KOSOVO
Public procurement legislative experiences and need
Plans for development of the legislative framework in
short and medium term
Dr. Sc. Ilaz DULI, Board Member of PPRC Kosovo
Vlora, Albania
9-10 September 2014
Procurement Procedures
Open Procedures ( > 10.000 € )
Negotiated procedures after the publication of a contract notice
Negotiated procedures without publication of a contract notice
Restricted procedures
Procedures for price quotations (1.000 € - 10.000 € )
Procedures for minimum contracts ( 100 € - 1.000 € )
Framework contracts (special form)
Innovations in PPL No. 02 / L - 042
• Contract management activities
Contracting authorities after signing the contract are obliged to prepare
• a detailed plan that foresees the implementation of the contract
• (Contract Management Plan);
This plan should include all aspects of organizational, economic,
• technical and legal contract management.
Contract Management Plan should be acceptable, and be signed by
• both contracting parties, prior to start the execution of the contract;
•
PPRC is obliged to prepare a separate regulation and guideline on
• how the implementation of the contract by the Contracting authorities;
•
PPRC is authorized to monitor and manage the contract by the
• contracting authorities.
Procurement activities of the public services operators
This chapter provides a greater flexibility in the case when the public
• companies carrying out procurement activities;
Qualification of economic operators will be based on Indicative notice,
• or on the basis of contract notice;
Deadline for selected economic operator is a maximum of three years, and
• Indicative notices must be published each year;
In order procurement process to be successful their interest in writing, must
• express at least three economic operators;
•
Economic operators who have applied for qualification should be informed
• as soon as possible, and in normal cases within 15 days;
Operators which are rejected, have the right to appeal the PRB
Secondary legislation on Public procurement in Kosovo
• Procurement secondary legislation, including 7 parts:
• Part A: Regulation of Public Procurement (Regulation and Operational
• guideline for PP);
• Part B: Rules on Procurement Procedures (53 different forms: notices, tender
• dossiers, evaluation reports, standard documents);
• Part C: Contract Management (Contract Management Plan);
• Part D: Procurement Code of Ethics (code of ethics and 3 statements);
• Part E: Rules Governing Sale and Disposals of Assets(rules for sale
• and 7 different forms;
• Part F: Rules of Review Procedures (standard form);
• Part G: Documents for Diplomatic and Consular Mission of Republic of Kosovo
• (instruction and 9 different forms);
Plans for development of the legislative framework
In the work plan of Kosovo Government for 2014, has been
• foreseen to start of the amendments to the PPL;
The amendment is expected to begin this year, while procedures for
• approval to be completed in 2015;
During the amendment of the PPL, is expected to incorporate:
• - Some of the provisions of the new EU Directive of 2014;
• - Mandatory use of electronic procurement, by the contracting
• authorities
• - The elimination of some difficulties that are presented during
• implementation of the PPL in practice in these last three years;
Implementation of the legislation
• Although the procurement legislation in Kosovo is quite
• advanced and complete, this cannot be concluded with respect
• to the implementation of the legislation in practice.
Challenges of the public procurement system in Kosovo
• Main challenges that accompany the public procurement system in Kosovo are:
The pressure made to procurement officers during the performance of
• procurement activities, especially on the contract award;
Non-appropriate implementation of public procurement legislation;
Frequent replacing the procurement officers in Contract Authorities;
•
Very small number of licensed procurement officers in Kosovo,
• comparing with budget spent for procurement;
Lack of e-procurement (WB is assisting Kosovo to develop e-procurement);
Not enough training of procurement officers in the public sector and in
• the private sector;
•
Actions to be taken
The strengthening and building of institutional capacities of human
resources dealing with the implementation of the public procurement
legislation;
The fair and reasonable implementation and enforcement of the public
procurement legislation;
Continuing training of procurement officers in public sector;
Start training of procurement officers in the private sector
CONCLUSION
It can be concluded that, in general, the public procurement system in Kosovo has shown
• significant results within a relatively short time (A decade and a half );
If current achievements in PP are compared to the past time, from the introduction of the PP, it
• can be concluded that considerable results have been achieved within a short time.
Factors that impacted in these results can be split into two groups:
a) A large number of international procurement experts, who established the public procurement
• system in Kosovo, were engaged immediately after the war in the field of public procurement in
Kosovo;
• b) Many different donors offered funds for training Kosovar procurement officers in Kosovo and
• abroad;
From the introduction of the PP in Kosovo up to the end of 2013, the PPL has been changed
• five times. All these changes aimed to further reform and improve the public procurement
• system in general by approximating and harmonizing it with the EC procurement directives,
• as well as with the best international practices.
The PPL No. 04/L-042, which is in force, is harmonized in the most part with the EU
• Procurement Directives.
This law provides for the performance of public procurement activities in Kosovo in a
• transparent, professional and non-discriminatory manner;
The secondary legislation is comprehensive, complete and contains all the necessary forms for
• the successful implementation of procurement activities;
Faleminderit
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