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