short and Long-Term Development Strategies of the Institution:

1. Strategies for development of the Public Procurement System in Montenegro for the period 2011-

2015, Action Plan for implementation of the Strategy for development of the Public Procurement

System for the period 2011-2015, Work Programme of the Public Procurement Administration in

continuity.

3. Annual Agenda:

Work Programme of the Public Procurement Administration for the current year.

2. 4.Organizational Transformation:

Rulebook on Internal Organization and Job Classification of the Public Procurement Administration,

01-2148 of April 11, 2013

Tasks in the area of Public Procurement are performed by the Public Procurement Administration,

Ministry of Finance, and the Commission for Control of the Public Procurement Procedures in the

field of law. The Ministry of Finance supervises the legality and effectiveness of administration body

operation. Judicial review of legality in procurement procedures is ensured by the administrative

dispute before the Administrative Court of Montenegro.

http://www.ujn.gov.me/

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The Public Procurement Administration is established by the Decree on State Administration

organization and manner of the work (OG of MNE 5/12) and by the Decree on Amendments to the

Decree on State Administration organization and manner of the work (OG of MNE 25/12).

According to the Rulebook on Internal Organization and Job Classification, the Administration

already has 18 working places for civil servants and state employees classified into the following

Sectors or Departments: Sector for monitoring the implementation of regulations and monitoring in

public procurement, Department for monitoring of public procurement procedures and administration

of electronic public procurement, Department for professional development, training and

international cooperation in public procurement field, and Service for Administrative and technical

affairs and finances.

Pursuant to Article 19 of the Public Procurement Law (OG of MNE 42/11) and the provisions laid

down in Article 42 of the Decree on State Administration organization and manner of the work, the

Public Procurement Administration shall be entitled to perform the following tasks:

1) to monitor implementation of the public procurement system;

2) to monitor the compliance of the legislation regulating the public procurement system with EU

legislation, to prepare technical basis, to initiate and participate in preparation of the public procurement

regulations;

3) to give approval to contracting authorities on fulfilment of conditions for conducting certain public

procurement procedure in the cases envisaged by this Law;

4) to provide advisory assistance upon contracting authority’s request;

5) to organize and conduct professional development and advanced training of the staff and other

interested parties in performing public procurement tasks;

6) to organize professional exam for performing tasks in the area of public procurement;

7) to establish and maintain the Public Procurement Portal for the purpose of ensuring transparency of

public procurement;

8) to publish public procurement plans, contract notices, decisions on candidates’ qualifications, decisions

on selection of the most favorable bid, decisions on suspension of public procurement procedure,

decisions on annulment of public procurement procedure, public procurement contracts, changes or

amendments of public procurement plans, contract notices, decisions and contracts, as well as of other

acts in accordance with this Law;

9) to prepare and publish a List of contracting authorities on the Public Procurement Portal;

10) to encourage conducting of public procurement in electronic form;

11) to pursue cooperation with international organizations, institutions and specialists in the field of public

procurement;

13

12) to prepare and submit to the Government annual report on the public procurement, carried out in the

previous year;

13) to prepare and publish to the procurement Portal a list of bidders on the basis of decisions on

selection of the most favourable bid;

14) to prepare and publish a Common Procurement Vocabulary (CPV) on the Public Procurement Portal;

15) to perform inspection control;

16) to issue publications and other technical literature;

17) to perform other tasks, in accordance with the Law.

3. Institutional Budget Review and Analysis:

By the Budget of the Public Procurement Administration for 2014 amounting to € 272,313,18 net

earnings prevailed in amount of € 148,765,68. Also, certain assets are foreseen for the purchase

of materials, services and for ongoing maintenance and capital expenditures.

HUMAN RESOURCES` REVIEW AND ANALYSIS

Working Group conducted initial review of human resources` capacities and of undercapacity regarding educational and professional structure within its organization and prepared the Statistical Report including the following information herein: 1. Professional Qualification – Review and personnel skills:

14

University degree: 13 (thirteen employees), Secondary school education: 3 (three employees) According to the Rulebook on Internal Organization and Job Classification for performing tasks within the Administration’s scope of activities, there have been classified 18 job positions for civil servants and state employees. 16 performers are already employed (including Director and Assistant to Director). 2.Practical knowledge of the employees - Review: According to the Rulebook on Internal Organization and Job Classification and to the scope of the Administration`s work, the Employees keep training and developing themselves. Also, in cooperation with the international institutions and through the various formats of workshops, trainings and study visits, they advance their knowledge regarding public procurement area, corruption, code of ethics etc. Within the IPA 2007 Project of the Further development and strengthening of the Public Procurment System in Montenegro, PPA employees completed the training upon which they acquire the status of the first-rank programme trainers. Following to the Training within IPA Multibeneficiary `Training in Public Procurement in the West Balkans and Turkey` officers in the Public Procurement Administration acquired the status as certified trainers in the area of public procurement at the international level. 2. Human Resources` undercapacity Review: University Degree: 2 performers

15

MINUTES ON THE ACTIVITIES OF THE WORKING GROUP (PHASE II)

Within the second part of implementation of the Programme for drawing up and carrying out the Integrity Pact following activities are conducted and recorded by the Working Group:

ASSESSMENT OF THE CURRENT STATE OF PLAY, IDENTIFYING INITIAL RISK FACTORS,

AND DRAFTING THE RISK MAP OF WORKING PLACES

- Surveys;

- Self-Assessment Questionnaire;

- Joint workshops (Focus Groups); Interview with the employees;

- Risk analysis of the working places and of the processes of the work exposed to corruption and to

other unacceptable practices – Risk map or the Risk Organogram (based on the Questionnaire, an

interview, etc.)

As the result of preceding activities, the Working Group established the list of initial risk factors

within the part of the normative,organizational and the personnel structure.

Risk factors of the Appendix to the minutes presented as follows:

For performance of tasks within the Administration’s scope of activities,18 job positions have been classified.

According to the types and nature of the work and on basis of the analysis of the Rulebook on Internal

Organization and Job Classification, as well as of the Integrity Self-Assessment Questionnaire, the

Risk Map of the exposition of working places established as follows:

16

RISK MAP OF WORKING PLACES

Ordinal

number

Working place

Risk areas Impact(1-10) x Probability(1-10)

Initial Risk Assessment

low Medium high

1 - 15 16 - 49 50 - 100

NORMATIVE

1. Use of the Public Procurement Law, secondary legislation and other regulations on public procurement along with general clauses and undetermined legal concepts of broad meaning impartially leave space for broad interpretation, errors and abuse of authority.

2. Weak Interinstitutional relations and cooperation.

ORGANIZATIONAL

1. Strengthening of the interinstitutional relations and cooperation with related institutions,as well as the mutual cooperation among various organizational units within the Institution.

2. Officers` system of rotation doesn`t apply regularly in indispensable and justified cases .

3. Shortage in Budgetary funds, and appropriate and transparent rewarding of the officers based on performance.

4. There are no control mechanisms of the work performance and/or they do not apply.

PERSONNEL

1. There is no human resource management strategy, nor short or long-term planning in view of staff needed, their education or provided conditions for their retention within the institution.

2. There are no appropriate risk analysis of working places and processes of the work in exposure to the corruption and to other intolerable practices.

3. There is no control of the employees in view of conflict of interest in relation to the nature of their work.

17

1. Director

Governing and

Managing of the

Institution

63

Representing the

Public Procurement

Administration

Supervising over the

staff operation

Managing and issuing

decisions within the

competence of the

Institution

Personnel Policy,

ethical and

professional

behaviour of the

employees

2. Assistant to the Head of the Institution; Sector for monitoring and implementation of regulations and monitoring in public procurement

Assist managing

within the

competence of the

Public Procurement

Administration (PPA)

18

Managing and

organizing the work in

the Sector, issuing

decisions on the most

complex items,

coordinating and

directing the work of

performers, pursuing

cooperation with

other State

Authorities and with

NGO sector, and

performing other

tasks in accordance

with the Law.

Personnel Policy,

ethical and

professional

behaviour of the

employees

56

3.

Senior Adviser I

(2 performers)

Perform professional

tasks by order of the

Head, provide

advisory and

technical assistance

to contracting

authorities and the

bidders regarding the

appliance of the PPL,

give prior approval on

the chosen type of

procurement

procedure to the

contracting

authorities, cooperate

with international

institutions and

experts in the public

procurement field,

42

19

participate in

preparation of the

Law, secondary

legislation and other

regulations within the

scope of

Administration.

4.

Adviser III



Head, participate in

monitoring the

implementation of the

Action Plan as well in

implementation of the

Strategy for

development of the

public procurement

system, participate in

preparation and

drawing up the

annual report on

public procurement

and perform other


superior.

30

20

5.

Head of Department

for monitoring of

public procurement

procedures and

administration of

electronic public

procurement

Management and

administration of the

E-procurement

Office, publication of

the public

procurement plans,

contract notices,

decisions on public

procurement and

public procurement

contract awards,

ensuring alignment of

the PPL with the EU

acquis in view of the

E-procurement

system as well as

other professional


Director.

49

6.

Senior Adviser I

Maintenance and

upgrading the Public

Procurement Portal

publishing thereon

procurement plans,

contract notices,

decisions, public

procurement

contracts, and

performing other

36

21

tasks within the

scope of its sector

activities by order of

the superior.

7.

Senior Adviser II



Director, and the

Head of the Sector.

Maintenance and

upgrading the Public

Procurement Portal

publishing thereon

procurement plans,

contract notices,

decisions, public

procurement

contracts, and

performing other

tasks within the

scope of its sector.

30

8.

Head of Department for professional development, training and international cooperation in public procurement field

Manage and organize

the work of the

Department, perform

tasks of the

professional training

and development in

the area of public

procurement, pursue

cooperation with

international

49

22

institutions and

experts in public

procurement field.

Also, perform

professional tasks for

drafting manuals,

publications,

newsletters, guides

and other materials

related to the training;

prepare the plan for

carrying out trainings

scheduled by the

programme as well

as other activities

within its sector.

9. Senior adviser I

Perform tasks relating the staff training organization and realization thereof, participate in annual draft report on public procurement, pursue cooperation with civil sector, participate in the Integrity Pact`s drafting and reporting thereof, and perform other tasks by order of the superior.

36

10 Senior adviser II

Perform tasks related to staff training organization and realization, participate in public procurement annual draft report, publications, newsletters, guides, and other material related to training, cooperate with international institutions and experts in public

30

23

procurement field, pursue cooperation with civil sector, Integrity Pact`s drafting and reporting thereof, and other tasks by order of the superior.

11 Head of Department for administrative and technical affairs and finances

Sector management

and supervision over

the work of

employees therein,

keeping personnel

records, pursuing

cooperation with

Human Resources

Management

Authority regarding

the officers`

employment, keeping

personal files,

pursuing cooperation

with the Directorate

for Anti-Corruption

Initiative.

49

12 Senior adviser III

Perform tasks related

to the following:

prepare documents

for accounting of the

salaries, payments

and of other

employees`

receivings, drafting a

financial plan,

balance sheets,

book-keeping

services, participate

in drafting annual

report and perform

other tasks by order

of the superior.

30

13 Senior adviser I

English language

translator

Translates oral and

written legal

documents and other

acts of secondary

16

24

legislation from/in

English and performs


of the superior.

14 Senior clerk Technical Secretary

Keep records and


of the superior,

mediate phone calls

and reception of the

parties to the director.

25

15

Senior clerk

Registry clerk / Archivist

Keeping records

upon received and

sent mail, keeping

archive items safe,

seals handling and its

storage, as well as


of the superior.

42

16

Senior clerk

Courier

Perform mail delivery

via internal delivery

book, keep records

upon received and

sent mail, as well as


of the superior.

9

25

*Note: The above risk map is self-initial assessment of working places in respect to the nature of work

and competences. At subsequent stage of assessment within the Integrity Pact form it is possible that

some of them would be assessed in a different manner.

3.1.3 Establishing the initial risk factors and the risk map of working places as the outcome of

previous analysis

Previous analysis of Normative, organizational and personnel structure have resulted in establishing

the initial risk factors and the risk map of working places, as well as in conducting questionnaire and

other indispensable operational analysis of functioning within the institution which will serve the working

group as a guide for more simple indication of the risk and factors to those risks (anomaly detection in

the work processes particularly exposed to the risk, or circumstances which may initiate such risk) and

the proposal of appropriate measures to its elimination would be inserted into the IP Excel form at the

third and final stage.

Measuring the intensity of risk would be performed according to the methodology presented and

already inserted into the IP Excel form.

4. METHODOLOGY OF ASSESSMENT THE INTENSITY OF RISK IN RESPECT TO THE RISK AREAS, WORKING PLACES AND PROCESSES OF THE WORK PARTICULARLY THOSE EXPOSED TO POTENTIAL CORRUPTION AND INTEGRITY VIOLATION

LEGEND OF TERMS AND SYMBOLS

The intensity of risk is obtained by multiplying the impact and probability, using the risk matrix `impact(1-10) x probability(1-10)` as presented in the picture below.

26

IM

PA

CT

hig

h

10

9

8 m

ed

ium

7

6

5

4

lo

w

3

2

1 2 3 4 5 6 7 8 9 10

Intensity of risk

(impact x

probability)

low medium high

PROBABILITY

Overall risk of corruption and assessment of other forms of Integrity violation

/H High intensity of risk – Corruption is immanent to this process or it is quite likely to appear

/M Medium intensity of risk – There is probability of corruption to appear in this process, but such risk is managed by control measures

/L Low intensity of risk – Due to existing control measures, there is low probability of corruption to appear in this process

Risk assessment:

Grades are from 1 to 100, so the grades ranging from 1 to 15 represent `the least probable` existence of corruption of `very low` impact (low intensity of risk), the grades ranging from 15-49 represent `medium probability` of corruption appearance with `moderate` impact ( medium intensity of risk), while the grades ranging from 49 to 100 represent `almost certain` existence of corruption with `really high` impact ( high intensity of risk).

27

Improving state of play since the previous review

↔ No changes

↑ Increased risk

↓ Reduced risk

Date of review:

Review performed by:

An example of measuring the impact of risk (consequence):

Impact of ranking Depiction

High It may come to severe consequences so the great efforts have to be taken to prevent or at least alleviate possible circumstances.

Medium Consequences do exist and reorganization is the possible way of its elimination.

Low Actually there are no consequences; only minor measures are required to eliminate the occurrence of events

An example of measuring the probability of risk:

Ranking Probability Depiction

3 High Event may happen in the next period

2 Medium Event may happen in the next 5 years and repeat several times

(more than 5 times).

1 Low Event has not happened yet

At its final stage of drafting the IP, Working group will proceed in accordance with the instruction on

immediate insertion of the identified working places particularly exposed to the risk into the IP Excel

form, then chosen risks related to such working places, appropriate risk factors, existing control

measures, as to those working places where the assessed risk is not eliminated nor overcome by

control measures, so measures for its elimination would be inserted, as well the risk left, the person in

charge, and the time-limit for implementation the above-mentioned measures. Upon filling out the Excel

form in order to have kept all IP drafting stages in electronic manner, i.e. in one Word file (documents

of the Integrity Pact), and in having more simple insight into documentation, printing, registering and

28

archiving thereof, IP Excel form will be copied to the Word format by which this final stage will be joined

to other stages of IP drafting in chronological order.

*Note: Any change within the form should be previously done in Excel in purpose of keeping all data

and modifications in one place, and the copies thereof should be made in Word format where

subsequent sorting of the table is posssible.

29

5. INTEGRITY PACT FORM

TIN: 02668637


INTEGRITY PACT FORM FOR 2014.

RISK REGISTER RISK ASSESSMENT AND

MEASUREMENT RESPONDING TO RISK

RISK REVIEW

AND REPORTI

NG

General and specific risk

areas

Working

places

Risk title Risk factors

Existing

control measu

res

Residual risks

Probability

Impact

Risk

assessment

Proposed/undertaken

measures to reduce risk

Person in

charge

Time-limit .

Progress

since last

review

30

Management and Governance of the Institution

Director

Officials abuse by overstepping their authorities. Integrity violation of the Institution and the employees; Illicit lobbying and other forms of violation of the principle of transparency; Conflict of interest and trade with the reputation of the institution; Receiving impermissible gifts; Corruption; Issuing unlawful decisions.

Insufficient transparency in the work of the institution; Issuing discretionary decisions; Derogations in implementation of the institutional development strategy; other measures, established programmes and work plans; Breaking rules when giving opinions and issuing decisions.

Current law and secondary legislation. Obligation to draw up report. Ethical codex; Government Conclusions.

Not overcome

7 9 63 Identification

of all the

factors or

external

influences that

could affect

the

implementatio

n of the

activities

within the

competence of

the institution;

Adoption of

the procedure

on

discretionary

decision;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

discussions;

Education;

Rotation of

employees.

Director February 2014

32

Sector for monitoring implementation of regulations and monitoring in public procurement

Assistant director

Officials abuse

by overstepping

their authorities;

Violations of

professional

and ethical

rules and

biased

behavior.

Conflict of

interest.

Corruption.

Violation of

integrity of the

institution as of

the employees;

Illicit lobbying,

other illegal

impact, and

other forms of

violation of the

principle of

transparency;

Issuing unlawful

decisions and

opinions

thereof.

Incomplete

regulations

hard to

understand;

Insufficient

transparency

of the work;

Breaking rules

in issuing

decisions and

giving

opinions;

Inadequate

salaries;High

concentration

of tasks on a

single person;

Derogations in

implementatio

n of the

strategy for

institutional

development ,

other

measures,

established

programmes

and work

plans.

Current laws and secondary legislation; Obligation to draw up report. Ethical codex; Government Conclusions.

Not overcome

7 8 56 Identification

of all the

factors or

external

impacts that

could affect

the

implementatio

n of the

activities

within the

competence of

the institution;

Adoption of

the procedure

on

discretionary

decision;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

discussions;

Education;

Rotation of

employees.

Assistant director

February 2014

34

Senior adviser I

Violations of professional and ethical rules and biased behavior with minor consequences. Conflict of interest. Receiving gifts and other inadmissible benefits; Violation of integrity of the institution as of the employees.

Incomplete regulations hard to understand; Breaking rules in issuing decisions and giving opinions; Inadequate salaries;

Current law and secondary legislation; Obligation to draw up report;Official and professional supervision.

Not overcome

6 7 42 Education;

Gaining new

knowledge in

public

procurement

area, as well

the standards

relating

incumbents’

integrity;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

discussions;

Senior adviser I, Line Manager

February 2014

35

Senior adviser I

Conflict of interest and trade with the reputation of the institution; Receiving gifts and other inadmissible benefits; Violations of professional and ethical rules and biased behavior with minor consequences.

Incomplete regulations hard to understand; Breaking rules in issuing decisions; Bad financial situation / Inadequate salaries

Division of work assignments;Current law and secondary legislation; Enhancement in official and professional supervision; Obligation to draw up report;

Not overcome

6 7 42 Education;

Gaining new

knowledge in

public

procurement

area, as well

the standards

relating

incumbents’

integrity;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

of discussions;

Senior adviser I, Line Manager

February 2014

36

Adviser III

Violations of professional and ethical rules and biased behavior with minor consequences.

Incomplete regulations hard to understand; Breaking rules in issuing decisions and giving opinions; Bad financial situation / Inadequate salaries;

Current laws and secondary legislation; Official and professional supervision; Four-eyes principle.

Not overcome

5 6 30 Education;

Gaining new

knowledge in

public

procurement

area, as well

the standards

relating

incumbents’

integrity;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

of discussions;

Senior adviser III, Line Manager

February 2014

37

Department for monitoring of public procurement procedures and administration of electronic public procurement

Head of Department

Conflict of interest and trade with the reputation of the institution; Violation of the institutional integrity; Illicit lobbying, other illegal influence or other forms of violation of the principles of transparency; Receiving inadmissible gifts; Corruption

Insufficient transparency in the work of the institution; Inappropriate appliance of the public procurement procedures; Incomplete regulations hard to understand; High concentration of tasks only to a single person; Inadequate salaries;

Division of work assignments; official and professional supervision reinforced; Current laws and secondary legislation; Obligation to draw up report;

Not overcome

7 7 49 Transparency of the public procurement implementation; Reporting on concluded public procurement contracts; Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

of discussions;

Education

Head of Department

February 2014

38

Senior adviser I

Integrity violation of the institution; Infringement of ethical and professional rules; Receiving impermmisible gifts; Corruption

Incomplete regulations hard to understand; Insufficient and incomplete education; Inadequate salaries;

Official and professional supervision reinforced; Current laws and secondary legislation;

Not overcome;

6 6 36 Gaining new

knowledge in

public

procurement

area, as well

the standards

relating

incumbents’

integrity;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

of discussions;

Education;

Senior adviser I, Line manager

Februar y 2014

39

Senior adviser II

Integrity violation of the institution; Infringement of ethical and professional rules; Receiving impermmisible gifts;

High concentration of tasks only to a single person; There is no appropriate nor transparent performance -based rewards of the employees.

Official and professional supervision reinforced; Current laws and secondary legislation; Obligation to draw up report;

Not overcome

5 6 30 Education; Gaining new

knowledge in

public

procurement

area, as well

the standards

relating

incumbents’

integrity;

Introduction of

periodical

obligation for

the prevention

of corruption

be the topic of

meetings and

of discussions;

Senior adviser II, Line manager

February 2014

40

Department for professional development, training and international cooperation in public procurement field

Headof Department

Conflict of interest and trade with the reputation of the institution; Violation of the institutional integrity; Illicit lobbying, other illegal influence or other forms of violation of the principles of transparency; Receiving inadmissible gifts; Corruption

Insufficient transparency in the work of the institution; Incomplete regulations hard to understand; High concentration of tasks only to a single person; Inadequate salaries;

Division of work assignments; Official and professional supervision reinforced; Current laws and secondary legislation; Obligation to draw up reports;

Not overcome

7 7 49 Gaining new knowledge in public procurement area, as well the standards relating incumbents’ integrity; Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions; Education

Head of Department

February 2014

41

Senior adviser I

Violations of professional and ethical rules and biased behavior with minor consequence; Conflict of interest and trade with the reputation of the institution; Receiving inadmissible gifts; Corruption

Incomplete regulations hard to understand; Violation of the rules when making decisions; Inadequate salaries


Not overcome


Senior adviser I, Line manager

February 2014

42

Senior adviser II

Violations of professional and ethical rules and biased behavior with minor consequence; Conflict of interest and trade with the reputation of the institution; Receiving inadmissible gifts; Corruption

Incomplete regulations hard to understand; Violation of the rules when making decisions; Inadequate salaries


Not overcome


Senior adviser II, Line manager

February 2014

43

Service for administrative and technical affairs and finances

Head of Department

Conflict of interest. Violations of professional and ethical rules and biased behavior with minor consequence; Adoption of unconstitutional and unlawful decisions; Receiving inadmissible gifts; Corruption

Insufficient transparency in the work; Public notice; Selection of candidates; Submission of applications; Draft and contents of the decision on job classification; Bad financial situation / inadequate salaries.


Not overcome

7 7 49 Civil servants and state employees’ acquiring new skills. Clearly defining responsibilities of the staff ; Education; Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions

Head of Department

February 2014

Senior adviser III

Violations of professional and ethical rules and biased behavior with minor consequence; Receiving inadmissible gifts; Corruption

Incomplete regulations hard to understand; Insufficient and incomplete education; Inadequate salaries;


Not overcome

5 6 30 Education; Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions

Senior adviser III, Line manager

February 2014

44

Senior adviser I,Translator

Violations of professional and ethical rules and biased behavior with minor consequence;

Administrative processing of the cases take long time; Incomplete regulations hard to understand;


Not overcome

4 4 16 Education; Introduction periodical obligation for the prevention of corruption be the topic of meetings and of discussions

Senior adviser I Translator , Line manager

Februar y 2014

Independent officer (registry clerk – archivist)

Inappropriate mechanisms for formal and factual data protection; Data protection endangering.

Reception of documents and of other acts; Filing and archiving; Distribution of cases to the staff.

Official and professional supervision; Four-eyes principle

Not overcome

6 7 42 The possibility of making special internal procedures of submitting documentation to employees. Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions.

Independent officer (registry clerk – archivist) , Line manager

February 2014

45

Independent officer (technical secretary)

Inadequate mechanisms for formal and factual data protection; Data protection endangering.

Receipt of documents and of other data; File documents

Official and professional supervision. Four-eyes principle.

Not overcome

5 5 25 Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions.

Independent officer (technical secretary)Line manager

February 2014

Independent officer (operator-courier)

Data protection endangering.

Delay in mail delivery

Official and professional supervision. Four-eyes principle.

Not overcome

3 3 9 Introduction of periodical obligation for the prevention of corruption be the topic of meetings and of discussions.

Independent officer (operator-courier), Line manager

February 2014

PROPOSAL TO THE HEAD OF AUTHORITY FOR ADOPTION THE INTEGRITY PACT (IP)

Pursuant to Article 68 of the Law on Civil Servants and State Employees, the adoption of the above Integrity Pact is being proposed by the

working group to the Head of the Authority / Institution (title of the authority), by issuing decision on ratification and its entering into force.

HEAD OF THE STATE AUTHORITY

46

6. DECISION ON ADOPTION AND ENTERING INTO FORCE THE INTEGRITY PACT

GOVERNMENT OF MONTENEGRO Public Procurement Administration

No 01-1253

Podgorica, 28. February, 2014

Pursuant to Article 68 of the Law on Civil Servants and State Employees (Official Gazette of

Montenegro 39/11, 50/11 and 66/12 of 31.12. 2012.), the Director issued the following

DECISION

1) on adoption and entering into force the Integrity Pact of the Public Procurement

Administration.

2) on appointment of the certain officer for implementation the Integrity Pact (Manager

of Integrity) in order to submit written report to the Head of the institution at least once a year

regarding the implementation of the IP measures.

3) on giving assignments to all employees within the institution that upon request of the

Integrity Manager submit all documents and information required for efficient implementation

of the Integrity Pact.

Rationale

Law on Civil Servants and State Employees (Official Gazette of Montenegro 39/11, 50/11

and 66/12 of 31.12.2012.) imposed the obligation on adoption the Integrity Pacts to all State

Administration Bodies in accordance with the guidelines of the administrative body in charge

of Anti-Corruption practices. Referring to the above, the working group for preparing and

drafting the IP was established by the Decision No 01-920/3 of 28. May, 2013, having been

kept in operation from December 2013 until the end of February 2014 prepared the IP

proposal for approval and its adoption to the Head of institution and which submission was

accepted in full.


Decision shall enter into force upon its adoption.

47

LEGAL REMEDY: Against this Decision an appeal may be lodged to the Appeals Commission

within 8 days from the day of its receipt.

DELIVERED TO:

- Notice board

- Record book No

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