PUBLIC PROCUREMENT REFORMS IN ALBANIA 10th PUBLIC PROCUREMENT EXCHANGE PLATFORM May, 27-30, 2014 Istanbul, Turkey
Legal framework • Public Procurement Law No 9643/2006, as amended • Concessions and PPP Law No 125/2013
Institutional framework • Public Procurement Agency • Public Procurement Commission
Enforcement of legislation • In October 2013, PPA prepared a Monitoring Plan for negotiation without publication procedures. The purpose of selection for monitoring the abovementioned type of procedure was to verify the legal grounds and legality of such procedures, as chosen by contracting authorities. • PPA analyzes the recommendations submitted by the Supreme State Audit and Internal Audits of other institutions. In case of noticing any public procurement law and regulations infringement, by contracting authorities, in public procurement procedures, PPA assigns the respective administrative measures.
Enforcement of legislation • PPA, in collaboration with SIGMA, started to work on preparation of a national strategy on the development of public procurement system. The aim of this strategy is to define main goals in development of the public procurement system and measures required for their achievement.
E-procurement system • Small value procurement procedures (approx Eur 3,000) conducted electronically. • During 2013, were conducted in the system 17 329 small value procedures. • PPA issued the relevant guidelines. • Council of Ministers Decision No 130 of 12.3.2014, “On the electronic conduct of competitive procedures for the award of concessions/public private partnership”.
Measuring performance of public procurement system • Performance measurement is based on: • E-procurement system • Review system • Monitoring competence of PPA • Audit reports submitted to the PPA • Assessment reports of international organizations • Needs for trainings
E-procurement system Through the system, PPA provides statistics on: • number of procedures, according to their type and procurement object (goods, services and works), published, cancelled, and awarded during a calendar year. • total limit fund, procured total fund, saved total fund. • number of offers submitted to procurement procedures, and the report of qualified offers against those disqualified. • average participation rate of EOs in a procurement procedure.
Review system • Through the number and type of complaints, submitted to the review body, and the decisions issued by the latter, it could be assessed that part of the system needing improvement, included legislation.
Monitoring competence of PPA • Through its monitoring competence, PPA does assess the shortcomings of contracting authorities in implementing the procurement legislation. • Based on that, PPA provides the respective interpretation for the right implementation of legislation.
Audit reports • Audit authorities send for competence to the PPA their findings, based on which the latter examines the actions or non actions of contracting authorities, and in case of noticing any law infringement, PPA assigns the respective administrative measures.
International assessments • Annual SIGMA assessment reports. • Annual progress reports of the European Commission. • Other national and international organizations’ reports.
PPA trainings • Having regard types of infringements evidenced, and the requests of contracting authorities, PPA does assess the needs for training and their thematic.
ECA Programmatic Trust Fund • PPA expressed interest for the assistance of the World Bank in establishing performance indicators for the procurement system’s monitoring purposes.