REPUBLIC OF ALBANIA PUBLIC PROCUREMENT AGENCY 9th Public Procurement Knowledge Exchange Platform May, 28-31, 2013 Skopje

Priorities of recent reforms Regulatory framework; increasing of full transparency and consolidation of electronic services; Capacity building.

Action Plan for ) e-shopping will be done by 2012 and e-auction will also be completed with the assistance of EBRD. 2) Second Revision of the FA is in progress and will be completed by end of ) Changes to the PPL will be done by 2012 and draft on Public Private Partnership (PPP) and concessions will be included in the law

Improvements to the legislative framework on public procurement Instruction of PPA no. 4, date “On Framework Agreement”. Standard Tender Documents providing regulations for Framework Agreement, dated on

Improvements to the legislative framework on public procurement (cont.) Law no. 131/2012 “On some amendments and additions to the law no. 9643, dated “On public procurement”, as amended. Council of Ministers Decision no. 32 of “On some additions and amendments to the Decision No. 1, dated “On approval of public procurement regulations”, as amended. Council of Ministers Decision no. 47 of “On an addition to the Decision No. 45, dated “On electronic performance of public procurement procedures”, as amended.

Recent developments on concessions A draft law on concessions and Public Private Partnership (PPP) was prepared by the PPA in collaboration with SIGMA. The said draft law was endorsed, in April 2013, by the Council of Ministers, and it was submitted for adoption to the Parliament. Since April 2012, all the concession procedures are being carried out electronically, until the bid opening stage (Council of Ministers Decision no. 268 of “On the electronic performance of competitive procedures for the award of concessions”).

Institutional framework The implementation of legal framework on public procurement is exercised through: Public Procurement Agency; Public Procurement Commission; Contracting Authorities. Central Purchasing Body

Public Procurement Agency With the latest law amendments, PPA was added the competence of controlling the enforcement of public procurement procedures, after the phase of contract signature, in accordance with the legislation requirements. PPA monitors the progress of the public procurement system through information reported periodically from contracting authorities. Current PPA structure – 23 employees (increased with 5 employees)

Public Procurement Commission A collegial review body, composed of 5 members; Under the dependence of the Prime Minister; Dealing exclusively with the complaints of economic operators regarding the procedures for public procurement, concessions, public auctions and mining permissions.

Central Purchasing Body Central Purchasing Body is under the Ministry of Internal Affairs; Conduct procurement procedures on behalf of Council of Ministers, institutions under the Council of Ministers/Prime Minister’s office, Ministries and their subordinate institutions; Number of staff: 15.

List of goods and services Purchase of vehicles Purchase of fuel Purchase of stationery items Purchase of office fixtures and furniture Press subscription Purchase of various cleaning items Purchase of uniforms, clothes and other related accessories Purchase of shoes Purchase of vehicle spare parts for maintenance services Purchase of toners Purchase of electronic and telecommunications Equipment Cooking services and food distribution

List of goods and services (cont.) Insurance of vehicles Internet and services Private guard security services Cleaning services Painting services for buildings

Way of operation Contracting authorities submit a special request in writing and electronic form to the Central Purchasing Body at the Ministry of Foreign Affairs, through which they establish the needs for the above-mentioned goods and services. This request also contains technical specifications, goods and services quantities, that shall be purchased and the available funds (not including In cases when the value for goods and services is up to ALL (without VAT), the procurement shall be carried out by the contracting authorities in accordance with the procurement procedure for small values.

Responsibility of CPB The Central Purchasing Body, under the Ministry of Internal Affairs is fully responsible for implementing the whole procurement procedure (starting with the publication of the contract up to the notification of the winner. Contract is singed from Contracting Authorities themselves.

In the framework of capacities building In the framework of enforcement of public procurement legislation and on purpose its well-implementation, several training activities with contracting authorities, at central and local level, were organized by PPA in collaboration with Training Institute of Public Administration (TIPA). September - November 2012, 10 one-day training sessions: 4 one-day trainings were organized with representatives of audit institutions and offices; 6 one-day trainings were organized with representatives of contracting authorities which were subject to audit by the abovementioned institutions. The total number of trained persons was 150. January – March 2013, 24 one-day trainings with representatives of central and local government institutions, in respect of the latest legislative amendments on public procurement and the electronic conduct of small value procurements. The total number of trained persons was 865.

Latest improvements to the electronic procurement system (eps) Implementation of first phase of concession procedures in the eps; Performance of small value procurements in the electronic system; Further improvement of the electronic archive.

Procurement procedures published in the electronic system from January 1, 2012 – December 31, 2012

Procurement procedures published in the electronic system from January 1, 2013 – March 31, 2013

Foreign assistance During 2012, PPA was assisted by the World Bank, in relation to further improvement of the electronic procurement system. - Encryption of economic operators’ offers, increasing the system’s safety in this regard.

Foreign assistance PPA was involved in the implementation of the ToT program under the EU funded project “Public procurement training in the Western Balkans and Turkey”.

Future Action Plan Application of complaints in the electronic procurement system. Completion of the concessions procedures in the eps. Performance of Public Private Partnership in the eps. E-auction in the eps, and completion of framework agreements in the system (Call off).

Thank you! Reida Kashta Legal Director, PPA Albania Thank you! Reida Kashta Legal Director, PPA Albania